Wescot issue N1 Northampton BC for Goldfish account.Help please.

[edmurph13]

Hi - Ive just received an N1CPC claim form issued by Northampton County Court for Claimant Wescot SPV Ltd originally Goldfish credit card.

They say I owe £3147.30 which includes amount claimed of £2992.30 (£1826.28 + interest of £1166.02) £75.00 court fee and £80.00 solicitors costs. I do not have the monies to pay for this debt and would like help in preparing a defence against it.

 

Thanks

 

Ed:|

[MARTIN3030]

Welcome to ther site.

Can you give some background to this ?

When did the account start ?

When did you last make payment ?

What communications have you had prior to the summons ? how did you respond ?

Did you have charges levied on the account for late payments etc ?

Will move your thread from here.

[edmurph13]

Thanks for your reply Martin3030 - I can't remember when the account started but it was transferred to Wescot in Nov 02. I was paying a minimal amount of it along with payments to other creditors and although the payments where small I could not keep up with them and stopped paying about 3-4 years ago. I have ignored previous correspondence from Wescot and just thought they were bluffing saying they 'might take me to court' on a debt that is so old now. When it was still with Goldfish I'm sure I would have had charges levied against the account for late payment but so long ago now and not sure with Wescot.

 

Cheers

 

Ed

[MARTIN3030]

What is date of issue on the N1 ?

Have you sent off the acknowledgement yet-or submitted this ?

[edmurph13]

Hi Martin3030 - the date of the N1 is 01/11/10 + I haven't sent off the acknowledgement yet. Should I do this electronically + say I intend to defend all of this claim + what about contest jurisdiction?

 

Cheers

 

Ed

[edmurph13]

Hi Martin 3030 or anyone else who can help me please !! I have just electronically submitted my Acknowledgement of Service to the court saying I am disputing/defending the whole of the claim but did not contest jurisdiction. Please can anyone tell me what is my next step!!!!

 

Thanks

 

Ed

[MARTIN3030]

Hi can you explain what you mean by not contesting jurisdiction ?

You have limited time to submit a defence so this is the next step.

Do you remember roughly when you DID make last payment ?

Are their figures correct on the outstanding balance ?

Preparing a defence (What to put there) depends on a number of things.

Also its unlikely that the restrictions of 1000 characters will allow you to input it online-it may need to be sent by surface.When did you take out the card originally ?

When was it passed to Wescot ?

Can you remember if you were served with a default notice ?

[edmurph13]

Hi Martin3030 - thanks for getting back to me. It asks on the acknowledgment of service if ' I intend to contest jurisdiction' and because I was unsure what this meant I dod not tick the box. I honestly can't remeber when I did make my last payment to Wescot. I also can't remember when I originally took out the card as it was a long time ago. Not sure when it was passed to Wescot or if I received a default notice.

 

I have cobbled together the below letter from various posts on the site and was wondering if this would be ok to send to the claimant prior to me putting in my defence;

 

Dear Sir,

Re: Wescot SPV Ltd v Mr Edward Murphy Case No: 0XB50102

CPR 31.14 Request

On 6.11.10 I received the Claim Form in this case issued by you out of the Northampton County Courton 01.11.10

I confirm having returned my acknowledgement of service to the court in which I indicate my intention to contest all of your claim.

Please treat this letter as my request made under CPR 31.14 for the disclosure and the production of a verified and legible copy of each of the following document(s) mentioned in your Particulars of Claim:

1 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. All records you hold on me relevant to this case, including but not limited to:

a. A transcript of all transactions, including charges, fees, interest, repayments and payments and both the original amount of the loan and any repayments made to the account.

b. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations

c. Where there has been any event in my account history over this period which has required manual intervention by any person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my account formerly held with Goldfish.

d. True copies of any notice of assignment and/or default notice or enforcement notice that you or the original creditor sent me, with a copy of any proof of postage that you hold.

e. Documents relating to any insurance added to the account, including the insurance contract and , date it was added and deleted (if applicable).

f. Details of any collection charge added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers.

g. Specific details of the fees/charges levied by any other agency in respect of this account and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.

h. A genuine copy of any deed of assignment, or proof that you have a legal right to this money.

i. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998

j. A list of third party agencies to whom you have disclosed and a summary of the nature of the information you have disclosed.

3. Any other documents you seek to rely on in court.

4. A copy of your complaints procedure, as required by the Consumer Credit Act 2006.

5. Clarification of the date you acquired the debt, what organisation you acquired it from, their registered office, their company number (if any) and what legal title they had to this debt, and what credit license number they had at the time that the debt was purchased or entered into.

 

Although your claim is for a sum which is not more than £5,000.00 and will in all likelihood be allocated to the small claims track for determination upon my delivering a defence, at this moment in time I have not delivered my defence and the case has not been allocated to a track. In consequence the provisions of CPR 27(2) are of no effect and you should not seek to avoid compliance with your CPR 31 duties by claiming otherwise

 

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.

In accordance with CPR 31.15© I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.

 

 

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 if you should fail to comply with this request, 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.

yours faithfully

 

Thanks for your time and help Martin

[sir_gilmour]

Hi

Welcome to The Consumer Action Group.

 

 

I am just letting you know that as you haven't had any replies to your post yet, it might be better if you post your message again in an appropriate sub-forum. You will get lots of help there.

 

Also take some time to read around the forum and get used to the layout. It is a big forum and takes a lot of getting used to.

 

 

Once you start to find your way, you will soon realise that it is fairly easy to get round and to get the help you need.

 

It can be bit confusing at first.