N9a counter claim ... 10.30 am adjourned

[12break3]

MANAGED ADJOURNMENT YESTERDAY AFTERNOON, FAXED THEM THE EVIDENCE AND THEY THEN SAID OOPS, PLEASE HELP WITH COUNTER CLAIMING,

 

ADJOURNED 'IDIOTS' ONLY SENT THEM THE EVIDENCE OF THE 'APPLICATION FOR DISCOUNTED RATE'

THIS HAS NEARLY BANKRUPT US. AND IN THE MEANTIME, I HAD TO PRIORITISE DEPTS, SO, COULDN'T AFFORD TO PAY ONE LOAN. £500 PER MONTH THIS HAS COST US. AND THEY HAVE DONE THIS BEFORE. CAN I MENTION THIS IN N9A. I HAVE ASKED THEM FOR BANK CHARGE, THEY HAVE SAID NO, CAN I SUBMIT THIS. INTEREST HAS ALSO INCURRED. I HAVE READ THE FOLLOWING:-

 

 

without prejudice Save as to Costs

 

 

 

Re OFFER MADE PURSUANT TO part 36 OF THE Civil Procedure RULES

 

 

 

Dear Sirs /Madam

 

Thankyou for the above letter of xx Dec 2009 of which the contents are noted. In response,the following proposals are put forward in the interest of reaching a mutual amicable settlement.

We are considering persuing this claim by way of a counterclaim in respect to the PPI and Unfair charges applied to the account and also in respect of the Claimant's unlawful conduct with view to compensation.

In regard to the default charges levied to the account for alleged late payments.The Court and yourselves will be aware that these charge types and the recoverability therof have been judicially declared to be susceptible to assessments of fairness under the Unfair Terms in Consumer Contracts Regulations 1999 (The Office of fair Trading v Abbey National PLC and others 2009 and would further contest in a counterclaim that such charges are unfair in their entirity.We would also point out that if the claim was to proceed we will request Specific Disclosure for yourselves to provide copy of the executed Agreement.

With the above in mind we feel that it only fair that a more realistic figure of xxK would be acceptable and payable in instalments.

 

We look forward to hearing your response

 

 

Yours faithfully

 

 

 

 

 

BUT I NEED THIS FOR MORTGAGE OBVIOUSLY.

[PriorityOne]

Is there another thread going on this? Very late in the day to be offering advice but from reading your letter, it seems the amount in question falls under the Consumer Credit Act? Without knowing how old the debt is or the background, I'm sticking my neck out... but.... if it falls under consumer credit law, you need to make the court aware that you've only just realised your rights in relation to this matter and need to make a formal request for a true copy of the consumer credit agreement that the claimant is relying upon to enforce this debt.

 

The reason for this is because you need to check that the claimant has the legal right to re-claim the amount stated on their POC (particulars of claim) and have sight of the terms and conditions that go with it. Have they suppied you with a Default Notice? if not, you need sight of that as well.... and you need a full statement of account from the claimant, including a full and complete breakdown of any/all unlawful charges and/or interest that may have been applied to the account before and after any Default Notice was issued. You shouldn't really be offering to settle until you've had sight of these documents...

 

Take "without prejudice" off your correspondence as well....

 

Is this being faxed to the court or the creditor/DCA? Who is chasing you for this money.... creditor or DCA? If this is going to the court you need to state that you are a litigant in person.

 

If the do succeed in getting a CCJ, we may be able to look at getting it set aside....

 

Good luck this morning... please let us know how you get on

[12break3]

Is there another thread going on this? Very late in the day to be offering advice but from reading your letter, it seems the amount in question falls under the Consumer Credit Act? Without knowing how old the debt is or the background, I'm sticking my neck out... but.... if it falls under consumer credit law, you need to make the court aware that you've only just realised your rights in relation to this matter and need to make a formal request for a true copy of the consumer credit agreement that the claimant is relying upon to enforce this debt.

 

The reason for this is because you need to check that the claimant has the legal right to re-claim the amount stated on their POC (particulars of claim) and have sight of the terms and conditions that go with it. Have they suppied you with a Default Notice? if not, you need sight of that as well.... and you need a full statement of account from the claimant, including a full and complete breakdown of any/all unlawful charges and/or interest that may have been applied to the account before and after any Default Notice was issued. You shouldn't really be offering to settle until you've had sight of these documents...

 

Take "without prejudice" off your correspondence as well....

 

Is this being faxed to the court or the creditor/DCA? Who is chasing you for this money.... creditor or DCA? If this is going to the court you need to state that you are a litigant in person.

 

If the do succeed in getting a CCJ, we may be able to look at getting it set aside....

 

Good luck this morning... please let us know how you get on

 

I've just had the worst case scenerio of bullying and harrassment by staff and BM,

Edited August 20, 2010 by 12break3

[PriorityOne]

What's happened....?!

[12break3]

Some past history of these idiots existing customers to enlighten everyone

 

Re "Extremely poor customer service. No one takes responsibil" posted by visitor at 13:54 08/08/03

 

they lost our mortgage application as well, and I was an existing customer!! they literally did nothing for 4 weeks that we were in danger of losing the house we wanted to buy (and I will give kudos to Standard Life here for being very quick and efficient!) - so I had to cancel my mortgage which cost me £4k! so doing nothing + lying about the application being processed = £4k - nice work if you can get it. They offered us £500 - after my MP got involved - and even the FSO won't uphold my complaint, so now I'm looking for other avenues - media, online claim, etc, etc. Their customer service is very poor.

 

and another example:mad:

 

13:54 08/08/03 Extremely poor customer service. No one takes responsibility for chasing up a query, when you do eventually get a name and a promise to call back, no one ever does and the named individual is suddenly not available.

We have explained our particular situation to them any number of times and no-one takes any notice.

It has taken nine days for them to even acknowledge that they have received an application (they lost it until someone actually looked in the relevant in-tray), then they tell you that you are at the back of the queue due to their incompetance!

[12break3]

Some past history of these idiots existing customers to enlighten everyone

 

Re "Extremely poor customer service. No one takes responsibil" posted by visitor at 13:54 08/08/03

 

they lost our mortgage application as well, and I was an existing customer!! they literally did nothing for 4 weeks that we were in danger of losing the house we wanted to buy (and I will give kudos to Standard Life here for being very quick and efficient!) - so I had to cancel my mortgage which cost me £4k! so doing nothing + lying about the application being processed = £4k - nice work if you can get it. They offered us £500 - after my MP got involved - and even the FSO won't uphold my complaint, so now I'm looking for other avenues - media, online claim, etc, etc. Their customer service is very poor.

 

and another example:mad:

 

13:54 08/08/03 Extremely poor customer service. No one takes responsibility for chasing up a query, when you do eventually get a name and a promise to call back, no one ever does and the named individual is suddenly not available.

We have explained our particular situation to them any number of times and no-one takes any notice.

It has taken nine days for them to even acknowledge that they have received an application (they lost it until someone actually looked in the relevant in-tray), then they tell you that you are at the back of the queue due to their incompetance!

 

and another:

 

I found them to be the worst company I have ever dealt with by far. I regularly spoke to my 'named contact' but he seemed unable to do anything at all. Everthing had to go through their processing centre in India. Long story short, a simple remortgage took over 5 months - ended up going into my local branch who were stunned at the incompetence.

Even their complaints team gave up and suggested I went to the ombudsman, which I did. Got £600 for the extra interest I paid - never mind I must have wasted 30 hours on the phone/writing letters.

Got my fingers crossed for you.

[PriorityOne]

Ok... this is quite hard to piece together, so more info. would help.

 

They are taking you to court, so we need more info. about this

 

Who is taking you to court (which company)?

What is it for?

How much are they going after?

Are there any charges that have been added (to your knowledge)?

Does the account fall under CCA law (credit card/loan)?

Have they succeeded in getting a CCJ against you yet?

 

Please take your time.... it sounds as if you've had a horrendous experience and people here will try and help you through it.