Solicitors Letter Received

[tomterm8]

Have you done a registry search yourself?

 

The registry trust keeps details of all CCJ's filed since 1985. if they don't have it, no-one does. Searching The Registers

[ODC]

Have you done a registry search yourself?

 

The registry trust keeps details of all CCJ's filed since 1985. if they don't have it, no-one does. Searching The Registers

Im surprised GPB didnt think of this but maybe they have using the wrong number

[nannamoon1]

tomterm8,

 

I will have a look at that site, thanks

[nannamoon1]

Have you done a registry search yourself?

 

The registry trust keeps details of all CCJ's filed since 1985. if they don't have it, no-one does. Searching The Registers

 

I have Just phoned the Registers of CCJ's and they only keep records for 6 years, they do not keep files since 1985.

 

I did explain my situation and they said that GPB should have documentary evidence if they are collecting my money.

 

I have 3 options Ignore the last letter & see what they do or write back with some kind of arrogant letter, or complain to their Principle as they have quoted in their last letter.

 

Which one???

[Perseus]

Hi Nanna

options 2 and 3 are favourable.

What you need to happen now, is for the alleged debt to be nullified.

If the so called ccj is wiped, and they have paperwork support (in part) what they are claiming against you, then they could re-apply for a neww ccj hoping you will not defend.

 

If they or next have no agreement (by admission), thats the best bit.

 

No enforceable debt means they would be statute barred from re-issuing the ccj debt.

 

 

Something along the lines of...

 

 

GPB

c/c Priciple GPB

 

date

 

reference (not ccj reference)

 

Further to the previous letters to and from you in respect of the above, I will now offer a final opportunity to you disclosing and providing a true copy of the ccj you are relying upon to enforce collection any alleged endebtedness.

 

For this purpose, I will give you 7 days from recorded delivery of this request.

 

If you fail to provide documentary evidence of the true copy of any enforcement paperwork in this regard, I will refuse to acknowledge any endebtedness to you, next retail or any associated party in regard to the above account. Further - I may pursue legal redress for damages and libel regarding the recording of adverse credit information with Credit Reference Agencies.

 

This protracted and very frustrating communication began with an innocent request for information. Since my first letter to you in xx/xx/xx, I have received little or no tangeable evidence, and have been put to hold belief in any endebtedness on your say so alone.

I now hold you in contempt of my legal request, and advise that I may take action through County Court, along with submitting complaints to a number of statutory authorities for your conduct and non-compliance.

 

I await your full and final response within 7 days.

 

Any comments/revisions

 

pers

[ODC]

Just being picky should that not be INDEBTEDNESS

 

I would also add you ask me to believe something which you cannot prove yet refuse to believe me when I have no recollection of this matter. Is your word amy better than mine?? If as you say in the brief reply to my SAR the last payment was in 1993 then without any tangible proof of either a CCJ or written admission or payment by me the matter is Statute Barred as over six years have passed. You have been given ample time to prove the existence of a CCJ which you have singularly failed to do. If you continue to harass me further in this matter I will treat you as Vexatious Litigants and Im sure I do not need to advise you of the implications of that.

[Perseus]

Hi ODC - yep it should be indebtedness...sorry! lol

 

Re the last payment etc.. nanna has been makiing payments until feb this year based on an amount agreed and increased over the years through GPB. So the admission and payment issue is not relevant, but tangeable proof, ample time and vexatious litigants most definitely is!

 

Pers

[nannamoon1]

If as you say in the brief reply to my S.A.R - (Subject Access Request) the last payment was in 1993.

 

ODC

 

The S.A.R - (Subject Access Request) reply from IJ does say last payment received 1993 but then it states "handed over to legal department for non payment"

 

So I do not think I can quote this, as there will be proof that I have been paying since 1993.

 

I think I have got them Yipppeee in their reply letter dated May 16th it quotes:

 

In respect of supplying Court details and documents, we received your N9A admissions form with an offer of £4.00 per month on 26th October 2003, thus Judgment been granted by acceptance. Your current address at the time was XXXX Full details of Court Judgment are as follows:

 

I have just looked at the address that they have quoted and believe it or not its not the address that we were living at when this supposedly CCJ was issued...

 

The address they have quoted we moved from in June 2003, the supposedly CCJ was issued in November 2003 but they are quoting the wrong address..and as I apparently agreed to the CCJ then I would have used the correct address.

 

Can we add this into the letter above, as they obviously have no records at all...what a bunch of Idiots.

 

I am glad I looked over the letters

[Perseus]

How's this...

 

GPB

c/c Priciple GPB

 

date

 

reference (not ccj reference)

 

Further to the previous letters to and from you in respect of the above, I will now offer a final opportunity to you disclosing and providing a true copy of the ccj you are relying upon to enforce collection any alleged endebtedness.

For clarification - you state in your letter of 16th May 2007, that the CCJ was issued in November 2003 - and state it was served on me at (insert old address) on (date). I moved from this address in June 1993 - some 5 months prior, and had I defended such an order - would most definitely have had to submit a service or correspondence address. Had that been the case - do you not think that you would have had my new address at the time of allegedly serving this CCJ? This compounds my doubts as to the authenticity of your claim, and re-inforces my need to view any/all true documentation (including the true copy of any signed executed agreement).

 

For this purpose, I will give you 7 days to comply, from recorded delivery of this request.

 

If you fail to provide documentary evidence of the true copy of any enforcement paperwork in this regard, I will refuse to acknowledge any endebtedness to you, next retail or any associated party in regard to the above account. Further - I may pursue legal redress for damages and libel regarding the recording of adverse credit information with Credit Reference Agencies.

 

This protracted and very frustrating communication began with an innocent request for information. Since my first letter to you in xx/xx/xx, I have received little or no tangeable evidence, and have been put to hold belief in any endebtedness on your say so alone.

I now hold you in contempt of my legal request, and advise that I may take action through County Court, along with submitting complaints to a number of statutory authorities for your conduct and non-compliance.

 

I await your full and final response within 7 days.

[PriorityOne]

I have Just phoned the Registers of CCJ's and they only keep records for 6 years, they do not keep files since 1985.

 

I did explain my situation and they said that GPB should have documentary evidence if they are collecting my money.

 

 

Looks like you might be home and dry on this one, Nanna..... Without any records, how can they possibly hope to prove its (alleged) existence ?

[nannamoon1]

Perseus

 

Thank you for adapting the letter, I will get it sent off in the next day or so, and lets see how they respond to this....The address cock up is a great ace up my sleeve although I have only just noticed it myself...

[lorn250]

subscibing

[Drexl Spivey]

sounds like they have have entered your ccj details on their system, but do they hold a true copy of the county court judgement ...

 

 

You claim to have evidence that indicates the issue of a County Court Judgement, issued within the legal time frame from the last cause of action. Before any other correspondence is made with you I will require a certified true copy of the applicable County Court Judgement.

 

Please note that this County Court Judgement should be signed as being a true copy, along with a legible signature and company stamp to show that you have issued the true copy, and furthermore the true copy must by law bare the correct signatures of the court officials and legible County Court Seal.

 

You should note that if you produce this and the case goes to court I will use this as evidence to the Courts to ensure its legitimacy.

 

I await your either written confirmation that no further contact will be made concerning the above account and confirmation that this matter is now closed, or the production of a true copy of any County Court Judgement in this matter.

 

Yours faithfully

 

maybe tailor that somehow to your situation.

[nannamoon1]

Hi to all those following this thread, just received this reply from GPB today:

 

Dear Madam

 

Re: Next Retail Limited –v- Yourself

Claim Number: 0032127208

 

Thank you for your letter of 25th June, the contents of which we note.

 

Firstly, we apologise for an error contained in our letter of 15th May 2007. The N9A admission form was received on 26th October 1993 and not 2003. This, of course, is clearly a typographical error because, as we have pointed out, Judgment was granted by acceptance of your offer on November 1993. We note, therefore, that you were at XXXXXX Address “A” at the material time.

 

We have given you as much information as is available to us now. After so many years during which time, on your own admission, you have been paying the debt, it is, in our view, totally unreasonable to seek details in respect of matters which are beyond dispute by virtue of your admission to the Court and subsequent payments.

 

We have been able to obtain some brief statements from our Clients and we enclose copies for your information. You will note that the balance transferred to “debt agency” on the 20th July 1993 was £1,608.20. The agent in question was Intrum Justitia (you are their in house Solicitors) Limited to whom you paid £5.00 on the 13th August 1993. As a result of your failure to make further payments to Intrum Justitia Limited the matter was passed to ourselves for issue of the proceedings that we have referred to.

 

Yours faithfully

Geoffrey Parker Bourne

 

 

The statements that they have sent are from Next only (3) of them 26th May 1993, 23rd June 1993 & 20th July 1993 they do have the address “A” that they keep referring to this was because I was living at address “A”

I moved to address “B” in June 1993 the N9A admission form that was supposedly submitted by me in October 1993 had address “A” on, this would have been impossible as I moved from address “A” to address “B” in June 1993.

I assume that by sending me the 3 Next statements which show address “A” they think that this is proof that I sent the N9A admissions form using this address which they have quoted in their letter dated May 15th .

I am trying to find evidence that I actually moved to address “B” in June 1993 to shut them up. I should be able to ring the local authority housing and get this proof (I hope they will have records going back to 1993)

Where do I go from here this case seems to be going round and round in circles…they have NO documentary evidence to prove there was ever a CCJ. Sending me Next statements are not evidence plus trying to claim that I lived at address "A" when I supposedly filled the the N9A admissions form. That would not be the case , as I would have quoted the correct address to which I was living at - at the time.

[ODC]

Hi to all those following this thread, just received this reply from GPB today:

 

Dear Madam

 

Re: Next Retail Limited –v- Yourself

Claim Number: 0032127208

 

Thank you for your letter of 25th June, the contents of which we note.

 

Firstly, we apologise for an error contained in our letter of 15th May 2007. The N9A admission form was received on 26th October 1993 and not 2003. This, of course, is clearly a typographical error because, as we have pointed out, Judgment was granted by acceptance of your offer on November 1993. We note, therefore, that you were at XXXXXX Address “A” at the material time.

 

We have given you as much information as is available to us now. After so many years during which time, on your own admission, you have been paying the debt, it is, in our view, totally unreasonable to seek details in respect of matters which are beyond dispute by virtue of your admission to the Court and subsequent payments.

 

We have been able to obtain some brief statements from our Clients and we enclose copies for your information. You will note that the balance transferred to “debt agency” on the 20th July 1993 was £1,608.20. The agent in question was Intrum Justitia (you are their in house Solicitors) Limited to whom you paid £5.00 on the 13th August 1993. As a result of your failure to make further payments to Intrum Justitia Limited the matter was passed to ourselves for issue of the proceedings that we have referred to.

 

Yours faithfully

Geoffrey Parker Bourne

 

 

The statements that they have sent are from Next only (3) of them 26th May 1993, 23rd June 1993 & 20th July 1993 they do have the address “A” that they keep referring to this was because I was living at address “A”

 

I moved to address “B” in June 1993 the N9A admission form that was supposedly submitted by me in October 1993 had address “A” on, this would have been impossible as I moved from address “A” to address “B” in June 1993.

 

I assume that by sending me the 3 Next statements which show address “A” they think that this is proof that I sent the N9A admissions form using this address which they have quoted in their letter dated May 15th .

 

I am trying to find evidence that I actually moved to address “B” in June 1993 to shut them up. I should be able to ring the local authority housing and get this proof (I hope they will have records going back to 1993)

 

Where do I go from here this case seems to be going round and round in circles…they have NO documentary evidence to prove there was ever a CCJ. Sending me Next statements are not evidence plus trying to claim that I lived at address "A" when I supposedly filled the the N9A admissions form. That would not be the case , as I would have quoted the correct address to which I was living at - at the time.

Keep it short and sweet.

 

Dear Idiots

 

How can I make this matter clear to you,

 

I DO NOT ACKNOWLEDGE ANY DEBT TO YOU OR ANY COMPANY YOU CLAIM TO REPRESENT.

 

You have provided absolutely NO TANGIBLE EVIDENCE that a CCJ exists. You admit to making a tyoing error in your last correspondence so its highly probable you have made other errors in your record keeping. I have no recollection of having any CCJ against me, neither you or the Courts have documentary Evidence that one ever existed. As far as I am concerned that is the end of the matter. Should you feel you have sufficient evidence to proceed further then I look forward to contesting this matter through the due legal process. I will also institute Civil Proceedings for the distress that your behaviour has caused, ask the Society of Solicitors to investigate your business practice as well as complaints to the appropriate regulatory authorities.

 

In conclusion i expect to hear from you with 14 (fourteen) days that you have decided to stop harrasing me over a matter that you cannot prove.

 

Failure to resolve the matter within the above timescale will result in me taking appropriate action as outlined but not limited to that mentioned above.

 

yours bored to tears

 

N Moon (Mrs)

[PriorityOne]

Excellent letter ODC.....

[nannamoon1]

Well I never thought that I would have to add to this thread.

 

For those who want a quick review of this thread rather than having to read it all, the story goes:

 

Been paying Geoffrey Parker Bourne for 13 years (whom are Intrum Justitia's in house solicitors)

 

Back in Feb decided to send a CCA as I had no idea what I was paying this debt for, all I had was a payment book...for the last 13 years..

 

GPB wrote back & informed me that this debt had gone to court in 1993

 

I asked GPB to show me documentary evidence, have a read back over some of the correspondence, GPB insists there is a CCJ.

 

I stopped paying GPB in Feb, I sent a SAR to Next Directory the original creditor...

 

Guess what after GPB putting in writing many times that Next had taken me to court, I have today received this letter:

 

Dear xxx

 

I write in response to your letter of 20th August, and I am sorry that you have not received a reply to your earlier letter of 2 July.

 

Further to your subject access request under the data Protection Act, I am pleased to enclose prints of all information that is immediately available from our computer systems, in respect of your account with the Next Directory. If we hold any earlier records than this, they will have been archived, and I have therefore requested our business systems team to conduct a full search of our database. Unfortunately this will take a little while longer, but I will of course forward any additional information, as soon as possible.

 

I can advise that your debt to the Next directory was not sold to another company, and no deed of assignment was completed. Next directory did use the services of a third party debt collection agency, Interim Justitia, although no legal proceedings were instigated, and I expect you are aware that, due to the age of the debt, there is no longer any record of the default on your credit reference file.

 

Next Directory did not apply any default charges, fees, or penal interest rates to your account in relation to the default, service charge (interest) would have been charged at the normal rate (currently 26.49APR equivalent), and this is shown on the copy statements enclosed.

 

I can also advise you Next directory only record telephone calls for training purposes and these are erased within a couple of weeks.

 

I hope the enclosed information is of use to you, and I will be in contact again as soon as I receive a response from our Business Systems Department.

 

Yours sincerely

 

So what can I do about GPB stating there was a CCJ issued? I now know the truth...

[lookinforinfo]

Hi Nannamoon-a very interesting letter to say the least!.

First thing is to write to GPB stating that Next say they never applied a CCJ

to your account and also confirmed that they had never assigned the debt.

Would GPB care to explain their references to there not only being a CCJ on the account, but also that an attempt by you to have it set aside was refused

back in November 1993 as per their letter back in March-your post 58. [i hope you have kept the letter for your complaint to Trading Standards etc?].

[shane5408]

you've got GBP between a rock and a hard place now! Can't wait to see what their response is once they find out about Next's most recent Letter! In the words of the great Homer Simpson, DOH!!!!

 

 

regards,

shane

[nannamoon1]

Thanks for the replies LFI

As said in this thread earlier, even though this debt is 13/14 years old, I never recall it ever going to court, I know I am a doddering old fart, with no memory, but hey I can be sure that I would remember if a company had taken me to court even if it was 13 years ago...

 

Funnily enough I have not heard anything from good old GPB since ODC drafted me the letter above...I also sent a letter of complaint, but they did not respond.

 

I will wait until Next furnish me witht he rest of the SAR Data, then GOD HELP GPB.....

 

RIP GPB

[ODC]

Excellent letter Nana. Now a little reminder to the clowns that are GPB requesting a response to your letter.

 

Dear Muppets

 

I refer to my letter of XXXXX. I requested written proof of a CCJ you allege was issued against me. You have singularly failed to supply any.

 

Your parent company Intrum Justita have been taking money from me for 13 yrs. You as their legal representatives have singularly failed to provide me with any proof that either you or they were legally entitled to claim such monies from me.

 

It is now my intention to do the following -:

 

Institute proceedings for recovery of said monies from yourself and/or Intrum Justita.

 

Report the activities of your company to the Office of the Society of Solicitors in Leamington Spa

 

Report both yourselves and Intrum Justita to the Office of Fair trading for numerous breaches of their guidlines and Consumer Credit Act

 

I do not limit may actions to the above and if I find sufficient evidence which would warrant prosecution for any criminal offences I reserve the right to report any criminal activity to either or both the Police and the Financial Crimes Branch of H.M. Government (Customs and Revenue).

 

I now require within 14 days a full response to my previous correspondence, a full statement disclosing the total amount of money which you or intrum Justita have obtained from me and details of what legal grounds you claim to have taken such monies from me.

 

I feel it fair to point out to you that I am now in possesion of WRITTEN proof that NO court action was ever instituted in respect of this matter despite your numerous written correspondence that you had in fact obtained a County Court Judgement on behalf of the Original Creditor, Next Retail Ltd. I now have the proof that this is a total falsehood.

 

AT the end of 14 days I will be taking the actions as outlined above and the authorities will doubtless draw their own conclusions from your responses heretofore and what response if any you make to this letter.

 

Please do not ignore this letter

 

yours elatedly

 

 

Nanamoon (Mrs)

[tomterm8]

Excellent letter Nana. Now a little reminder to the clowns that are GPB requesting a response to your letter.

 

Dear Muppets

 

NOTICE BEFORE LEGAL ACTION

I refer to my letter of XXXXX. I requested written proof of a CCJ you allege was issued against me. You have singularly failed to supply any.

 

 

I feel it fair to point out to you that I am now in possesion of WRITTEN proof that NO court action was ever instituted in respect of this matter despite your numerous written correspondence that you had in fact obtained a County Court Judgement on behalf of the Original Creditor, Next Retail Ltd.

 

Your parent company Intrum Justita have been taking money from me for 13 yrs. You as their legal representatives have singularly failed to provide me with any proof that either you or they were legally entitled to claim such monies from me.

 

It is now my intention to do the following -:

 

Institute proceedings for recovery of said monies from yourself and/or Intrum Justita.

 

Report the activities of your company to the Office of the Society of Solicitors in Leamington Spa

 

Report both yourselves and Intrum Justita to the Office of Fair trading for numerous breaches of their guidlines and Consumer Credit Act

 

I do not limit may actions to the above and if I find sufficient evidence which would warrant prosecution for any criminal offences I reserve the right to report any criminal activity to THE POLICE and the Financial Crimes Branch of H.M. Government (Customs and Revenue).

 

I now require within 14 days a full response to my previous correspondence, a full statement disclosing the total amount of money which you or intrum Justita have obtained from me and details of what legal grounds you claim to have taken such monies from me.

 

 

Unless you comply, at the end of 14 days I will be taking the actions as outlined above and the authorities will doubtless draw their own conclusions from your responses heretofore and what response if any you make to this letter.

 

 

 

Please do not ignore this letter.

 

yours elatedly

 

 

Nanamoon (Mrs)

 

I thought I'd DCA it up:)

[shane5408]

I thought I'd DCA it up:)

 

 

you forgot to add

 

We will be instructing a local debt collector to visit you at the above address to collect payment

!!

[ODC]

Very good TT8

You forgot to put the main Phrase in it VALID EVEN IF NOT READ BY YOU

[nannamoon1]

you forgot to add

 

We will be instructing a local debt collector to visit you at the above address to collect payment

 

!!

 

Very good TT8

You forgot to put the main Phrase in it VALID EVEN IF NOT READ BY YOU

 

I love the replies, Tom I will be sending the letter this week than you so much,of course I will post their reply..if they do reply

 

And we forgot to add, in one of their scary letters they said I applied for the so called CCJ to be set aside in November 1993, which they claimed was refused....

 

GPB if you are reading this you are BRASTWARDS, you should be ashamed of yourselves calling yourselves Solicitors...

 

On a serious note, am I entitled to a refund, or some compensation LOL I would love to make a DCA pay ME some money.