CCBC Claim received BW legal on current account that I didn't have

[Lilly_22]

Received letter from BRW Legal demanding payment on a current account.

 

I wrote back sayhing I have never had this account.

 

They never replied instead sent claim through CCBC for full amount plus costs and interest.

 

Form says Current account agreement regulated by the comsumer act 1974.

 

I have acknowledged the receipt of the claim.

 

What should I ask BW to provide or what can I.

[dx100uk]

type up the PoC exactly as it appears on the Claim form please

 

dx

[dx100uk]

basics are the same as your case here

http://www.consumeractiongroup.co.uk/forum/showthread.php?358420-Claim-form-Northampton-CCBC-from-Britannia-Recoveries.-sold-MBNA-card-debt-urgent-guidance-needed

 

there is NO CCA for current accounts so one mistake there already!

 

is this on your CRa file?

 

dx

[Lilly_22]

Thanks dx100uk.

 

The wording on POC is:

"The Claimant's claim for the sum of XXXX being the monies due from the defendant to the claimant

under the current accounts agreement regulated by the consumer credit act 1974

between the defendant and the 'bank name'

under account reference XXXXXXXXXXXXXXXXXXX

and assigned to the Claimant on dd/mm/.yy notice of which has been given to defendant.

 

The defendant failed to maintain the contractual payment under the term of agreement

and defailt notice has been served an not complied with.

 

The claim also includes statrutory interest of 8%...... .... from the date of assignment."

 

I don't know anything about CRa file.

Wouln't know where to get one from.

 

Sorry for being thick.

[dx100uk]

is that account number DEF a BANK ACCOUNT ?

 

cra files look below

 

noddle is free

 

dx

[dx100uk]

sorry links not working :

 

Credit Reference Agencies:Experian Equifax CallCredit noddle

there you go.

dx

[Lilly_22]

I don't know... it is 14 digit number. But, I have never held account in my name with this bank.

[dx100uk]

anything on the CRA file?

 

 

dx

[Lilly_22]

Didn't get anywhere with 'noddle'. It wanted details of credit/debit card and I don't have any. Apparently it needs these details to identify me.

[dx100uk]

.

citizenB has just replied to a thread you have subscribed to entitled - Help! - Natwest have instructed capquest -

large debt - in the Debt Collection Industry forum of The Consumer Forums.

.

This thread is located at:

http://www.consumeractiongroup.co.uk/forum/showthread.php?t=330724&goto=newpost

.

Here is the message that has just been posted:

***************

not all the creditors/dcas report to ALL of the CRAs.. so to obtain a full check, you really need to contact the 3

main players.

.

Company Secretary

Equifax Limited

Capital House

25 Chapel Street

London

NW1 5DS

.

 

Company Secretary

CallCredit Limited

1, Park Lane,

LEEDS

West Yorkshire

LS3 1EP

.

Company Secretary

Experian Limited

Talbot House

Talbot Street

Nottingham

NG80 1TH

 

.

You can either complete the forms online or send a letter (below) with a £2.00 postal order.

.

---Quote---

All of the three Credit reference agencies offer a paper version and they only cost £2

.

Noddle (who are part of CallCredit) off free online credit reports but as they are the smallest of the threee,

they may not have all the info

.

Experian paper app.

http://www.experian.co.uk/downloads/consumer/cfa.pdf

.

Call credit

http://www.callcredit.co.uk/media/53...itfile-app.pdf

.

Equifax

http://www.equifax.co.uk/Products/cr..._file_0310.pdf

.

Send with a £2 postal order.

.

You can use Experians online free trial. just make sure you cancel before the trial runs out

.

Address

.

Company Secretary

CallCredit Limited

1, Park Lane,

LEEDS

West Yorkshire

LS3 1EP

.

Dear Sir or Madam,

*Limited Data Subject Access Request

s9(2) The Data Protection Act 1998*

.

I hereby request a copy of my Statutory Credit Report, served under s9(2) of The Data Protection Act 1998.

.

I enclose the Statutory Fee of £2 paid via Postal Order, number: 123456.

For the purposes of confirming my identity, I can confirm the following details:

.

*My full name*:

.

*My Maiden Name: *

.

*My Date of Birth*:

.

*My current Address*:

.

I have lived at the above address for XX years.

.

I note that under s7(3) of the above Act, a data controller is not obliged to comply with a request under this

section unless he is supplied with such information as he may reasonably require in order to satisfy himself as to

the identity of the person making the request and to locate the information which that person seeks.

.

However, I feel the above information identifies me sufficiently to discharge your obligations to establish my

identity before posting my Credit Report.

.

I am aware that you have 7 Working Days to post the Credit Report to me, commencing the day after this s9(2)

Statutory Request has been delivered to your Company.

.

*This letter must not be regarded as granting your Company any Data Consent*.

.

Yours faithfully,

.

*Enclosures:

*1 x Statutory £2.00 Fee via Postal Order Number: 123456

.

*Notes*:this letter is being sent via Royal Mail Special Delivery service

---End Quote---

.

there is also

www.checkmyfile.com

.

....ends

.

[Lilly_22]

There is nothing on the credit file.

 

I sent letter asking them to provide documentation that validates their claim and

 

3 weeks later there has been no response.

 

What should I do next?

 

Any thoughts!!

[dx100uk]

opps I put you in the wrong forum

 

and advised you badly

didn't ensure you sent off a CPR or a CCA request

as they are claiming its an agreement regulated by the CCA in the POC

 

whats the date on the claimform top right please

 

dx

[AndyOrch]

Lilly did you do your acknowledgement of service vis a MCOL on time?

 

What date is the claim form dated?

 

Have you sent a Current Account CPR 31.14 request?

 

Regards

 

Andy

[Lilly_22]

YEs acknowledgement was sent on time.

 

Date on form is 25/01/2014.

 

Haven't done CPR 31.14 request - just asked for statements, agreements and assignments.

[dx100uk]

oh, so you've prob got a CCJ by default then.

 

you 'had' 33 days to put a defence in,

 

but you stated this thread with three days left to file

 

dx

[Lilly_22]

There is no CCJ.

 

I have written to them twice for any documentation they have and

 

so far they have not responded.

 

Still with CCBC Northampton.

 

What next???

 

My stand is not much I can do if they don't supply any dicumentation to substantiate their claim.

[dx100uk]

how do you know

 

have you phoned the court and asked?

 

dx

[dx100uk]

if they've not supplied the docs

that's a great defence

 

lots of threads here on that

[Lilly_22]

Thanks dx100uk. Do I need to fill any forms or just send standard defence statement?

 

Thanks in advance

[dx100uk]

ask andy

 

dx

[AndyOrch]

Hi lilly responding to your PM.

 

What do you require me to look at?

 

Regards

 

Andy

[Lilly_22]

I asked for documents... they did not reply and then I sent reminder... no reply. I want to submit defence that they have not supplied any docs to prove anything/dismiss/strikeout case. I wanted to ask you if this would go as defence statement or I need to fill a form etc. The claim is through CCBS Northampton.

[AndyOrch]

Edit to suit and complete your dates claimants CPR etc...

 

#####Defence Current Account example######

 

1. It is admitted with regards to the Defendant having use of a facility to overdraw with the original creditor XXXXXXXXXX Bank.

 

2. The defendant denies that the alleged amount was for finance service or goods but is as a result of unfair and extortionate bank charges/penalties being applied to the account.

 

3. I refute the claimants claim is owed or payable. The amount claimed consists totally of default penalties/charges levied on the account for alleged late, rejected or over limit payments. The court will be aware that these charge types and the recoverability thereof have been judicially declared to be susceptible to assessments of fairness under the Unfair Terms in Consumer Contracts Regulations 1999 The Office of Fair Trading v Abbey National PLC and others (2009). I will contend at trial that such charges are unfair and unjust in their entirety.

 

4. It is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the Consumer Credit Act 1974. The Claimant has yet to provide a copy of the Notice of Assignment its claim relies upon.

 

5. The claimant is denied from added section 69 interest within the total claimed as any interest would have continued to accrue and as yet to be decided at the courts discretion.

 

6. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.

 

The claimant is also put to strict proof to:-.

 

(a) Provide a copy agreement/facility arrangement along with the Terms and conditions at inception, that this claim is based on.

(b) Provide a copy of the Notice served under 76(1) and 98(1) of the CCA1974 Demand /Recall Notice and Notice of Assignment.

© Provide a breakdown of their excessive charging/fees levied to the account with justification.

(d) Show how the Claimant has reached the amount claimed.

(e) Show how the Claimant has the legal right, either under statute or equity to issue a claim.

(f) Show how they have complied with sections III & IV of Practice Direction - Pre-action Conduct.

 

7. On receipt of this claim I requested documentation by way of a CPR 31.14 request dated XX XXXXX 2014 namely the Agreement and Termination Demand Notice referred to in the claimants Particulars of Claim. The Claimant has failed to comply with this request.

 

By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

 

Regards

 

Andy

[Lilly_22]

Does the defence statement have o have wet ink signature or can we use electronic signature? Concerned by possibility of fraudulent use of wet ink signature.

 

Thanks, Lilly

[AndyOrch]

Neither if you are submitting it by MCOL...it does not require a statement of truth ...you tick a box.