wescot SPV/? claimform - old Golfish card ' *** Settled by Consent ***

[stubumbles]

Why would you regret acknowledging?

Because no one is advising on what to do after acknowledging.

 

Don't admit if you don't want to.

This seems to contradict your moral stance? I need help not callousness,

 

Lying and trying to deceive Claimants is not the way forward.

I agree but needed to find the right way to go IF I had any defence, as seems to have been the advice.

 

I don't propose to carry this on with you because you are obviously of no actual help or usefulness and just want to lecture from a supposed moral high ground just for the sake of augument and at a time when I am desperately low.

[veryweary]

Stubumbles

 

You're entitled to check Westcott have the legal paperwork for them to have payment of this agreement decided by a court. You need to write to the legal firm reperesenting Westcotts and say as this is now a court case you urgently require a copy of the CCA document , Default Notice, and Copy of Assignemnt. You're entitled to these documents to construct a defence together and they have 14 days to produce them. Send Westcotts a copy of this letter and send them by recorded delivery.

 

There are load of threads on here where Goldfish have been unable to produce copies of the CCA as they've been lost. They sold their accounts to Barclaycard a couple of years ago., and if Westcott bought your account back in 2002 they might be aunabl;e to get hold of a copy, as so much time has passed since it was sold.

 

Without it they will have a difficult time winning this case, unless you allow them to get it by default or admission. I think you can ask the court for more time to construct a defence if they dont produce it, and Westcott may actually withdraw their case. After all this time they are probably banking on winning this case by default. Meantime go over to the Legal section and start reading some threads on defences other people have written.

 

You can look for other Goldfish threads by using the search button on the top of the page. type in Goldfish and all the related threads will appear. Takes a bit of time but you'll get there.

[debbbbsy]

Hi,

 

You need to send the Solicitor ( Whose name is on the claim) a CPR 31.14).

 

This will force them to disclose all documents they rely upon to enforce the claim. They have 7 days to respond.

 

Now, when do you have to submit your defence. Don't miss this deadline, if you do they will get judgment by default. You can submit what is called an 'Embarassed Defence'.

 

Send the request ASAP, and send it special delivery.

[unclebulgaria67]

Just a technical point. The 31.14 request letter above is when the particulars of claim (POC) mention these documents. If the POC does not mention the documents, then it needs to be a part 18 request. This has always confused me, but I understand that if you send the wrong letter, it can be a problem.

[stubumbles]

Many thanks for the constructive help. I assume that the letter by debbbbsy would suffice as the POC states:

 

This claim is 680.00 being monies owing to the Claimant in respect of a credit agreement between Goldfish and the Defendant under account number xxxxxxxxx. The agreement was terminated as the Defendant failed to maintain the agreed terms. In accordance with 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 Claiment claims interest pursuant to section 69 of the County Court Act 1984 at the rate of 8% per annum from 10/11/2002 to 11/01/2012 totalling 496.00 and thereafter at a daily rate of 0.15 to date of judgement or sooner.

 

Sorry - I don't know how to make the title in bold?

 

I have acknowledged a claim from Northampton bulk on behalf of a DCA and am sending a CPR 31.14 the POC is as below but my questions are:

 

Is the CPR 31.14 the correct letter?

Is it normal & correct for them to claim more than 6-months interest? if not how do I dispute that?

My last payment to Goldfish was in 2001/2002 and to Wescot was in May 2007 so I assume there is no statute barred effect?

 

Many thanks for your answers in advance.

 

This claim is 680.00 being monies owing to the Claimant in respect of a credit agreement between Goldfish and the Defendant under account number xxxxxxxxx. The agreement was terminated as the Defendant failed to maintain the agreed terms. In accordance with 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 interesticon under this agreement to Wescot SPV Limited.

 

And the Claiment claims interest pursuant to section 69 of the county courticon Act 1984 at the rate of 8% per annum from 10/11/2002 to 11/01/2012 totalling 496.00 and thereafter at a daily rate of 0.15 to date of judgement or sooner.

[unclebulgaria67]

Yes I think the 31.14 letter should be ok.

[stubumbles]

Many many thanks ... just doing it now. Should I include the request for the default notice? They don't mention it in the POC although they do say that The agreement was terminated as the Defendant failed to maintain the agreed terms.

[unclebulgaria67]

yes I think so. If you failed to maintain agreed terms that means they had to issue a default notice.

[stubumbles]

Many thanks again. The claim was issued on 12th January and I did an online acknowledgement on the 25th ... I believe that this extends my time to 28 days (14th February?) Or do I have to apply for an extention ... if so, how? (Sorry to be so needy but am really new to all this.)

 

Apparantly a CPR 31.14 is correct but I still need help with:

 

Is it normal & correct for them to claim more than 6-months interest? if not how do I dispute that?

My last payment to Goldfish was in 2001/2002 and to Wescot was in May 2007 so I assume there is no statute barred effect?

[unclebulgaria67]

I think you now have 14 days from the date you acknowledged the claim, to get the defence in. Being that you have sent Wescot a letter asking for documents, you will need to wait a bit. If they don't supply them within say 10 days, I think you enter an embarrassed defence. This is basically saying that you sent Wescot a 31.14 request for documents relating to the POC and these have not been provided to enable you to prepare a defence.

 

This is not my area. Think you should alert the site team and get the thread moved to 'legal issues'.

[Isiris]

Not sure but I would imaginse they can only charge you interest from when they bought the title, not from its inception

[andydd]

Why do you mention the 6 month figure for interest ?

 

There is no law relating to 6 months, the stat barred law is 6 years, with some excpetions.

 

From what I can see they are trying to recover 10 years of interest which must be wrong.

 

Andy

[Guest]

.......From what I can see they are trying to recover 10 years of interest which must be wrong.

 

Andy

 

ditto. up to 1 years worth is the period generally considered to be reasonable. so, if it comes to it would object to 10 years worth.

[ims21]

Three threads meregd...all on the same issue

 

Pleas keep to one thread per issue

 

ims

[ims21]

Thread tidied and title changed to reflect the correct position (I Hope)

[andydd]

Many thanks again. The claim was issued on 12th January and I did an online acknowledgement on the 25th ... I believe that this extends my time to 28 days (14th February?) Or do I have to apply for an extention ... if so, how? (Sorry to be so needy but am really new to all this.)

 

12th + 14 days gives you till 26th but as you served acknowledgement, you get 28 days, I make that the 9th Feb, (14 full days not working days).

 

Incidently did you have to send your Acknowledgement to the new Salford Centre ?

 

Andy

[stubumbles]

Thanks for this. The acknowledgement was done online using Moneyclaim and, unless I'm mistaken, one gets 14 days from 5-days after the service date which is the 30th January but, as I served the acknowledgement it becomes 28-days therefore, 13th February?

 

Many thanks to ims21 for the 'clean-up' and retitle of the threads.

 

In aswer to another question by andydd , I did mix up the time of interest and the satute bar ... the question about interest was prompted by this:

the claim for interest is wrong as they can only claim 6 years interest, not the amount they are claiming as it is NOT a debt under seal (as is a mortgage), six years interest is also questionable.... there are other more clued up posters on this area who would be able to help.

Can anyone confirm that 1-year is the norm as Ford says and how I object???

 

Finally, many thanks again to unclebulgaria67 for his continued insight. It will be intersting to see what happens over the next 7 or 8-days.

 

Thank you everyone, I feel better now I've taken some action - maybe I'll sleep tonight!

[andydd]

I dont believe 1 year is the 'norm' for interest, someone can claim interest from the date the debt was owing, but the date is also limited by virtue of limitation act, so if they are going for a debt that is 6 years than they can claim 6 years of interest...however as pointed out when was the debt actually assigned to them ? (assuming it was)

 

Andy

[Guest]

the award of interest is discretionary. and can be argued against where there has been an unreasonable delay in bringing a claim. and in consideration of the circumstances. (there is authority on this, and re '1 year'). interestingly, as seen re some recent particulars posted on cag, where interest has been pleaded correctly they have included the 'up to 1 year'. in any event, it is worth arguing.

Edited January 28, 2012 by Ford

[stubumbles]

Re: interest. I assume it was assignd in 2002 because that was when I fell in arrears with Goldfish and Wescot say in the POC: And the Claiment claims interest pursuant to section 69 of the county court Act 1984 at the rate of 8% per annum from 10/11/2002 to 11/01/2012 totalling 496.00 and thereafter at a daily rate of 0.15 to date of judgement or sooner.

 

The last payment to Wescot that I can see on my bank statement was May 20th 2006 and Wescot say in a seperate letter to the claim form that they wrote to me on 31st March 2007 saying they would take legal action but I do not recall this letter.

[Guest]

generally, 9/10 years worth would be unreasonable imo. even 5 years worth.(where there has been no 'activity' eg). but, anyway, the awarding of interest would be applicable when there is judgment against re the principal sum. so, if there is judgment against and the issue of interest comes to be decided, then would argue against what they claim? could argue it before if required?

Edited January 28, 2012 by Ford

[dx100uk]

aren't wetcloths shooting themselves in the foot here?

if they are claiming int from 2002 [the last payment]

then why is the debt not SB'ed?

are they ignoring the 2006 one then?

 

or wrong end of stick dx?

dx

[andydd]

No..I thought that too !..

 

Andy

[AndyOrch]

aren't wetcloths shooting themselves in the foot here?

if they are claiming int from 2002 [the last payment]

then why is the debt not SB'ed?

are they ignoring the 2006 one then?

 

or wrong end of stick dx?

dx

 

" The last payment to Wescot that I can see on my bank statement was May 20th 2006 "

 

Not until May 2012 but the interest, if any, should only commence from the last missed payment.

 

Regards

 

Andy

[stubumbles]

Hi all.

 

I've been away all day but I have to say that the thought that was running through my head on a loop was ... If they charge interest from 2002 does that mean they're ignoring the payments that I made to them from 2002 to 2006 and in which case, whould it not be statute barred?

 

The CPR 31.14 went special today so they should sign for it tomorrow and I'll keep you posted as to what they send.

 

In the meantime, does anyone know if there is anyway that I can bring the issue of the interest into the defence?