Wescot taking me to court

[conar686]

I really do not understand what is occurring; I've received the attached claim form from Wescot regarding a disputed account with MBNA.

 

This is another one where the agreement produced is illegible; where I've stopped payments until a legible copy can be produced; am I missing something or do both Drydens and Wescot have a cunning plan to overturn the requirement for legibility

 

They've not even attempted, like Dryden, to reconstitute the document

 

The claim form is dated 12 Jul 10 so I calculate that I've got until 9 Aug to acknowledge the claim

[conar686]

I'm sending them the 31.14 letter as my starter for 10.

 

Claim Number: 0KH03703

 

On 13 Jul 10 I received a Claim Form in regard of the above case issued by you out of the Hull County Court. I intend to defend the whole of the claim

Prior to the issue of proceedings I had delivered numerous requests for the production of a legible and compliant true copy of Consumer Credit agreement on which you rely.

Please treat this letter as my request made under CPR 31.14 for the disclosure and the production of a legible and true copy of each of the following:

1. The true and legible copy of the agreement.

You will appreciate that in an ordinary case and by reason of the provisions of CPR PD 16 Para 7.3, where a claim is based upon a written agreement, a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the original(s) should be available at the hearing. Further, that any general conditions incorporated in the contract should also be attached.

2. The termination notice

3. A true copy of the terms and conditions applicable at time of signature

You should ensure compliance with your CPR 31 duties and ensure that the document(s) I have requested are copied to and received by me within 7 days of receiving this letter.

Your CPR 31 duties extend to making a reasonable and proportionate search for the originals of the documents I have requested, the better for you to be able to verify the document's authenticity and to provide me with a legible copy.

Further, where I have requested a copy of a document, the original of which is now in the possession of another person, you will have a right to possession of that document if you have mentioned it in your case. You must take immediate steps to recover and preserve it for the purpose of this case.

Where I have mentioned a document and there is in your possession more than one version of that same document owing to a modification, obliteration or other marking or feature, each version will be a separate document and you must provide a copy of each version of it to me.

Your obligations extend to making a reasonable and proportionate search for any version(s) to include an obligation to recover and preserve such version(s) which are now in the possession of a third party.

If you require more time in which to comply with this request you must tell me in writing. You must tell me before the time for compliance with this request has expired.

In telling me you require more time you must tell me what steps you have taken and propose to take in order to comply with this request and also state a date by when you will comply with this request.

In addition your statement must be accompanied with a statement that you agree to an extension of the time for me to file my defence.

Your extension of time must be not less than 14 days from the date when you say you will have complied with my request and you must state the new date for filing my defence.

If you are unable to comply with this request and believe that you will never be able to comply with this request you must tell me in writing.

Please note that should you fail to comply with this request within the timescale I have stated or if you fail to request more time or fail to agree to an extension of time for the filing of my defence, I will make an application to the court for an order that the proceedings be struck out or stayed for non-compliance and a summary costs order.

I do hope this will not be necessary and look forward to hearing from you.

 

[cymruambyth]

You will need to make your images a bit larger.

[conar686]

[conar686]

Agreement

 

[conar686]

Default sent

 

[conar686]

Main Claim info

 

[conar686]

Assignment

 

[conar686]

Front page claim

 

[conar686]

Help with strategy going forward would be most welcome

[conar686]

Bump