1st Stop Recoveries - Claimform old Uncle Buck PDL

[AndyOrch]

Okay so you need to file and serve that WS and disclosures tomorrow...don't worry abut it being a few days late...as the claimants have also missed it.

[shamrocker]

Bailey - could you expand a little on the history of the debt? I see you mentioned in an earlier post that the loan amount was £150 plus one month's interest - can you confirm/clarify? Did you have many dealings with this Uncle Buck outfit? It also says in your opening post, in response to the question about why you ceased making payments, that you don't believe any payments have been made at all - can you expand a bit on this for us?

 

Sham

[Bailey14117]

Just a thought - have you logged into MCOL and checked the status of the claim? It also may be worth phoning the court to ask if they've paid the court fee?

 

Hopefully Andyorch will pop in later and confirm the above.

 

Hi, I have just logged into MCOL and the last thing put on is my defence. I don't see anything relating to any correspondence from the claimant or if the fee has been paid. Would I be able to see that?

Is it worth me calling up the court tomorrow to ask?

[shamrocker]

Andy's advice is to get on with your disclosure. If you phone up and ask, there's always a chance they'll spot that you've not complied with directions. Just get the WS and other documents together and off to the claimant and court ASAP, then you can phone the court the day before the hearing to check that it's still going ahead. I have a good feeling they won't turn up, but you never know.

[Bailey14117]

Hi shamrocker,

 

Yes I do recall a loan taken with them. I don't remember when exactly though and have no paperwork from back then.

If I can remember rightly I think I had a loan/s with them previously maybe only 1/2 and paid them back no problem then I got into a hole with payday loans and borrowed the £150 and was unable to pay back. I don't have any paperwork to back this up.

I was in financial difficulty but I dont know if I discussed it with them or not.

I'm sorry I cannot be more specific but it was a horrendous time and I have tried to forget about it all.

I know now that's not the best thing to do but just trying to be honest and get it sorted now.

I have got the template thanks and will do my best with it now.

Thank you all so much.

I have also read the other thread and am going to use the cover letter for the court from it.

I wil also be able to hand deliver it to the court tomorrow.

[shamrocker]

Ok...thanks! Let's try to get this witness statement sorted first though.

 

I'll see if I can draft something up for you now.

[Bailey14117]

Ive managed to do the below, would you mind taking a look?

 

IN THE county court AT halifax CLAIM NO:

 

BETWEEN:

1st Recoveries Claimant

-and-

XXXXXXXXXXXXXXX Defendant

 

WITNESS STATEMANT OF MR XXXXXXX

 

I.Mr XXXXXXXX the defendant in this claim make the following statement believing it to be true will state as follows:-

 

1. It is admitted that I have had an account with Uncle Buck in the past, I believe the debt was sold onto 1st Stop Recoveries LTD. I am unsure of the dates the account were opened.

 

2.It is denied that I entered into an agreement with 1st Stop Recoveries at any point.

 

3. Any issue with repayment must be legally enforced by way of Notice served under Sections 76(1) and 98(1) of the CCA1974 to terminate and recall any lending’s which 1st Stop Recoveries failed to comply with.

 

4. The assignment must be absolute.

The rights to be assigned must be wholly ascertainable and must not relate to part only of a debt.

The assignment must be in writing and signed under hand by the assignor.

Notice of the assignment must be received by the other party or parties for the assignment to take effect.

 

Again it is denied any Notice of Assignment was ever received.

 

5. It is admitted on receipt of the claim form I did request information pursuant to CPR 31.14

 

Namely to show how I entered into an agreement

Show how the claimant quantified the amount claimed

Show and evidence service of Notice served under Sections 76(1) and 98(1)

And to show how the claimant has legal right either under statute or equity to issue a claim in their name

 

Given that at this stage the claim is trackless and not allocated, CPR 31.14 does apply and the claimant is required to comply to validate and assist in verifying its claim. Although it is a civil request the court expects parties to communicate to try to narrow any differences.

 

Given that the claimant readily issued a claim based on documentation referred to within their particulars one would assume that they would be more than happy to comply to prove that any claim is valid and therefore eradicating any need to defend or proceed to trial.

 

I understand that this avoidance can be sanctioned when the question of costs arise as deemed as being unreasonable.

 

My defence stated that the original Creditor failed to serve Notice under Sections 76(1) and 98(1) and are therefore prevented from enforcing or requesting any relief.

 

6. Neither the claimant nor its Witness are in a position to assume that anything has been previously provided, nor is it their concern. They the claimant in this matter and will have to disclose all documentation relied upon as the basis of their claim at trial.As per CPR 16.5(4) it is expected that the claimant prove the allegation that any money is owed.

 

7. It is in my opinion that the claimants claim is fanciful contains no proof, and uncorroborated. Totally unaware of the details of debt they have purchased and expecting judgment/relief be granted, relying on the court to base its decision on assumption and basis of probabilities.

 

It is therefore submitted that the claimants be ordered by the court to quantify ,verify, substantiate and disclose all evidence relied upon and should the claimant fail to that their claim be struck out under CPR 3.4 as having no basis.

 

I believe that the facts stated in this Witness Statement are true.

 

Signed ……………….

 

Dated on the day ………………..2015

[Bailey14117]

Thank you, I really want to get this right and try what I can myself, or at least attempt to. You're help is invaluable and want to try do my bit. As per above, it's probably completely wrong but please feel free to edit of you can.

[Bailey14117]

I have also drafted the disclosure Lost as below:

 

Claim no: ABC12345

In the xxxxxxxx county court

 

 

 

Claimant: xxxxxxxxxxxxxxxxxxxxxxxxx xx

 

v

Defendant: xxxxxxxxxxxxxxxxxxxxxxxxx

 

_________________________ _________________________ ______________________

STANDARD DISCLOSURE LIST

_________________________ _________________________ ______________________

 

List of documents to be disclosed by the claimant:

 

1. CCA S,77/78 request letter sent to 1st Stop Recoveries Ltd.

2. CPR 31:14 request sent to 1st Stop Recoveries Ltd.

3. Receipt of postage of the above two requests.

4. Witness Statement 1 of the claimant.

 

 

YOUR NAME

 

Signed: _________________________ _______

[shamrocker]

The above is great. I'm working on a WS for you as we speak.

 

They do not state an agreement/account reference in the particulars of claim. Therefore, what account number/reference did you use when sending the CCA request?

[Bailey14117]

Ah that's amazing thank you!

 

I used the county court claim reference.

[Bailey14117]

Also I referred to a Claimant reference number which was on the original county court letter.

[shamrocker]

Ok, great....that'll do for the purposes of showing that you tried to resolve the matter and they didn't respond.

 

I'm no expert on this stuff and any WS I write up will be far from perfect, but I can easily help you defeat a weak claim - while the claimant just tries to prey on your fear and ignorance of the process.

[Bailey14117]

Ok thank you.

 

I'm sure whatever you write up will be brilliant and far better than I could do!

 

That's exactly how I feel, and the amount of people that bury their heads in the sand in this situation and find it affects them for such a long time, it's just so sad! These companies are ridiculous!

[AndyOrch]

I think it may be worthwhile to check first thing if they have paid the hearing fee...before you go to the expense of posting your documents off..it wont jeopardise your position.

 

" It states on the letter that the claimant must pay £55 for the case to be heard and if not paid by 8th June 2016 the case would be thrown out! "

 

Apologies for interrupting your flow Shammy

 

Andy

[Bailey14117]

Thanks Andy I was considering that. So it would be a matter of calling up the court and asking of the payment has been made by the claimant by the 8th June?

If it hasn't been made does that mean it won't go ahead?

[AndyOrch]

8th June and not paid it should be struck out...which they will inform you of at the same time...if they have paid then you are prepared.

[Bailey14117]

Excellent I'll call them tomorrow. Thank you!

[shamrocker]

Cheers Andy, and no worries!

 

Here's my attempt. It's rather late after a long day, so my head is fried - therefore, it's pretty basic. It'll put across the main points to defeat them though. Check it over for any typos and change AA in the exhibits to your initials.

 

You'll need to put a copy of each exhibit after the statement with a cover page for each one - put the claim details at the top of the cover page and then Exhibit AA1, etc below.

 

Your disclosure list goes at the front. You need to send a copy off to the claimant (their solicitor, if they have once acting) and also to the Court.

 

Andy, feel free to offer some guidance or feedback.

 

-------------------------------------------------------------------------------------------

 

IN THE COUNTY COURT AT XXXXXXXXXXXXXXXXXX CLAIM NO:

 

BETWEEN:

XXXXXXXXXXXXXXXXXXXXXXXX (Claimant)

-and-

XXXXXXXXXXXXXXXXXXXXXXXX (Defendant)

 

WITNESS STATEMANT OF MR/MRS/MISS/MS XXXXXXX

 

1. I, Mr/Mrs/Miss/Ms XXXXXXXX, the defendant in this claim make the following statement believing it to be true will state as follows:-

 

2. I have had some dealings with the company Uncle Buck Ltd. some years ago and know it to be a ‘payday loans company’ offering quick credit on a short-term basis. I have no recollection of there being monies owed to this company by me. Therefore, I deny the amount being claimed.

 

3. It is denied that I had an agreement with Uncle Buck Ltd. The Claimant has not supported their claim with an account reference or commencement date, so as to assist myself with identifying any agreement allegedly entered into.

 

4. Upon receiving the claim form, I immediately sent a Consumer Credit Act s.77/78 request to the Claimant [Exhibit AA1]. I do not have an account or agreement number, so used the claim reference number instead. To date, I have not received a response from the Claimant. I have proof of postage [Exhibit AA2] and receipt by the Claimant [Exhibit AA3].

 

5. I also sent a separate CPR 31:14 request letter to the Claimant [Exhibit AA4], for the purposes of:

 

- to show how I had entered into an agreement; and

- to show how the Claimant quantified the amount claimed for; and

- to show that, in the event of a breach, a valid Default Notice was issued; and

- to show how the Claimant has legal right either under statute or equity to issue

a claim in their name

 

I have proof of posting the letter [Exhibit AA5] and also receipt by the claimant [Exhibit AA6]. I have not received a response from the Claimant.

 

It is therefore submitted that the claimants be ordered by the court to quantify, verify, substantiate and disclose all evidence relied upon and should the claimant fail to that their claim be struck out under CPR 3.4 as having no basis.

 

I believe that the facts stated in this Witness Statement are true.

 

Signed ……………….

 

Dated on the day ………………..2016

------------------------------------------------------------------------------------------------------

 

 

Obviously, follow Andy's advice of phoning the Court first.

 

Sham

[Bailey14117]

That's fab! Thank you! I really appreciate your time and effort at this time of night.

I'll call the court tomorrow and get it straight to them.

Will update you with what happens next.

Many thanks to you both once again.

[shamrocker]

Ok great. Obviously, if the court informs you that the fee was not paid and the claim is struck out, you don't need to do anything then. It's game over in that case. Fingers crossed!

 

Best of luck!

 

Sham

[AndyOrch]

Points 2 & 3 need addressing you cant admit to having some " dealings " in 2 and then state in 3 that it is denied you had an agreement with Uncle Buck...I would amend it to the following....

 

2. I do not recall ever having any contractual relationship with Uncle Buck Ltd, which I understand to be a ‘payday loans company’ offering quick credit on a short-term basis. I have no recollection of there being monies owed or outstanding to this company. Therefore, I deny the alleged amount claimed.

 

3.The Claimant has failed to particularise its pleadings sufficiently with an account reference or commencement date, so as to assist myself with identifying any agreement allegedly entered into.

 

Rest is fine.

 

Andy

[shamrocker]

Cheers Andy! That makes sense.

[Bailey14117]

Yes thank you, I'll get it edited.

[Bailey14117]

How about point 2 I say I am aware of the company named Uncke Buck Ltd, which I understand....

 

The rest as per you have put on point 2, then I am not denying I have used their products but am denying I owe monies?

 

What do you both think?