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ME III/? claimform - Argos Credit Card 'debt'


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Hi everyone,

 

As you can probably see I am a new member and really need all the help and advice I can get.

 

I was sent a claim form for Northampton regarding a debt I have no knowledge of and believe I do not owe.

 

Before Christmas I replied to the court with an acknowledgement of service and stated I intend to defend the whole claim.

 

At the same time I sent the claimant the two letters copied below, recorded post.

 

[removed - dx]

 

 

 

So as you can see these letters need a response by the end of this week and so I would appreciate any help and advice on how to respond. In honesty I found similar threads here and used templates for my original letters.

 

Obviously the reply to these letters needs to be tailored and I have seen so many helpful posts here I am hoping some of you can be of assistance. If you need any further information I will be happy to provide, it's like a cloud over my head at present.

 

Thanks in advance

 

Amber

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Unless i have missed it, you have not yet sent the important statutory request to the current debt owner

i.e a CCA request. You need to do this urgently.

 

Because it is a statutory request, you can use this in defence to say it is outstanding.

The CPR letter is a civil request and once the claim is continued, they would provide documents or evidence to support their claim.

 

You are working with the court timetable and therefore the 7 days given by the claimants Sols is not relevant.

 

The response to your letters is standard.

But you should take advice, after providing more info, so you know what you can say in your defence.

 

Read this thread

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-December-2014**(1-Viewing)-nbsp

 

In the first post to the thread are questions. Can you copy across the questions to this thread and provide answers.

We could do with some help from you.

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Hi amber, keep in mind that it is they who have issued a claim against you and not the other way around.

If they have issued the claim then it is fir them to ensure they have the correct documents to enforce any such claim.

 

It looks like you have done a good job so far, you have asked for documents under cpr 31-14,

if they dont supply any proof if debt your defence is simply no paperwork/holding.

 

You have ack'd the claim,

you could inform the court of the extension agreement but thats really about it for now.

 

Im sure the team will advise if anything further is needed to be done.

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Thanks uncle,

I have drafted a CCA request using the template here and will be sending today along with my £1 PO.

HOw do I now respond to the claimant's letters?

They also mentioned I need to notify the court of the extension of 28 days.

I really feel out of my depth here!!

 

Name of the Claimant ? ME III limited

 

Date of issue – . 14th December 2015

 

Date to submit defence = by 4pm Friday 15th jan

 

What is the claim for –

 

'By an agreement between home retail group card services limited and the defendant on or around 20/06/2010 ('the agreement')

home retail group card services limited T/A H agreed to issue the defendant with a credit card.

the defendant failed to make the minimum payments due and the agreement was terminated.

the agreement was assigned to the claimant.

the claimant therefore claims £1274.52.'

 

What is the value of the claim? £1274.52

 

Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? credit account

When did you enter into the original agreement before or after 2007? after around 20/06/2010 according to particulars

 

Has the claim been issued by the original creditor

 

 

or was the account assigned and it is the Debt purchaser who has issued the claim. ME III ltd

Were you aware the account had been assigned – did you receive a Notice of Assignment? not to my knowledge

Did you receive a Default Notice from the original creditor? no

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? no

Why did you cease payments? no payments made

 

What was the date of your last payment? no payments have been made

Was there a dispute with the original creditor that remains unresolved? no

Did you communicate any financial problems to the original creditor

and make any attempt to enter into a debt management plan? no

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Agree to the extension in writing to the court under part 15.5(2) agreeing to an extension to file a defence, just a short letter will suffice with relevant case number etc

 

I noted they said in the letter that you "may" have already inspected certain documents etc, i interpret that as they havent got them and are trying to phish to see what you have, dont disclose until you have to as per court directions, they are claiming from you, dont make it easy for them by doing their dirty work

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

I am not legally trained or qualified, any advice i offer is gleaned from experience and general knowledge, if you are still unsure after receiving advice please seek legal advice.

 

 

 

GEMHL Settled

Barclaycard Settled

A & L SETTLED IN FULL :lol:

Spml Reluctantly withdrawn

Blackhorse pre 31-7-06 Demand removal sent 23 8 06. ICO ordered removal jan 2007....REMOVED:lol:

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Thank you Martin I will write a letter to the court agreeing to the extension today.

 

I also note that the claimants wish me to clarify which documents I would like copies of . Should I just resend my original CPR 31.14 request letter adding a paragraph at the start to say I have received no documents relating to the debt and wish the claimants to provide them in full?

 

Thanks to you all

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sorry but I question why agree to the extension

only gives them more time to magic up paperwork.

 

 

file the no paperwork/holding defence on time .

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Wha on earth have you been reading?

 

Get the cca request sent today

 

Don't miss the original filing date, but post up your proposed def for checking first

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EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

 

 

Any help I am able to give is from my own experience only. Should you have any doubt you should contact a qualified professional.

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thanks theoldrouge, as you can probably see I have never had to deal with courts before. The CCA is being sent today. should I agree to the extension or file a defence for no paperwork etc?

 

I have been looking at similar cases, would this defence be acceptable?

 

Particulars of Claim

 

1.By an agreement between home retail group card services limited and the defendant on or around 20/06/2010 ('the agreement')

home retail group card services limited T/A H agreed to issue the defendant with a credit card.

 

2.The defendant failed to make the minimum payments due and the agreement was terminated.

 

3.The agreement was assigned to the claimant.

 

 

Proposed Defence

 

The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.

 

1. Paragraph 1 is denied with regards to the Defendant owing any monies to the Claimant. The claimant has failed to provide any evidence of agreement/contract/breach as requested by CPR 31.14 and a Section 78 request.

 

Therefore the Claimant is put to strict proof to:

(a) show how the Defendant has entered into an agreement/contract with the Claimant; and

(b) show how the Defendant has reached the amount claimed for; and

© show how the Claimant has the legal right, either under statute or equity to issue a claim.

 

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

 

4. On the alternative, if the Claimant is an assignee of a debt, 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.

 

5. On the 22nd December 2015 I made a legal request by way of a section 78 and CPR 31.14 request to the Claimant. The Claimant has not yet produced the requested documents therefore I am currently unable to fully defend this claim.

 

6. 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

Edited by Andyorch
Particulars of claim added for cross reference.
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Your top priority today is the cca request,

 

You can file your defence nearer jan 15, when andyorch has checked it

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

 

 

Any help I am able to give is from my own experience only. Should you have any doubt you should contact a qualified professional.

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I have removed your letters as they serve no real purpose to be showing.

 

this will be an argos credit card I would guess

 

have you moved in recent years?

is this your debt?

have you checked your credit file?

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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I have removed your letters as they serve no real purpose to be showing.

 

this will be an argos credit card I would guess

 

have you moved in recent years?

is this your debt?

have you checked your credit file?

 

dx

 

Hi dx,

 

I haven't moved in recent years and this is not a debt I believe I have ever had.

 

 

I have had no prior correspondence etc and no I can't say I have checked my credit file although will be following this whole escapade.

 

I have also sent off the CCA letter today. Any advice on how to proceed would be grately appreciated.

 

Thanks again,

Amber

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Let it run for now

 

Go get that credit file

 

Info gathering time

 

Dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

thanks theoldrouge, as you can probably see I have never had to deal with courts before. The CCA is being sent today. should I agree to the extension or file a defence for no paperwork etc?

 

I have been looking at similar cases, would this defence be acceptable?

 

Particulars of Claim

 

1.By an agreement between home retail group card services limited and the defendant on or around 20/06/2010 ('the agreement')

home retail group card services limited T/A H agreed to issue the defendant with a credit card.

 

2.The defendant failed to make the minimum payments due and the agreement was terminated.

 

3.The agreement was assigned to the claimant.

 

 

 

Proposed Defence

 

The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.

 

1. Paragraph 1 is denied with regards to the Defendant owing any monies to the Claimant. The claimant has failed to provide any evidence of agreement/contract/breach as requested by CPR 31.14 and a Section 78 request.

 

Therefore the Claimant is put to strict proof to:

(a) show how the Defendant has entered into an agreement/contract with the Claimant; and

(b) show how the Defendant has reached the amount claimed for; and

© show how the Claimant has the legal right, either under statute or equity to issue a claim.

 

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

 

4. On the alternative, if the Claimant is an assignee of a debt, 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.

 

5. On the 22nd December 2015 I made a legal request by way of a section 78 and CPR 31.14 request to the Claimant. The Claimant has not yet produced the requested documents therefore I am currently unable to fully defend this claim.

 

6. 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

 

Paragraph 1 is not acceptable nor a reason to deny the claim...the rest is fine once you deal with their 3 points of particulars with a justifiable response.

 

 

You need to revisit your defence as above.

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credit file?

 

so you've not moved since 2009 and you've never had an argos card?

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

Hi dx,

 

Sorry been doing some digging

I now know this is related to an argos card I had previously with a washing machine on a buy now pay 12 months later interest free,

back at the beginning of 2010 although the court papers say June.

 

After 6 months I began to be billed and had interest accumulate on the account

I disputed the whole card because of this (as it was 6months earlier than agreed at time of purchase)

 

 

after this, I never received any further correspondence from them, no payments were made or attempted to be taken.

As so much time had passed I assumed they had realised their mistake and never put two and two together with home retail group being argos.

 

Last week when you advised, I sent the CCA request to Me III and haven't yet received a reply.

 

I have to submit a defence or notify the court of the extension the claimants agreed to,

but I don't want to give them more time to produce paperwork if I don't have to.

 

I would really appreciate it anyone could advise me as to how to proceed.

 

Thanks once again

 

Amber

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you do not agree the extension so ignore that one.

 

so a slight change to you proposed defence is needed above.

 

something like

 

1 .Paragraph 1 is noted. I have had an agreement in the past with XXXXXXX but do not recognise the account number referred to by the claimant. etc ....

the rest of what you've written needs to ref their relevant paragraph number

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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