Fictitious amount on claim form

[Surfer01]

I thought that if 6 years had passed since last payment, they could no longer enforce it?

[citizenB]

I thought that if 6 years had passed since last payment, they could no longer enforce it?

 

Correct, if there has been no acknowledgement or payment for 6 years in England and 5 in Scotland then the debt is statute barred.

[citizenB]

I have just looked at those figures again.. lol.. sorry.. I think they might just have added an extra '0'.. but I agree, it is very misleading and extremely scary !!

[DonkeyB]

They are having a laugh! A response to CPR is a legal requirement – they MUST comply. They clearly have no intention of sending you anything.

 

They have misunderstood the concept of providing their evidence so you can file a defence.

 

This is not a CCA request – there is no requirement for ANY fee – so they are talking crap.

 

You cannot properly file a defence without their compliance.

 

Here’s the instant reply you need:

 

Dear Tossers

 

I write with reference to your letter of XX Nov 2011.

 

Please note that it is a legal requirement for you to comply with my valid CPR 31 request. You clearly do not understand the legal protocols, judging by the content of your letter, which will be shown to the court. Further, as this is a CPR request and not a CCA request under section 78 of the CCA 1974, there is no fee payable.

 

You should be fully aware that I am entitled to sight of the documents on which you seek to rely in court in order to defend your claim.

 

Please supply the documents requested by return, failing which I shall be applying to the court for an order forcing you to disclose the documents requested. This cost will be borne by you if you fail to cooperate.

 

If you fail to respond to this letter within three days, or do not agree to a time extension in writing, I shall have no alternative but to seek such a court order.

 

Yours sincerely

 

Mad Bugger

[DonkeyB]

Weird...I posted this ages ago and it has just appeared... wtf?

[Surfer01]

They are having a laugh! A response to CPR is a legal requirement – they MUST comply. They clearly have no intention of sending you anything.

 

They have misunderstood the concept of providing their evidence so you can file a defence.

 

This is not a CCA request – there is no requirement for ANY fee – so they are talking crap.

 

You cannot properly file a defence without their compliance.

 

Here’s the instant reply you need:

 

Dear Tossers

 

I write with reference to your letter of XX Nov 2011.

 

Please note that it is a legal requirement for you to comply with my valid CPR 31 request. You clearly do not understand the legal protocols, judging by the content of your letter, which will be shown to the court. Further, as this is a CPR request and not a CCA request under section 78 of the CCA 1974, there is no fee payable.

 

You should be fully aware that I am entitled to sight of the documents on which you seek to rely in court in order to defend your claim.

 

Please supply the documents requested by return, failing which I shall be applying to the court for an order forcing you to disclose the documents requested. This cost will be borne by you if you fail to cooperate.

 

If you fail to respond to this letter within three days, or do not agree to a time extension in writing, I shall have no alternative but to seek such a court order.

 

Yours sincerely

 

Mad Bugger

 

Why bother if it is over 6 years since last payment as it would be statute barred?

[DonkeyB]

Because there is a court case to answer. Why should the OP be deprived the evidence he needs to disprove their case?

[citizenB]

Weird...I posted this ages ago and it has just appeared... wtf?

 

Very odd indeed!

[palemm]

I have just looked at those figures again.. lol.. sorry.. I think they might just have added an extra '0'.. but I agree, it is very misleading and extremely scary !!

 

I'm glad you noticed their mistake, I faxed the letter you posted regarding it taking 6 weeks to get the docs and I will call them tomorrow.

 

Truth being told I know that they can't have the so called credit agreement they base their claim on because as I've said before this is for an old current account that DID NOT have an overdraft it did in 2002 but that was cancelled in 2003 when I took out a loan.

 

Time will tell, I'll post what they say on the phone tomorrow but I've already got a N244 form ready (but not filled in) in case they will not comply.

 

Thanks to all who have posted Replies it releives the stress caused

[palemm]

The plot thickens after speaking to Fairfax regarding an extension of time, they have said it will take them up to 6 weeks to get the items in POC after querying this they said they are not in posseseion of the documents and they will suspend the court claim unitl they have them and then allow me 14 days after that to inspect them and do my defence, they also said I do not need to do anything as the court will not act without their say.

 

I've asked for this in writing so I can inform the Court myself.

[DonkeyB]

That’s a fib. They either withdraw the claim or it is stayed. It is NOT up to them to tell the court to wait – you can object. I would suggest you seek an unless order demanding the documents within 14 days. Anything else is highly prejudicial to you – they issued the claim, you demand finality. How on earth could they state their claim was honest when they did not have the facts to hand? Massive abuse of process.

[palemm]

I'll allow 2 days for the letter stating the extension, then I'm low on time so then what ?

[citizenB]

I agree with DonkeyB

 

This is an utter farce and it is simply not up to Fairfax to say what will happen.

 

If you dont receive the letter from them by Wednesday, then I think you need to think about entering a negative defence which will not look to good for them or to submit an application for disclosure and time.

 

When is D Day for the defence ?

[palemm]

Dead line is Tuesday next week 15th (I think) service day was 18th October so add 28 days.

 

Negative Defence ?

[DonkeyB]

You are unable to plead as the claimant has failed to comply with your request for documents mentioned in the claim. Your ‘defence’ would exhibit their letter of refusal to submit documents under CPR, and you would ask the court to order disclosure or strike out the claim, or at least to allow you to enter a defence when the documents are provided. We used to call it an ‘embarrassed’ defence, but that’s dangerous if not done properly.

[palemm]

You are unable to plead as the claimant has failed to comply with your request for documents mentioned in the claim. Your ‘defence’ would exhibit their letter of refusal to submit documents under CPR, and you would ask the court to order disclosure or strike out the claim, or at least to allow you to enter a defence when the documents are provided. We used to call it an ‘embarrassed’ defence, but that’s dangerous if not done properly.

 

Thanks again, if I do not receive the letter I will let you guys know on here and with your help I think I may have to go down the N244 route for extension of time and a disclosure of documents, I presume getting the N244 to them just before the deadline will be OK .

 

My take on all of this seems to be that they have put the claim against me with no real evidence hoping I would admit the claim thus them not having to show any proof of the claim, but as I'm defending they are now stalling to get a default judgement rather than reveal their hand (7 & 2 worse hand in poker).

[palemm]

You are unable to plead as the claimant has failed to comply with your request for documents mentioned in the claim. Your ‘defence’ would exhibit their letter of refusal to submit documents under CPR, and you would ask the court to order disclosure or strike out the claim, or at least to allow you to enter a defence when the documents are provided. We used to call it an ‘embarrassed’ defence, but that’s dangerous if not done properly.

 

Thanks again, if I do not receive the letter I will let you guys know on here and with your help I think I may have to go down the N244 route for extension of time and a disclosure of documents, I presume getting the N244 to them just before the deadline will be OK .

 

My take on all of this seems to be that they have put the claim against me with no real evidence hoping I would admit the claim thus them not having to show any proof of the claim, but as I'm defending they are now stalling to get a default judgement rather than reveal their hand (7 & 2 worst hand in poker).

[palemm]

New letter arrived here is what has been written.

 

"Further to our telephone conversation today, we confirm thst this matter will be placed on hold until we have provided you with documents you requested in your letter dated 29th October 2011 and you have had reasonable opportunity to respond"

 

Thoughts ?

Thanks

[DonkeyB]

I don’t think the court will accept an open-ended delay.

 

I think you’d be better off putting in a limited defence, to which they would have to respond in 28 days.

 

That will either make them move, or bring the stuff out of the woodwork.

 

The alternative is still to put in an N244, because that proposal is unreasonable, in my opinion. They should not have litigated without knowing the facts.

[citizenB]

So that letter is in response to your CPR15.5 request for more time ?

 

What type of solicitor is this Fairfax firm ?

 

When is your defence actually due to be submitted? Do you have time to make application for time and disclosure via N244 ?

[palemm]

So that letter is in response to your CPR15.5 request for more time ?

 

What type of solicitor is this Fairfax firm ?

 

When is your defence actually due to be submitted? Do you have time to make application for time and disclosure via N244 ?

 

Yes is this their response, no idea they are representing Arrow Global.

 

Deadline day 15th November

[DonkeyB]

What are the company name, address details etc on their letterhead?

[palemm]

Found at the bottom of the letter

 

Fairfax Solicitors Limited

Fairfax House

Merrion Street

Leeds

LS2 8BX

[DonkeyB]

Well, they should know the law as debt seems to be all they deal in.

 

The choice of what to do is yours.

[palemm]

Could I ring the court to see if the information I've been given is correct ?

 

I think the N244 is the only route I can take.