New Tricks From Citi?

[SHERLOCK]

Elizabeth,

 

I had very similar, not from citi though.

 

I am defending my court claim and Done both S.A.R. and CCA request as they didn't supply data that they were using for their claim.

 

sent letter below, and also copy to courts to place on file.

 

Dear Sir

 

In the XXXX County Court

(claimant) -v- (YOUR NAME)

Claim Number: (CLAIM NUMBER)

 

REQUEST FOR FURTHER INFORMATION

 

I have today filed the Acknowledgement of Service (copy attached) in order that I may file my Defence to these proceedings in due course. By my calculations this must be filed and served no later than 4.00pm on (28 days from the date you received the court claim). However, before doing so, I take the view that your pleadings are not entirely clear and as such, do not appear to disclose any reasonable cause of action against myself. Although this matter may be suitable for the Small Claims Track the purpose of this letter is to make a request for some additional information in order to fully understand your claim and how it is calculated.

 

I note in your pleadings that you are claiming (alleging) that an amount of £AMOUNT is ‘part of a debt due under an agreement number (AGREEMENT NUMBER)’, and also that I ‘agreed to pay the Claimant £(TOTAL)’ – however you do not provide details of how you have reached these amounts, nor any information, or a copy of this ‘agreement number (AGREEMENT NUMBER)’ you refer to.

 

In light of this, can you please provide me with the following:

• A true copy of the alleged agreement you refer to.
  
• How you calculate the sum of £(AMOUNT)
  
• How you calculate the sum of £(TOTAL)

We would be grateful if you would respond within 21 days of the above date.

 

In the event that I do not hear from you at the end of this period, I may apply for your Claim to be struck out on the grounds that it does not disclose any reasonable cause of action against me, together with an Order for Costs in the Defendant’s favour. I trust that you will note this particular point.

 

In any event, kindly acknowledge safe receipt of this letter.

 

Yours faithfully,

 

YOUR NAME

 

I have defended the whole claim bcoz YOU do not know the amounts involved, so you cannot defend part of the claim.

Also requested a stay 'til this info is supplied as there is no way I can defend without the data.

There is a form for a defence and counterclaim BUT, you have to place a MAXIMUM amount in the claim amount box and you cannot claim over this, even if your reclaiming of the charges etc. exceeds this amount.

You have to pay a fee depending on the claim amount.

 

The claimant will most probably defend, then you will receive an Allocation Questionnaire and you can then request the stay pending delivery of data/documents.

 

Got the advice from this group (wonderful people), hope this helps

 

SHERLOCK