Els & Cole Solicitors acting on behalf of Tessara Portfolio Management

[gunit2k9]

Hi

 

Just wanted some advice on a letter I received today purporting to be from Els & Cole Solicitors.

I say purporting because the contact details i.e. phone number, address, fax, email etc. are the contact details of Fenton Cooper. The email address is: elscole@fentoncooper

 

Surely if this was a genuine letter from said solicitors it would come on their headed paper and with their contact details.

Is this just one of Fenton Cooper/Tessera Portfolio Management dirty hand tactics in getting you to believe its from a solicitor?

 

The letter states they are intending to take legal action unless I pay the amount they are demanding or contact them by the 5th of April.

 

My gut feeling is to just ignore as I have with other previous letters from Tessera and their associates.

However, I do not want to end up with a ccj.

I have not acknowledged the debt.

The last payment on this account was made in 2001/02 and as such I believe is now stature barred, in any case.

 

My credit file is clear and have not been refused credit and I would like it to stay that way.

What should I do?

send a letter declaring that such debt would be statute barred or file under bin?

any advice would be appreciated.

[cerberusalert]

Make them prove a debt exists & they have the right to collect, send this; http://www.consumeractiongroup.co.uk/forum/content.php?428-General-debt-letter-if-you-know-nothing-of-the-debt

 

If indeed it relates to a SB debt send this; http://www.consumeractiongroup.co.uk/forum/content.php?420-Letter-to-use-if-a-DCA-still-try-to-collect-after-Statute-Barred

[DonkeyB]

These numpties have been handling a lot of SB debts recently. Looks like they went buying at the lemon shop.

[gunit2k9]

Hi

I have now received a letter (well I say a letter) more like a claim form from Southend County Court re: tessera portfolio management ltd claiming £879.57.

I presume this is a CCJ claim.

 

As stated before I do not know about this debt but it could have been from my student days.

The student advisory service dealt with all my creditors at the time and helped me pay off my debts.

 

If this is from then it would be statute barred as I have not paid any moneys to or acknowledged any debt since May 2004.

My credit reference report is clear.

The only credit I have had and is run properly is my student overdraft in all that time.

What should I do?

[Rayne]

HAving learned my lesson the hard way I would SAR Tessara using http://www.consumeractiongroup.co.uk/forum/content.php?417-A-Subject-Access-Request-for, but make sure you acknowledge the claim as well.

[42man]

If it is a court claim, firstly please don't panic.....are you able to type up the POC's (Particulars Of The Claim) from the claim form ? Does it have a court stamp on it ?

 

As this debt is indeed barred by staute of limitations then this will be your defence....when they withdraw, you can hit them with a discontinued costs bill - this will be your defence, BUT make sure you defend all and stick to the timescales - http://www.consumeractiongroup.co.uk/forum/showthread.php?162456-Help-with-statute-barred-debt-county-court-claim-form

[gunit2k9]

Thanks 42 man

Particulars of Claim:

The Claimants claim against the defendant Mr #######

the sum of 754.57 due under the following account:- 22#######

754.57

 

Going to send the Acknowledgement of Service today. Do I send CPR/SAR to tessera as others have suggested?

Cheers

[gunit2k9]

Oh and yes it does have a court stamp on it but cant tell whether it is genuine or not.

Do I send it recorded delivery?

[42man]

Is that all it says ?? There is no cause of action whatsoever.....I think the statute barred defence is a complete defence but you could have some fun here - have a read of this - http://www.consumeractiongroup.co.uk/forum/showthread.php?160703

[DonkeyB]

No letter before action or other communication? Wasted costs coming!

[42man]

Send this recorded to the solicitors...

 

Dear Sirs/Madam

 

Civil Procedure Rules Request

 

I am in receipt of your recent claim issued through the XXXXX County Court.

 

It is my intention to defend the claim in full and claim my costs at a hearing or on discontinuance to make a wasted costs order due to the time and cost in taking legal adivce.

 

There are 3 issues here namely

 

1 - I have not received any letter before action.

 

2 - The claim is without any doubt vague and comes nowhere close to complying with the civil procedure rules and I believe this could constitute an abuse of process in which case I am considering applying to strike out under CPR3.2

 

3 - The alleged debt is also likely to be barred by the Statute Of Limitations Act 1980

 

In any event I now requure via CPR18

 

The agreement.

 

The default notice.

 

The termination notice.

 

Statements for the duration of the account.

 

Details of any insurance products that were added to the account.

 

Notice of Assignment

 

Deed of Assignment

 

I will expect this documentation to be provided within the next 7 days.

 

In the meantime I will continue to seek advice and continue with a full defence of the claim.

 

Yours faithfully

 

(dont handsign)

 

Send it recorded delivery.....

 

And continue to defend all the claim and KEEP TO THE TIMESCALES.....

 

If you need help please ask...

[gunit2k9]

I have just sent the Acknowledgement of Service off today, by recorded delivery.

The claim form as an issue date of 11 April 2011.

What are the timescales of me submitting my defence?

 

Thanks 42man I will send that off to the solicitors by recorded delivery tomorrow.

 

Just one question should I be providing them with my defence?

 

in this letter, before the proceedings as other advice I have been given is that I might not want to give them that information until we get to court.

[42man]

In which case take out the basis of your defence as mentioned in the guideline letter I put above....

[gunit2k9]

Do you think by stating my defence and that it is statute barred they may just discontinue the proceedings? T

herefore leaving it in the letter may well dissuade them from pursuing it any further.

Do I put my address on the letter?

[42man]

Your defence will be along the lines of.

 

1 The Claimant's claim was issued on (date).

 

2 The defendant denies ever having any kind of relationship and denies any such account with the claimant.

 

3 The particulars of the claim are vague and do not show any cause and is therefore an abuse of process.

 

4 The Claimant contends that the Claimant's claim so issued is a claim in contract and is statute barred pursuant to the provisions of section 5 of the Limitation Act 1980. If, which is denied, the claimant contends that the Defendant is in breach of the alleged contract, in excess of 6 years have elapsed since the date on which any cause of action for breach accrued for the benefit of the Claimant.

 

5 The Claimant's claim to be entitled to payment of £x or any other sum, or relief of any kind is denied.

 

I BELIEVE THAT THE CONTENTS OF THIS DEFENCE ARE TRUE.

 

Signed

 

Dated

[42man]

Yes put your address on the letter....send off minus the 3 numbered points and where it says "there are 3 issues....."

[gunit2k9]

Right letter ready to send minus those points. I now give them 7 days from sending it or 7 days from when the letter was dated?

Then in 7 days I then add:-

 

1 The Claimant's claim was issued on (date).

 

2 The defendant denies ever having any kind of relationship and denies any such account with the claimant.

 

3 The particulars of the claim are vague and do not show any cause and is therefore an abuse of process.

 

4 The Claimant contends that the Claimant's claim so issued is a claim in contract and is statute barred pursuant to the provisions of section 5 of the Limitation Act 1980. If, which is denied, the claimant contends that the Defendant is in breach of the alleged contract, in excess of 6 years have elapsed since the date on which any cause of action for breach accrued for the benefit of the Claimant.

 

5 The Claimant's claim to be entitled to payment of £x or any other sum, or relief of any kind is denied.

 

I BELIEVE THAT THE CONTENTS OF THIS DEFENCE ARE TRUE.

 

Signed

 

Dated

 

 

 

to my defence/counterclaim form and send that off to the courts?

[42man]

3 The particulars of the claim are vague and do not show any cause and is therefore an abuse of process.

 

Change to " The particulars of the claim are vague and do not show any cause. Therefore the defendant believes that this is an abuse of process."

[gunit2k9]

Im not going to miss any deadlines by waiting for their replies am I?

If I send the CPR to their sols tomorrow and then wait for a reply until the Tuesday 26th of April and then send my defence off to to the court it will be within the timescales for the courts....slightly panicking

[gunit2k9]

Right I have sent the CPR request off today by recorded delivery.

What do I do now?

Wait until next Wedsnesday and then send my defence of to the courts?

[42man]

Yes....make sure you send everything recorded and stick to the deadlines....

[angel19]

hi

your letter must have been sent out a few days before mine as mine arrived today ...

so glad to know that someone else is in the same boat as me:

 

x mine is a court style letter with the same solicitor details which as you said really are fenton cooper.

 

mine says i owe £6300 but they are taking me to court for £250 plus costs only as it states I have agreed to pay 50 (do not know if it means £50 pr 50p) per week and £250 are my arrears.

 

My credit history is fine now and I have not borrowed or owe anything else or acknowledged any debts in between 5-7 years (some have been paid off in full).

 

mine just says it is tessera portfolio management but i have only ever owed small amounts so even the ones paid off added together do not add up to this amount.

 

I have been worried sick all day as I have never had a court letter like this before and it says I could end up with a CCJ against me.

 

Not really sure what I need to do as IF this is linked to a very old debt and then interest at some point was added that was a debt from 12 yrs ago which as far as I knew I do not owe anymore and I have not made a payment towards in over 6 years.

 

I would really like to know what is the best thing to do as if I even pay £1 it means I acknowledge the debt is mine and I will then be liable to pay it but I do not under any circumstances what a CCJ against me.

 

As for saying to states I have agreed to pay 50 per week

- i have never had enough money to pay £50 per week to anyone and if i only owe £250 that would mean they think I broke it in the last 6 weeks. if on the other hand they mean 50 pence per week to get to £250 that would mean I have not paid it for 9.6 years which would mean I do not owe anything now.

 

How do I go about finding out what this debt really is without admitting or acknowledging it is anything to do with me please. I am completely unable to work out what to do myself as I do not know what the debt is.

[ScarletPimpernel]

Angel19

Please start your own thread so that you can get help without hijacking the original thread.

[gunit2k9]

Right I have waited over 7 days for a reply to the CPR letter and have not received anything. I am about to fill in my defence with the points mentioned earlier. Should I add that I have sent a CPR request letter but have received nothing back from the claimant?

Do I make a counterclaim for costs?

[gunit2k9]

Right I have sent the defence of to the courts. What happens next?