Tessera/ELS/Cole Claimform southend court - old with halifax Cetelem loan ***WON*** Court case dropped and compensation paid***

[Penfolds]

Hi all please could i have some guidance how best to deal with this it has really knocked me for 6.

Here goes....

I took out a loan with Halifax Cetelem round about 2001.

How ever i defaulted about 1 year in, loan was sold to Tessera Portfolio Management Ltd.

Im sure i must of paid them some random figured sums upto the year maybe 2005, to get them off my back then they would dissapear for months or even years.

 

I had the usual phone calls and letters from there variuos DCA's Rockwell, Fenton Cooper, ELS just to name a few,

i moved house in 2009 and buried my head. However letters started again at my new address then yesterday court papers arrived.

 

Its a claim form Southend County Court,

 

Claimant : Tessera Portfolio Management Ltd

 

Amount Claimed £6,XXX.XX

Court fee £190.00

Solicitors Costs £100.00

 

Total amount £6,XXX.XX

 

Particulars of claim-

The claimants claim against the defendant Mr XXXXX the sum of £6,XXX.XX due under the following account :XXXXXXXX XXXXXX £6,XXX.XX

 

Would really appreciate any guidance.

 

Thanks

[dx100uk]

when was YOUR last payment or financial transaction on the loan

 

dx

[Penfolds]

hi dx,

 

thanks for your response, im not sure at all , i had a look at my credit report few months back and think i saw a payment in 2009, but i dont remember paying them, and not 100% sure that was for this debt

[dx100uk]

could there have been a clear 6yrs when you made no payment or refinanced?

 

if you do not know you need to SAR the OC.

 

dx

[Penfolds]

i have strong feeling that 6 yrs has passed with no financial transaction . Who is the OC not picked up on that abb yet.

 

many thanks again

Edited May 8, 2011 by Penfolds

[dx100uk]

OC is original creditor

 

you will prob need to SAR the claimant too

 

as i suspect they are relying on a 'phantom' payment

which magically appears to try and 'null' the SB

 

SB'ed will be your probable defence

 

if this is the case

 

i suspect they'll drop the claim once you defend

 

dont let them

 

go to court and claim wasted time and costs

 

the judge will be none too happy.

others will be along when they come online soon

 

dx

[Penfolds]

Ok so just to clarify am i right in i have to do the following?

 

1. Tick defend all of claim and return just the acknowledgement of service?

 

2. Send SAR to Halifax Cetelem?

 

3. Send SAR to Tessera Portfolio?

 

will any adapted SAR template from these forums suffice, (not saying they are different)

 

 

 

Kind Regards

[Penfolds]

Had a quick look...... and still looking it seems Halifax Cetelem is no longer trading

[dx100uk]

halifax will do

 

dx

[Penfolds]

Ty Dx,

 

Gonna draft the sars and post up tomorrow

[Penfolds]

Hey DX,

 

Should i include a cca request in same letter?

 

only i come across some amended SARS with CCA request.

 

TY

[Penfolds]

Bump -

 

 

Should i include a cca request in same letter?

 

only i come across some amended SARS with CCA request.

[dx100uk]

use the amended sar

 

dx

[Penfolds]

Hey Dx,

 

been digging some more here and found this very recent thread

 

consumeractiongroup.co.uk/forum/showthread.php?297203-County-court-summons-for-16-year-old-debt-**Claim-discontinued**/page2[/url]

 

would a cpr be any different, really am sorry i wanna get this right and about about to lick the envelope

 

......... and now i went to respond to AOS online and theres no password (as it in Southampton CC ) so now i got 4 days for them to receive by post, should i send recorded delivery?

 

Thanks again

[dx100uk]

legal is not really my game

 

i'd click the black triangle and ask for help

 

dx

[silverfox1961]

Hi,

I'm no legal expert either but I think you should be sending tessera a cpr 31.14 to get the document(s) they are relying on BUT in their POC's they have given very little information. Is what you posted in post 1(the POC's) as it came or is there more?

 

You do need to be sending Halifax a SAR to get as much info about payments and get a copy of your credit file to see what (if anything) shows

 

In post 1 you say Southend but in a later post you say Southampton? As it isn't an MCOL document, you cannot acknowledge this online. You will need to take it to the local county court. It will get transferred to your local court when it comes to the hearing.

 

If you haven't read this yet, I recommend you do so

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?241827-Legal-Action-how-to-start-off.-IMPORTANT-IF-YOURE-BEING-SUED

[Penfolds]

Hey Silverfox,

 

thank you for your input and the link,

 

the POC is exactly as above very vague.....

 

it is in Southend CC, so i sent the AOS by post today hopefully for them to receive before the 14 day lapse - court papers issued on 3rd, but i will ring the court on monday to confirm they received them.

 

 

i have ready a CCA and SAR to Tessera's solictiors ELS , i will reprint and send both to halifax instead,

 

i have also printed a CPR ready to be fired off to ELS copied from this link ( cant post link dont have 20 posts, cut and paste please)

 

 

consumeractiongroup.co.uk/forum/showthread.php?297203-County-court-summons-for-16-year-old-debt-**Claim-discontinued**/page2[/url]

 

Please can you confirm this is the best way to do this

 

 

Thanks

[slick132]

Hi Penfolds,

 

As court action has already been started, you do not have to send a SAR and pay £10 for each, nor a CCA request

 

Anything you require that's referred to in the POC, you will seek direct from the Claimant's solicitors using a CPR 31.14 request. I'd seek the credit agreement, Default Notice, Termination Notice, Notice of Assignment and all account statements, based on the fact that they refer to "the account" in their POC.

 

Anything further that you require that is not mentioned in the POC, you will seek using a CPR 18 request.

 

The Stickies at the top of the forum have much useful info about using the 2 types of CPR requests.

 

[Penfolds]

Thanks Slick

 

OK cpr 31.14 sent ..... will post there response when received. :/

[Penfolds]

Ok so i sent the CPR 31.14 below..

 

 

template removed - dx]

[Penfolds]

And this was there response-

 

Thank you for your letter of 16 May 2011.

 

In response to your request please note the following.

 

1. This will have to be ordered from the original lender, Halifax Cetelem. It will take some time for our client to obtain this additional information from the vendor.

we have therefore discussed this case with our client who has confirmed that they are content for us to place this matter "on hold" for the time being whilst the document is awaited.

 

2. The deed of assignment is a private and confidential document between the vendor, purchaser and any financiers who may have been involved. It contains confidentiality clauses and consequently we are unable to provide you with a copy. This is not necessary under UK legislation.

 

3. The notice of assignment was sent to you on 22nd September 2003. This complies with the current UK legislation. We enclose a print of the precedent Notice of Assignment letter. The claimant has written its own computer case management system which has been operational since 1995. The computer system has within its database numerous precedent letters, including the Notice of Assignment. Your details and amount due and owing etc are extracted and populated into relevant precedent letters. From reference to the claimants computer system please find enclosed a printout of the in-fills used to populate this letter. It is possible to cross reference the in fills from the letter to the printout, (e.g. "StandardField03" on the letter relates to your title, in this case "Mr"). A copy of the printout containing the in fills is also enclosed. We are unable to provide with a full reconstituted copy as neither this firm nor our clients have a stock of Halifax Cetelem paper.

 

4. The Default Notice was sent to you on 26 September 2008. A reconstituted copy is enclosed.

 

5. The Termination Notice was sent to you on 10 October 2008. A reconstituted copy is enclosed.

 

We Trust that the above information will be sufficient for you to recognise the debt in question.

Furthermore you have previously acknowledged the existence of the debt, as evidenced by the payments received via our clients previous agents, as shown on the enclosed statement.

 

Our client has to date received £2,320.25 from you, with the last payment being received on 16 November 2009. We therefore invite you to put forward your firm and realistic repayment proposals for commencing repayment of the remaining debt and await your response within the next 14 days.

 

We have also taken this opportunity to discuss the case with our clients who have indicated that they may be willing to accept a sum less that the full balance due if this will enable the case to be concluded in the short term also avoiding the need for further legal proceeding. We therefore look forward to receiving your proposals for dealing with the outstanding balance.

 

-----------------------END-----------------------

 

 

 

Ok so i will scan up the enclosed documents later this is evening ..... watch this space!

 

 

so i think i now need to submit my defense? - although they do mention this has been put on hold .

 

 

 

Thanks for reading, i am keen to hear caggers input.

 

Kind Regards

 

 

Penfolds

[Jasper1965]

4. The Default Notice was sent to you on 26 September 2008. A reconstituted copy is enclosed.

 

5. The Termination Notice was sent to you on 10 October 2008. A reconstituted copy is enclosed.

 

 

30 days hath September ergo if it was sent on the 26th sept and terminated on the 10th Oct they admit the DN to be faulty.

 

have you been prejudiced by this termination? Yes!!

 

Besides being deprived of the statutory period of notice in which to remedy matters you were prejudiced by the account being terminated, the bank refusing to deal with you or accept further payments under the original agreement, the marking of your credit files with the default prevented you from realistically being able to raise finance to settle this commitment from another source yada yada.

 

But what puzzles me is why the dn and tn's were sent in 2008 when you say it defaulted after approx 1 year and the account was purportedly assigned to a debt collector in 2003. What agreement exactly were they defaulting and terminating?

 

methinks this stinks.

Edited May 25, 2011 by Jasper1965

[Jasper1965]

hi dx,

 

thanks for your response, im not sure at all , i had a look at my credit report few months back and think i saw a payment in 2009, but i dont remember paying them, and not 100% sure that was for this debt

 

What does your crf say about this loan is it defaulted, if so from what date etc?

[Penfolds]

What does your crf say about this loan is it defaulted, if so from what date etc?

 

Hey Jasper many thanks for your response, i have cut and pasted minus the crendentials from equifax.

could it be a default from an arrangement to pay?

 

 

Name xxxxxxxx Date of Birth xxxxxx

Terms 0 @ £ 0 (Monthly) Status Defaulted

Current Balance £ 6,015 Start Balance £ 0

Credit Limit £ 0 Default / Delinquent Balance £ 6,065

Start Date 13/12/2001 Date Updated 07/12/2009

Date Last Delinquent Date Satisfied

Default Date 10/10/2008

Payment History

This table shows how you have kept your account over time, for infomation about individual months pass your mouse cursor over the coloured block

J F M A M J J A S O N D

2008 D

 

-------------END--------------

 

 

Ok there should be a D mark in oct 2008 which wouldnt copy...... no other dates present or past updates on my crf except the Oct 08 Default mark.

 

im in the process of scanning there reply as i type..... watch this space

[Penfolds]

Ok here is all the scanned docs

 

Lets see if got it right first time round? - Please let me know if anything should be removed from album.

 

 

Thanks Again!