Nelson Guest/Wescot County Court Claim ***discontinued with wasted costs ***

[Jockey99]

Hello

 

I have today received a Claim Form from Northampton CC filed by Nelson Guest on behalf of Westcot SPV.

 

I had maintained my account with Westcot, previously Goldfish ( last made a payment on 18th June 2011 for my agreed amount of £21.22 per month) but due to really bad time at the moment have not paid anything for July. The total debt is for £9975.52 and the claim is for this plus £190 court fee and £100 costs. Plus they are adding statutory interest from 10th June at 8% per annum.

 

The last correspondence I had prior to the court letter was dated 7th June 2011 stating I had not agreed or maintained an acceptable repayment plan. Acting on this I paid the £21.22 and expected to hear no more and didn't until the court letter appeared today!

 

I have replied to the court stating I am disputing the whole of the claim and sent a letter to Nelson Guest requesting copy of CCA etc.

 

Am I right that they must rely on the CCA for the cout to enforce the debt and that they should have attached a copy to the claim form? Or do they merely have to produce it in court?

 

I have effectively 28 days to lodge a defence as I sent the acknowledgement of service today. If no CCA is forthcoming can they still proceed?

 

Any advice/comments from anyone who has been in the same situation or helped soemeone in such would be most appreciated.

 

Many thanks

[rebel11]

Hi Jock

 

Others will advise, you need to keep on top of this, don't leave things to the last minute.

 

Have you been mis-sold PPI on this account or have you got any Penalty Charges on this account?

 

Heres some further reading, don't act on it until experienced Caggers advise: -http://www.consumerwiki.co.uk/index.php/DCA:_Using_CPR_31.14_to_Your_Advantage

 

Can you scan, post the Claim removing all personal details and ref numbers.

 

Thread moved. You need to find good reasons to defend the claim.

[Jockey99]

Hi Rebel, thank you for your swift reply.

 

No PPI, not sure re other charges applied, seems to have been with Wescot for ever.

 

Have inserted the claim form as you suggested.

 

 

Does appear a little small, the particulars of claim read:

 

The claim is 9904.42 being monies owed to the Claimant in respect of a credit agreement between Goldfish and the Defendant under account number xxxxxxxxxx. The agreement was terminated as the Defendant failed to maintain the agreed terms. In accordance with the pre-action protocols the Claimant has attempted to contact the Defendant and agree a repayment plan. The Defendant has failed to respond or maintain a suitable arrangement. Goldfish has sold and assigned all rights, title and interest, under this agreement to Wescot SPV Limited.

And the Claimant claims interest pursuant to section 69 of the County Court Act 1984 at the rate of 8% per annum from 10/06/2011 to 14/07/2011 totalling 71.30 and thereafter at a daily rate of 2.17 to date of Judgement or sooner.

 

Having read previous threads on such action I saw that a notice of assignment had to be sent recorded (at least signed for) delivery and thsi was certainly never received. The follwing is the letter I sent today to Nelson Guest along these lines:

 

Dear Sir,

 

Re: Wescot SPV Limited v Mr – Claim number xxxxxxx

CPR 31.14 Request

 

Today, 20th July 2011, I received the Claim Form in this case issued by you out of the Northampton County Court.

 

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 the credit agreement mentioned in your Particulars of Claim:

 

An original signed copy of 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.

 

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 look forward to hearing from you.

 

Yours faithfully,

I hope I have done the right thing here but did panic!

 

Thanks again

County Court claim form.pdf

[citizenB]

You can also ask for a copy of the assignment within that CPR31.14 request along with the default notice as they mention both.

 

You can also ask for a statement of account showing how the balance requested has been arrived at.

 

Are you saying you had a payment plan in place and only missed one payment ?

[42man]

Within the CPR31.14 you should also ask for the termination notice

[Jockey99]

Thanks, Citizen and 42man, I will send further letter today requesting additional information. Looking at my bank statements I was totally up to date in January, missed February and March, made payment in April, missed May and paid in June. So when they issued was I suppose 2 months in arrears but does seem a bit harsh! With the impending court case I assume I should make no further payments?

 

J

[citizenB]

I agree it does seem rather harsh, what were the terms of the repayment plan?

[Jockey99]

Second letter sent requesting more documentation. I they do not respond by the time I need to file a defence can I ask the case to be struck out as they have not supplied them?

To answer your question Citizen, I was paying a fixed amount each month by S/O but lost job at end of last year so cancelled and tried to pay ad hoc as per previous post (basically reacted to threatening letters) I had only missed 2 payments in total prior to their action so was taken aback somewhat!

 

J

[Jockey99]

Hello all. Quick update. I have received an acknowledgement of my second letter requesting notice of assignment etc but nothing regarding first letter asking for CCA. Letter was on Wescot paper while my letters were addressed to Nelson Guest. Obviously these are the same people. As they received my letter by the 1st of August (this was the date they put on their letter) what should I do if no information is forthcoming within the 7 days stipulated in my request letters? Should I file a defence based upon non-disclosure or can I apply for the case to be struck out for the same reason? As always any help much appreciated and thank you in advance.

 

J

[citizenB]

Nelson Guest are a "Solicitor letter head for hire". What ever you send to NG will end up on the desk of a Wescott Employee.

 

I have attached a pdf for you.. please read it carefully as it shows how you can ask for information etc.

 

Can you please let me know the date of issue on your claim form so we can keep on top of your timeline ?

 

 

[ATTACH=CONFIG]29379[/ATTACH]

 

If you have any questions, please yell.

[Jockey99]

Thanks, Citizen.

 

The issue date was 14th July so I assume the date of service was 19th July. The 28th day will be 16th August so I need my defence filed by then.

 

I read the attachment you kindly placed and it appears I can agree an extension of this if I do not receive the requested documentation from Wescot by the 8th ie tomorrow. I will let you know if anything appears (or not) tomorrow,

 

Thanks.

 

J

[citizenB]

Yes, if you dont receive the information you requested by the date you want it, then you MUST get your request for more time swiftly.

 

Let us know if it doesnt arrive by tomorrow .

[Jockey99]

Hi Citizen et al. Postman been but nothing from Westcot. Should I ring them as per the advice in the guidance you gave me?

 

Thank you again.

 

J

[citizenB]

Yes, ring them and ask if they are going to respond to your CPR31.14 and when. Then ask them to agree to extra time by way of CPR15.5. They need to confirm any agreed time in writing. You are then obliged to write to the court with the confirmation.

 

If they are neither going to respond to your CPR request nor agree to extra time, then you are going to have to apply to the court for both the extra time and an order for them to disclose.

 

It is the solicitor you need to contact.. You need to speak to the File handler on your case. Do not get invovled in any other issues other than your CPR request and the extra time.

 

HTH

[Jockey99]

Hi Again

 

Tried to get through to Nelson Guest on their direct ine but told they don't deal with this and passed to Wescot. Spoke to a Steve L who did not seem able to pass me to actual claim handler - he [layed piggy in the middle despite me asking to speak directly to whomever is dealing with this. Their stance is that they WILL NOT allow an extension and that I should file a defence by the deadline. I of course said cannot draft a defence without all information. He insisted that they would not allow the extension. Should I write to the court explaining this with defence along the lines of cannot defend on a no show of documents referred to in particulars of claim or must I apply for extension and disclosure (presumably at a cost)?

 

Many thanks.

 

J

[Jockey99]

Oh quick point, Steve confirmed that conversation was recorded.

 

J

[42man]

You could also apply for a strike out due to non compliance with the CPR31.14 !!

[AndyOrch]

Hi Jockey

 

Follow this process hopefully you will have the same out come.:-Arrow / FV-1 inc / Court Claim *Case Discontinued**

 

Regards

 

Andy

[Jockey99]

Thanks, Andy. What is the process to apply to have the case struck out? Do I use N244? Or should I just read the thread you've given me??!

 

J

[AndyOrch]

Read the thread its all there.

 

Andy

[citizenB]

That is good they recorded the call, Jockey.. you can ask for that to be put in evidence

[Jockey99]

Hi guys

 

Thanks from the bottom of my heart for your help so far. I have drafted what I should put in box 3 of the N244 form and would welcome any suggested amendments or if you think it is ok as is.

 

An order that unless within 14 days of the making of an order upon this application the Claimant complies with requests made by the Defendant on 20th July 2011 and 21st July 2011 pursuant to CPR 31.14 by the provision to the Defendant of documents mentioned in the Particulars of Claim, namely [1] the agreement [2] the assignment, the claim shall stand struck out and the Defendant shall be at liberty to enter judgment against the Claimant without further order of the court with the costs of this case to be paid by the Claimant to the Defendant to be assessed on the standard basis and pursuant to the provisions of The Litigants in Person (Costs and Expenses) Act 1975.

The application is made because of the Claimant's refusal to comply with the Defendant's CPR 31.14 request and the documents are required to enable the proper preparation of a Defence.

On 20th and 21st July 2001, following service of the Claim Form in this case, the Defendant wrote to the Claimant requesting inspection of documents mentioned in the Particulars of Claim pursuant to CPR 31.14. A copy of these letters of request are attached to this Form and marked “A” and “B”

The Claimant replied by letter dated 1st August 2011 acknowledging the letter of 21st July and informing the Defendant that they would be in contact in due course. No such contact from the Claimant has been forthcoming.

A copy of this reply is attached to this application notice marked “C”.

On 8th August 2011 the Defendant telephoned the Claimant, Westcot SPV Limited to ascertain when the aforementioned documents would be available. The Claimant’s employee, Mr Steve (SURNAME REMOVED), referred with a colleague and informed the Defendant that the documents were unavailable at this time. The Defendant requested that the Claimant grant the Defendant a further 28 days for the production of the aforementioned documents in order for him to prepare a defence. This request was refused by the Claimant in the person of Mr (SURNAME REMOVED) who stated that the Defendant should issue a defence without the aforementioned documents. The Defendant asked Mr (SURNAME REMOVED)whether the telephone conversation was being recorded and Mr (SURNAME REMOVED) confirmed that it was.

The documents sought by my request are essential for the proper preparation of my defence and the determination of the claim and CPR 31.14 afford me a right to inspect those documents.

Also (sorry to be a pain), in Citizen's guidance notes he refers to a separate document to be aattached to the application notice and the content is below. My one question on this is what dates should I enter ( 1st line and 2nd to last para)?

 

Claim No:

Draft Order

[1] Unless by 4:00pm on (date) the Claimant complies with requests made by the Defendant on 20th July 20011 and 21st July 2011 pursuant to CPR 31.14 by the provision to the Defendant of documents mentioned in the Particulars of Claim, namely ,[1] the agreement [2] the assignment, the claim shall stand struck out and the Defendant shall be at liberty to enter judgment against the Claimant without further order of the court, and

[2] the Claimant shall pay the Defendant his/her costs of this case to be assessed on the standard basis and pursuant to the provisions of The Litigants in Person (Costs and Expenses) Act 1975.

In the event that the Claimant shall comply with this order,

the Defendant shall file and serve a Defence by 4:00pm on (date) and

[ii] the Claimant shall pay the Defendant his costs of this application [in any event]

[assessed in the sum of £130.00]

 

Thanks again.

 

J

Edited November 6, 2013 by alanfromderby

[Jockey99]

Sorry one more thing, should I file a defence now as the deadline is next Tuesday?

 

J

[AndyOrch]

Hi guys

 

Thanks from the bottom of my heart for your help so far. I have drafted what I should put in box 3 of the N244 form and would welcome any suggested amendments or if you think it is ok as is.

 

An order that unless within 14 days of the making of an order upon this application the Claimant complies with requests made by the Defendant on 20th July 2011 and 21st July 2011 pursuant to CPR 31.14 by the provision to the Defendant of documents mentioned in the Particulars of Claim, namely [1] the agreement [2] the assignment, the claim shall stand struck out and the Defendant shall be at liberty to enter judgment against the Claimant without further order of the court with the costs of this case to be paid by the Claimant to the Defendant to be assessed on the standard basis and pursuant to the provisions of The Litigants in Person (Costs and Expenses) Act 1975.

What about your request for extension CPR 15 and the claimants refusal?

 

The above is the Order requested

 

The application is made because of the Claimant's refusal to comply with the Defendant's CPR 31.14 request and the documents are required to enable the proper preparation of a Defence.

On 20th and 21st July 2001, following service of the Claim Form in this case, the Defendant wrote to the Claimant requesting inspection of documents mentioned in the Particulars of Claim pursuant to CPR 31.14. A copy of these letters of request are attached to this Form and marked “A” and “B”

The Claimant replied by letter dated 1st August 2011 acknowledging the letter of 21st July and informing the Defendant that they would be in contact in due course. No such contact from the Claimant has been forthcoming.

A copy of this reply is attached to this application notice marked “C”.

On 8th August 2011 the Defendant telephoned the Claimant, Westcot SPV Limited to ascertain when the aforementioned documents would be available. The Claimant’s employee, Mr Steve (SURNAME REMOVED), referred with a colleague and informed the Defendant that the documents were unavailable at this time. The Defendant requested that the Claimant grant the Defendant a further 28 days for the production of the aforementioned documents in order for him to prepare a defence. This request was refused by the Claimant in the person of Mr (SURNAME REMOVED) who stated that the Defendant should issue a defence without the aforementioned documents. The Defendant asked Mr (SURNAME REMOVED) whether the telephone conversation was being recorded and Mr (SURNAME REMOVED) confirmed that it was.

The documents sought by my request are essential for the proper preparation of my defence and the determination of the claim and CPR 31.14 afford me a right to inspect those documents.

 

Also (sorry to be a pain), in Citizen's guidance notes he refers to a separate document to be aattached to the application notice and the content is below. My one question on this is what dates should I enter ( 1st line and 2nd to last para)?

 

The above is more like a defence (save for your defence)

 

Claim No:

Draft Order

[1] Unless by 4:00pm on (date) the Claimant complies with requests made by the Defendant on 20th July 20011 and 21st July 2011 pursuant to CPR 31.14 by the provision to the Defendant of documents mentioned in the Particulars of Claim, namely ,[1] the agreement [2] the assignment, the claim shall stand struck out and the Defendant shall be at liberty to enter judgment against the Claimant without further order of the court, and

[2] the Claimant shall pay the Defendant his/her costs of this case to be assessed on the standard basis and pursuant to the provisions of The Litigants in Person (Costs and Expenses) Act 1975.

In the event that the Claimant shall comply with this order,

the Defendant shall file and serve a Defence by 4:00pm on (date) and

[ii] the Claimant shall pay the Defendant his costs of this application [in any event]

[assessed in the sum of £130.00]

 

Attach the above as a Draft Order

 

 

Thanks again.

 

 

J

 

Regards

 

Andy

Edited November 6, 2013 by alanfromderby

[AndyOrch]

Sorry one more thing, should I file a defence now as the deadline is next Tuesday?

 

J

 

No wait until near the deadline so you can check if your application is processed or the Claimant discontinues.

Andy