We Fight any Claim Claimform - for PPI Fees

[peterjumpingjacks1]

Hi guys,

Never thought I would have to return for this but here goes and this is my wife who has received this;

 

We Fight Any Claim - Claimants

 

Solicitors are "Stephens Wilmot Limited"

 

PoC As typed on the form.

 

(1) - The Defendant became a client of the Claimant, for the Claimant's services in obtaining PPI redress and agreed to the Claimants terms of business by signing a Letter of Engagement (the contract) on 2nd June 2017.

(2) - The Claimant procured an offer of compensation from Barclaycard of £4,181.22 (the compensation) which the defendant accepted.

(3) - Under the Contract the Defendant still owes £1,212.55 being a sum equal to 29% including VAT of the compensation.

(4) - Under the Contract the claimant invoice are payable when the defendant receives the compensation.

(5) - The defendant has failed to make payment in settlement of the claimant's invoice. The Claimant claims interest under s69 of the County Courts Act 1984 at the rate of 8% a year from 18/08/2017 to 27/02/2019 on £1,212.55 and also interest at the same rate up to the date of judgement or earlier payment at a daily rate of £0.27.

 

I am about to acknowledge online and defend all to at least give us some time.

 

I know we wrote to We Fight any Claim back in 2017 as I did my own PPI claims and when we found that I was successful without having to pay out money to someone else - we wrote to cancel our accounts with We Fight and never heard a thing back from them until now.

 

There has been no pre court procedure or letters chasing or any kind of documentation from them.

 

We got our money from the various banks and enjoyed it. I still have a copy of the letters we both sent to We Fight.

 

Can someone pop on and give me a hand with this one please.

I promise it won't be as bad as the last one with my friend (shall he rest in peace).

 

Just to add a little more info as I have sourced the letters of cancellation we sent and they were sent on the 13th June 2017 (dated that same day) - sadly, it won't have been signed for post but they were never returned and all my envelopes are pre-printed with a business return address.

 

Thanks,

Pete

[dx100uk]

retitled for clarity and moved to Financial Legal legal forum.

can I clarify please....

she did this reclaim herself after you cancelled?

 

[peterjumpingjacks1]

Thanks DX. I actually did the work for her, she signed the letters sent and a couple of them went to the Ombudsman as well before settling. But in essence, yes, all of her own accord.

It looks like WFaC ignored the cancellation letter/s (I never signed a contract with them but they got two letters, one from my wife and one from me).

Oh and just to be clear for the thread, the claim has been AoS and Defend All.

Edited March 1, 2019 by peterjumpingjacks1

[dx100uk]

so in a nut shell you did everything. no involvement from them at all other than alerting you to the PPI being there?

when did you get the payment ?

[peterjumpingjacks1]

After the letter they sent which needed to be signed, we sent letters to cancel the agreement to their offices.

As I recall a payment was sent by cheque from Barclays at some point in August, WFaC have mentioned 18/08 and I would say that is about right for when it was received. We could get an exact date of it being banked being only 18 months back.

No, they did nothing at all as far as we know. We cancelled and never heard a single thing from them. I did all the leg work myself.

[AndyOrch]

Easily defended ...what date is on the claim form ?

 

Andy

[peterjumpingjacks1]

It was issued 28/02/19

[AndyOrch]

Defence is due 1st April ...very apt 

 

So you may need to get a CPR 31.14 off to them if you have not got copies of the following already...(marked in red)

 

(1) - The Defendant became a client of the Claimant, for the Claimant's services in obtaining PPI redress and agreed to the Claimants terms of business by signing a Letter of Engagement (the contract) on 2nd June 2017.

(2) - The Claimant procured an offer of compensation from Barclaycard of £4,181.22 (the compensation) which the defendant accepted.

(3) - Under the Contract the Defendant still owes £1,212.55 being a sum equal to 29% including VAT of the compensation.

 

Regards

Andy

[peterjumpingjacks1]

OK. Will do, thanks Andy and yes, April Fool... I wonder if I can make a fool of them.

[dx100uk]

well it's looking like they've done a pretty good job of that themselves without any help..

can I just clarify something?

did she sign any authority to act letters?

if so when.

ideally these firms are supposed to get people to sign these so they can approach creditors and AFAIK it can't simply be done online or by phone it has to be a signed letter returned to them?

[peterjumpingjacks1]

Yes, I believe at the time she did sign, I recall signing one too.

[peterjumpingjacks1]

This the CPR I have put together. Would you have a read over it as it's different from what I've done before so would be good to have another set of eyes on it please.

Cheers, Pete

 

Stephens Wilmot Limited                                                                                                                   

ADDRESS TO BE ADDED                              

 

02/03/2019


We Fight any Claim ‘v’ &&&&&&&&&&&&& - Case No: 88888888
 

CPR 31.14 Request

On 01/03/19 I received the Claim Form in this case issued by you out of the Northampton County Court Business Centre.

I confirm having returned my acknowledgement of service to the court in which I indicate my intention to contest all of your claim. 

Please treat this letter as my request made under CPR 31.14 for the disclosure and the production of a verified and legible copy of each of the following document(s) mentioned in your Particulars of Claim:

1: The true signed and dated original letter of engagement (the contract) on 02^nd June 2017.

2: The true signed and dated original letter of offer of compensation from Barclaycard of £4,181.22 (the compensation) which the defendant accepted.

3: A true signed and dated contract that documents the sum of £1,212.55 being a sum equal to 29% including VAT of the compensation.

Although your claim is for a sum which is not more than £10,000.00 and will in all likelihood be allocated to the small claims track for determination upon my delivering a defence, at this moment in time I have not delivered my defence and the case has not been allocated to a track. In consequence the provisions of CPR 27(2) are of no effect and you should not seek to avoid compliance with your CPR 31 duties by claiming otherwise.

You should ensure compliance with your CPR 31 duties and ensure that the document(s) I have requested are disclosed at your earliest convenience. Your CPR 31 duties extend to making a reasonable and proportionate search for the originals of the documents I have requested, the better for you to be able to verify the document's authenticity and to provide me with a legible copy. Further, where I have requested a copy of a document, the original of which is now in the possession of another person, you will have a right to possession of that document if you have mentioned it in your case. You must take immediate steps to recover and preserve it for the purpose of this case.

Where I have mentioned a document and there is in your possession more than one version of that same document owing to a modification, obliteration or other marking or feature, each version will be a separate document and you must provide a copy of each version of it to me. Your obligations extend to making a reasonable and proportionate search for any version(s) to include an obligation to recover and preserve such version(s) which are now in the possession of a third party.

In accordance with CPR 31.15(c) I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.

If you are unable to comply with this request and believe that you will never be able to comply with this request please confirm this in your response.

I remind you that the timescale for sending this information is 14 DAYS from the date of this letter.

[AndyOrch]

Yes thats correct

[peterjumpingjacks1]

Fabulous. I'll get it sent first thing tomorrow signed for.

[peterjumpingjacks1]

AoS has been rejected as I stupidly signed it instead of putting my wifes name. Note for everyone else, always put the claimants details in.

[AndyOrch]

Why are you signing forms and posting.....use the On Line Portal MCOL...no postage far more secure.

Instructions contained in the claim pack

[peterjumpingjacks1]

I did it online Andy, but not thinking I put my name in the bottom box where the defendant signs electronically. My mistake, unfortunately it can't be changed online so it will have to be signed manually and posted but it'll be in the first class tomorrow.

[AndyOrch]

Everything must be in the defendants name....from here on.

[peterjumpingjacks1]

Afternoon all,

 

First draft of defence, would someone have a wee look over it and cast any thoughts. I'm not sure about the part at (e)?

 

Feel free to be as honest and straight as usual...

 

Pete,

 

Particulars of claim for cross reference only

 

As typed on the form.

(1) - The Defendant became a client of the Claimant, for the Claimant's services in obtaining PPI redress and agreed to the Claimants terms of business by signing a Letter of Engagement (the contract) on 2nd June 2017.

(2) - The Claimant procured an offer of compensation from Barclaycard of £4,181.22 (the compensation) which the defendant accepted.

(3) - Under the Contract the Defendant still owes £1,212.55 being a sum equal to 29% including VAT of the compensation.

(4) - Under the Contract the claimant invoice are payable when the defendant receives the compensation.

(5) - The defendant has failed to make payment in settlement of the claimant's invoice. The Claimant claims interest under s69 of the County Courts Act 1984 at the rate of 8% a year from 18/08/2017 to 27/02/2019 on £1,212.55 and also interest at the same rate up to the date of judgement or earlier payment at a daily rate of £0.27.

 

Defence

 

 

"The Defendant accordingly sets out its case below and relies on CPR 16.5(3) in relation to any particular allegation to which a specific response has not been made.

 

(1)    The Defendant notes the opening sentence referring to the defendant becoming a client of the claimant.

(2)    The Defendant accepts that a compensation award was received directly from BarclayCard but not due to any involvement from the claimant

(3)    The Claimant alleges that a sum of £1,215.55 is owed. This is denied.

(4)    The Defendant denies any contract exists between the claimant and defendant and sets out the defence below.

 

The Defendant denies owing any monies to the Claimant or interest pursuant to the County Courts Act 1984.

 

The Defendant is unaware of what account or contract the Claimant now refers having failed to particularise it’s claim.

The defendant denies owing any monies to the Claimant and the Claimant is put to strict proof to:

 

(a)    Disclose how the Defendant has entered into a legal signed agreement with the Claimant on 02^nd June 2017; and

 

(b)    Disclose how the Defendant has reached the amount claimed by providing all receipts, letters, contracts and documents that document the time spent on alleged claim; and

 

(c)    Disclose the true, signed and dated letter of offer from Barclaycard of £4,181.22;

 

(d)    Disclose how the Claimant has the legal right, either under statute or equity to issue a claim;

 

(e)    The Defendant and husband wrote to the Claimant on 13^th June 2017 cancelling all contracts between them. This was via Royal Mail and deemed delivered as the letters were not returned. This was within the 14 day “cooling off” period, defined within the Claimants own contract.

 

(f)      The Defendant pursued BarclayCard and other previous lenders and obtained PPI Redress directly.

 

(g)    On receipt of this claim the Defendant requested by way of CPR31.14 request for copies of any documents referred to within the Claimants particulars to establish what the claim is for within the 14 day period by way of signed for letter. To date they have failed to comply with the CPR31.14 request.

 

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

 

The Claimant has not complied with paragraph 3 of the Pre Action Protocol. Failed to serve a letter of claim, pre-claim pursuant to PAPDC changes of the 1st October 2017 and made claim with no attempt to ascertain facts or settle the matter before court action. It is respectfully requested that the court take this into consideration pursuant to 7.1 PAPDC.

 

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."

[AndyOrch]

Fine Peter although I have changed " Show " to " Disclose " and amended (2)    The Defendant accepts that a compensation award was received directly from BarclayCard but not due to any involvement from the claimant

 

Andy

[peterjumpingjacks1]

Thanks Andy.

[peterjumpingjacks1]

Update - Defence submitted online Wed 27 March 19

 

 

Form N180 Directions received received today. Filled in for mediation and served on all parties today. We Fight tried calling my wife yesterday, she couldn't answer but they text asking to speak to her about her defence before they submit their directions. Pretty much verbatim - I said not to take any calls from them or phone them until I've been back here. Good idea to get in touch do you think or leave it as is and see what comes out of the mediation?

[dx100uk]

No writing only

[peterjumpingjacks1]

We've just got back from Holiday and found a letter from them with the heading "Re: YOUR COMPENSATION".

 

They have included letters of authority for my wife and also myself (bizarrely) for us to sign and return in their pre-paid envelope.

 

They haven't sent anything in relation to the CPR Request!! This doesn't appear to have come from the solicitor dealing with it as there is no letter included with the usual rubbish most of them write.

 

I'm wondering if they may be struggling to actually find a signed copy and trying it on... Hence to say, we won't be signing them and returning anything.

 

Also, they haven't even included Barclays as one of the creditors... How odd.