Please help I have received a court letter / ** Claim Discontinued**

[cheops]

Hi,

 

Could someone please help, I have received a court letter regarding a debt I had over 5-6 years ago(could be more) in the letter it states I made an agreement, I have not made an agreement, I have not even spoke to this financial institution before, I think the debt is from when I had a Intelligent Finance account and credit card many years ago. I have scanned in the letter for you so you can see what it says.

 

I don't know what to do, I certainly can't afford it. Recently been made redundant

 

Please help.

 

Best

 

Adrian.

 

Edited July 22, 2010 by cheops

[cheops]

Update:

 

I am thinking of sending this letter as a response to Christopher Pinnion & Co as I found it somewhere else on this site, Would this be a correct reply???

 

Also what is the correct respone on the "Acknowlegment of Service" to the court based on this response

 

I intend to defend all of this claim or I intend to contest jurisdiction?

 

Please help as i'm worried I only have a certain amount of time.

 

Thankyou.

 

 

Me -v- Tessera Portfolio Management

Claim No: xxxxxxxx

 

Dear Sir or Madam

 

I write in relation to the above claim issued in the Southend County Court

 

The pleaded case offers insufficient information to allow me to plead a proper defence, i do not recognise the sums pleaded to be owing to one single account and i believe that there has been a grave error in your pleadings, accordingly, i require the following

 

1) i require you to provide me with copies of the agreements under which the amounts pleaded in your vague claim are owed. Additionally where the agreements are regulated agreements which are regulated by the Consumer Credit Act 1974, i require copies of any default notices and a full break down of the sums claimed including how those sums accrued and under what accounts and also statements showing how the sums claimed are calculated and accrued.

 

I require this information by no later than 4 pm on 2nd August 10, i also require you to agree to an extension of 28 days to allow me to file a proper defence once i am provided with the information which i am seeking.

 

If you fail to reply or fail to provide me with sufficient information to allow me to plead a proper defence i will make an application to the court to order you to plead your case in accordance with the CPR and the Practice Directions and i will seek an order for my costs in doing so.

 

I reserve the right to refer to the contents of this letter on the question of conduct and costs if an application for an extension of time/ discovery of documents/ amendment of pleadings etc is necessary. I cannot plead the defence without the information that has been requested and i am sure that the court will take this view also given that i am a litigant in person.

 

I look forward to your reply

[MARTIN3030]

Strange.

Have you been chased for this in the past ?

[cheops]

Possibly yes but never at this address, When i was at my ex partners address 3 years ago maybe, I'm not even on the electoral role at my new address.

 

What i don't understand is they are saying I made an agreement which i obviously haven't????

[cheops]

Thankyou for your help.

 

I also find strange it says please send Documents and Payments to a different address????

 

Thanks

[MARTIN3030]

Very poor and vague particulars of claim.

Am flagging this up in team forum.

[cheops]

Thank you Martin,

 

I really appreciate your help, as I might be running out of time

[MARTIN3030]

Application / Licence Details

 

 

 

Licence Number:0548510

Licence Status:Current

 

Current Applicant / Licensee:

 

Business NameCompany Registration Number Tessera Credit Services Limited2453485

 

Categories:

 

Consumer credit Debt collecting

 

Right To Canvass Off Trade Premises:No

 

 

Trading Name(s) (Current):

 

Fenton Cooper Pace Forward Rockwell Debt Collection Agency

 

Issued Date: 24-Apr-2004

Date Maintenance Payment Due: 23-Apr-2014

 

 

Legal Formation:

 

Body Corporate (incorporated inside UK)

[MARTIN3030]

I saw we have had some previous threads about these-usually concerning Rockwell DCA.I would imagine its after they have been chasing.

[cheops]

Thanks,

 

Right, shall I hang back sending that letter for now?

[Michael Browne]

In the meantime you should at least acknowledge the claim within 14 days. This will then give you 28 days from the original date of service to submit a defence

[cheops]

Cheers,

 

So hold off sending the letter but send the "Acknowledgment of Service" to the court.

 

In the form which box should I tick, I have no knowledge of laws so please help,

 

1. I Intend to defend all of this claim.

2. I Intend to defend part of this claim.

3. I intend to contest Jurisdiction.

 

Also do I send it to the court address or to Christopher Pinnion?

 

Thanks

[Michael Browne]

1. I Intend to defend all of this claim.

 

To the court, they will inform Pinnions

[cheops]

Ok thankyou,

 

I will send off the form, should I send registered?

[Michael Browne]

I don't see any harm in sending the letter, after all you have no idea what the alleged debt relates to.

I would omit:

i also require you to agree to an extension of 28 days to allow me to file a proper defence once i am provided with the information which i am seeking.

1. because they have no authority to do that

2. even if they had, they won't

 

I suspect the debt may well be Statute Barred. Seems odd the claim is only for £250 so called arrears, why not the entire debt.

[Michael Browne]

 

I will send off the form, should I send registered?

If you want for peace of mind, otherwise get Proof of Postage (for free) at the Post Office.

[cheops]

Ok, Thank you

 

I will send the form to the court and also the letter to Christopher Pinnion & Co with the line above omitted.

 

I also find it very strange these guys are only asking for £250????

 

Once again thanks for your help. I very much appreciate it.

[cheops]

In another similar claim on your forum, someone suggested sending this to the court along with the "Acknowledgment of Service" to the court, Could I send this too??? I am no legal expert, sometimes wish I was.

 

Thanks.

 

1.The claimants particulars of claim are vague and fail to disclose any cause of action, they appear to be an abuse of the process in that they fail to deal with the basic rules of pleading in accordance with the CPR. Accordingly the Claimants claim should be struck out pursuant to CPR 3.4(2)(a)& ©

 

2. Without admission that any cause of action is shown by the Claimant it is denied that the Claimant has a claim whether as pleaded or at all.

 

3. No documents supporting the claims in the particulars have been offered which the defendant needs to establish what agreement it is that this action is based upon, how the figures claimed are accrued, what type of accounts it is that the claim is based upon. The Claimant even fails to plead whom the money is due to and when the cause of action arose.

 

4.Without clarification of the claimants claim, the defendant is extremely disadvantaged and the claimant’s claim appears without merit.

 

5.Further to above the defendant is unable to plead effectively or at all. The defendant is embarrassed.

[Michael Browne]

That could be used as your defence, especially if by the time it's due to be submitted Pinnions have not replied or refused to give details ( you could then include their refusal)

 

If it turns out to be IF a/c and you have not made any payments within the last 6 years, then the debt is Statute Barred.

[cheops]

Ok Thanks Michael, I will draft the letter anyway and keep hold of it for when/if the time comes.

 

Thanks

[cheops]

Hi All,

 

I have now received this back from the DCA? Could someone please tell me what it ultimately means please?

 

And once again thank you for all your help.

 

Best

 

[cheops]

I should also add there was another sheet attached as well to the above that says:-

 

Original £+7000.00

Paid £0.00

Balance £0.00

 

Thanks

[bazaar]

Apply to have your costs re-imbursed;)

Also, make very sure that the court has received this discontinuance notice in case they are pulling a fast one

[cheops]

Thanks for the reply,

 

How do I find out if the court has received the discontinuation Notice? Phone them?

 

Does this mean they cannot chase me anymore?

 

Also how do I calculate what costs are involved?

 

Thanks

[bazaar]

Thanks for the reply,

 

How do I find out if the court has received the discontinuation Notice? Phone them?

 

Does this mean they cannot chase me anymore?

 

Also how do I calculate what costs are involved?

 

Thanks

 

Yes ring the court,

For your costs youre allowed 9.50 per hour as a LIP. So you need to add up all the time spent dealing with each letter theyve sent, WS, claim etc.

Plus postage costs.

If you do it in chronological order, you'll have a good idea what youve been doing.

 

There is a spreadsheet and good write up by Surfaceagent about how to present this.