Freds/Carter claimform - Monument Card 'debt' ***Claim Struck Out****

[Upsetandfrustrated]

Looking for help to file a defence if possible?

 

I took out a credit card with Monument in 2004 and steadily the limit went up and I spent it. I lost my job and asked them for the payment protection insurance claim details, only to find that I was not covered. They then started to put all sorts of horrendous charges on to the account. I paid £30.00 per month off the debt, they put £50.00 per month on, and so I was never going to get out of debt.

 

They terminated the account in July 2007 when I asked them over the phone for details of how I could claim the credit protection insurance premiums back and then I started to receive their letters. In October 2007 I had letters from a collection agency, Arrow Global. I have followed this forum for a while and used the letter templates.

 

On the 14th October 2007 I sent a CCA to the Bank. The failed to reply so on the 14th October I sent them a CCA failure (all recorded). I sent a SAR to the bank on the 14th October 2010 and they failed to respond to that too.

 

I had a letter on the 13th October 2007 from Arrow and on the 14th October 2007, I sent a CCA and Assignment of Proof letter to and had no reply. I also sent them on the 3rd November 2007 a CCA failure, to which again they failed to respond.

 

It all went quiet from that point. Then in March I started to get letters again. This time I got a letter from Fredrickson International Limited chasing the debt and at the same time another one from Arrow. Yet again, I sent a CCA to Arrow on the 1st March 2010 and the failure because they did not respond on the 14th March. I sent the same to Fredrickson International Limited reminding them that they, Arrow, and Monument were all in breach and had not supplied information. I also sent to Arrow on the 22nd March a CCA no evidence letter.

 

On the 26th July, I received the court summons below. I have not made any agreements with any party either.

 

 

 

I have done the acknowledgement of service; can anyone help me with drafting a defence or submission? I thought that if they did not supply the CCA or any other documents it was unenforceable and they could not commence court action. I have proof of posting and the slips from the postal orders for the £1 and £10 fee’s. I would also like the hearing at our local court.

 

Any help or advice given will be gratefully received

[huggys boss]

As far as I am aware, they can still apply to the courts without a CCA, but the judge is likely to laugh at them!

 

Did you by any chance keep copies of your letters and proof of posting?

 

I am sure somebody will advise you very soon, but the site has had an upgrade over night and we are all still trying

to get used to navigating it.

 

I will keep bumping your thread to the top of the list until you get help x

[Upsetandfrustrated]

Yes, I have copies of all the letters, proof of posting and the counterfoil from the postal orders that I sent for the fees. £1.00 for a CCA, £10.00 for a SAR etc. They cashed some, but returned most.

 

Thanks for your help. I too am trying to get used to this format.

[MONX]

Not my area of experience but I have read a few posts about ccj's, I believe you can get the venue changed to your local county court. I think you have to post something regarding the particulars of the claim online.

 

I would expect a judge to ask for the original credit agreement, notice of assignment etc in order to proceed with their claim.

 

From what I have gleaned from this forum, DCA's use the bulk clearing court in Northampton because most people dont defend the CCJ's and they are awarded in the persons absence.

 

Someone more experienced will be along soon with more information and to clarify my mumblings!

[merlin100]

Hi upset,

Im dealing with Carters at the moment. Hes notorious for these sneaky tricks.

Dont be too worried about the court claim. Your defence is one of embarrassment. You have asked for proof of you being responsible for this debt on several occassions and no-one has complied with that request. As long as you have all the letters, especially any sent by any particular company AFTER they recieved your CCA or SAR requests then a Judge should simply throw it out.

Just be careful on the day as to whether you get a consumer-friendly or bank-friendly Judge. If you get the latter, you may be asked the question "Did you have this money"? If you answer "Yes" then its game over for you. Your answer is simply "I do not know" - no-one has replied to your letters with any form of proof and its more than likely that you do not recognise the amount being claimed ( because its very likely to have been loaded with all sorts of charges). Let the Claimant do ALL the work and dont let the Judge or the Claimants solicitor ( if there is one) drag you into any lengthy explanations. He/She/they will only be trying to trip you up.

[Bazooka Boo]

Yes definitely do not admit you had this money to the judge, this post will stick you back to the top of the pile where someone with experience of this will assist you.

 

You have already acknowledge receipt with the court yes?

You need to get it moved from N'hampton to your local court, and you can submit an embarrased defence, not only that as the bank has failed to reply to your SAR, they will be investigated by the ICO, and quite possibly fined as a result of failing to comply.

 

A CCA request is neither here nor there really, if they didn't send you yours when requested, if they don't have the 'original agreement' to show the judge, then the judge will ask you to confirm you had this money, which your reply should be the negative, without your admission and the original document, case closed, go home, OC and BC get knuckles rapped again!

 

Just for others to understand;

 

CCA request should be received within 12 working days of receipt of your request, failure to do so, puts the account in dispute, but you must tell them of this.

 

SAR should be received within 40 days if not you can allow another 14 days, before reporting them to the ICO who will investigate, and whilst they are investigating no further action can be taken regarding enforcement.

[saintly_1]

Hopefully moved to Legal Issues as requested

[Bazooka Boo]

Yes thank you!

[The Mould]

Hello Site Team

 

Can you retreive that reply that I was writing for USAF and post it up please?

 

Why did I have to log in again?

 

Kind Regards

 

The Mould

[MARTIN3030]

Not clear why ?

Did you asctually submit the post ?

[The Mould]

Yes MARTIN

 

I had written the post then I submitted it, but I was blown out of the site and had to re-login, unfortunately I lost the posting.

 

Do you know if it is possible for you (The Site Team) to retrieve it?

 

Kind Regards

 

The Mould

[The Mould]

OK MARTIN

 

If it cannot be retrieved then I shall re-post here later on this evening, so not to worry about it, but thank you anyway for replying.

 

Kind Regards

 

The Mould

[Upsetandfrustrated]

Thank you all for your help. I can honestly say I did not have "all" the money as they added over £800 in charges to my reckoning.

[Upsetandfrustrated]

Also I see from other threads something about a CPR 31.14

[The Mould]

Also I see from other threads something about a CPR 31.14

 

Hello USAF

 

Yes on Monday send a CPR 31.14 request to the claimant's Solicitors (Bryan Carter) for disclosure of the agreement stated on the claim form. Send by registered post, they must supply a copy of the requested documents not more than 7 days after the date on which they received the request.

 

Also request disclosure of:

 

1. The Default Notice and proof of posting/delivery thereof.

 

2. The Termination Notice and proof of posting/delivery thereof.

 

3. The Notice of Assignment and proof of posting/delivery thereof. You need to establish if Arrow Global are an equitable assignee or a legal assignee.

 

4. Disclosure of any document that the claimant intends to rely on in these proceedings, remind them of their duties under CPR and of their duties under the SRA's Rules/code of conduct.

 

Did you deny all of the claim when you sent the AOS to the Court?

 

What amount does the claimant claim?

 

Also have a read of CPR 31.2, 31.3, 31.11 AND 31.15 and use the CPR's to your advantage.

 

Defence comming soon, over the weekend.

 

Kind Regards

 

The Mould

[The Mould]

Why have Arrow Global issued a claim from America?

 

Surely they have an address in England, well, of course they do, so why the USA address?

 

Kind Regards

 

The Mould

[The Mould]

Blimey, how strange is that, the last posting by me was a '911' number, the American connection.

 

Have a nice day, hooraah!

 

Kind Regards

 

The Mould

[Guest]

do note though that, technically, cpr 31.14 is only supposed to be used re the docs mentioned in a poc/stat. of case, wit statement etc!

[The Mould]

OK USAF

 

Points No 1, 2, 3 and 4 in my earlier post, state that you also request those particular documents under CPR 31.6 Standard disclosure, in a claim such as this type the claimant will need to disclose these documents in Court to substantiate his claim, state to Bryan Carter that you are not prepared to agree to dispense with or limit standard disclosure unless the Court directs otherwise.

 

Right, as far as your defence is concerned, send off your CPR request first on Monday, then we shall wait and see what you opponents response is, what documents the have and have not.

 

When do you need your defence in by?

 

Kind Regards

 

The Mould

[The Mould]

USAF

 

Do you know those letters make up the 'United States Air force', get your F15 and stealth's ready upsetandfrustrated, lock on, I got tone fox 2 and fire at Arrow Global and Bryan Carter at will, these CPR's will plough the road for you and weaken their shields, then you can drop the big one on your enemy and its good night Vienna. This means nothing to me ohhhhhh Vienna.

 

Kind Regards

 

The Mould

[The Mould]

I think that was Ultravox - Midge Ure classic 80's tune.

 

I wonder if I could play that melody on the violin old boy, what do you think Watson?

 

Kind Regards

 

The Mould

[Upsetandfrustrated]

 

Did you deny all of the claim when you sent the AOS to the Court?

 

What amount does the claimant claim?

 

Yes I went to money claim online, denied all the claim which is for £21.68.77, plus fees of £155.00.

 

I did that 20 minutes before posting for help on here yesterday.

[The Mould]

Yes I went to money claim online, denied all the claim which is for £21.68.77, plus fees of £155.00.

 

I did that 20 minutes before posting for help on here yesterday.

 

OK USAF

 

Have you made a start on the CPR request letter?

 

What is the dead-line for your defence to be in by?

 

Have a look around the forums for your initial defence, but rather than stating that you are embarrassed in pleading this defence to this action, state instead that you are somewhat confused and unsure as to why you are being asked to plead a defence to this claim as you do not recognize the claimant as being someone that you have ever entered into a agreement/contract with.

 

However, send that CPR request off asap.

 

Kind Regards

 

The Mould

[Upsetandfrustrated]

Thanks for the advice, I do not know when it has to be in. I did the AOS on Friday just as soon I as opened the post, then I came on here. I will do a sample CPR letter to see if anyone can add to it later, plus a defence once I have had the chance to look around and get some tips.

[The Mould]

OK USAF

 

How are you doing on the CPR request letter?

 

Right so you received the Court bundle on Friday 6 August 2010 and you filed AOS that very day, is that correct?

 

Kind Regards

 

The Mould