MERCERS and 2 faulty BC DNs **WON**

[pt2537]

Well, that's another week that's passed without disturbance by DCA cretins.

 

Optimistic haven't said a thing, 1st Crudit are still under their stone and Weightmans have yet to respond after their empty threat and 'cunningly worded' letter inviting me to disclose all kinds of info an enter into a secured agreement.

 

I wonder if Optimistic will actually do something ... if not I have to take holiday and have I expenses. Surely these are valid costs that they should pay?

 

D

 

well, at least they are leaving you alone so thats one good thing to come out of this

 

its shouldnt be long before you do hear,normally after the defence is served on the claimant,they have 28 days to inform the court if they wish to continue. may be worth a quick call to the court to find out whats happening

[Delfi101]

Well well,

 

Today I got a letter back from Optimistic claiming that they have been instructed to proceed by Barclays and will get back to me with regard to my CPR request (well after my defence was submitted). See below in blue.

 

Time to lose badly guys ... this is clearly designed to intimidate and flies in the face of correct procedure and protocols.

 

They're also patently playing a numbers game and have no intention of placing a well constructed case in front of a judge

 

If possible, this makes me even more determined to face up to them. I take it this latest attempt at intimidation can be used as further evidence of a vexatious claim?

 

"Dear Sir,

 

We remain instructed to act on behalf of the Claimant and refer to your defence filed with the Northampton County Court.

 

Please note that we are collating the information you have specifically requested. We apologise for the delay and hope to revert back to you within fourteen days with the required documents"

Dated 11th March ... signed with a random squiggle and 'Optima Legal'

 

It all looks very automated and they haven't even figured out how to use a mail merge yet.

 

Should I leave them to it or is there a harsher & more direct approach I can take? I'm in the mood for a fight !!!

 

D

[Delfi101]

I take it that's a 'leave them to it' then?

 

D

[pt2537]

Sorry D,

 

been exceptionally busy of late, my services keep being called upon:)

 

i would leave the maroons to it, they have nothing of value to reply to

[Delfi101]

Thanks Paul,

 

This whole thing has been bugging me. The letter is so anonymous it's unreal.

 

Perhaps that's just me and my inexperience of legal proceedings for a substantial sum of money. They seem so 'random' about this and have no focus whatsoever. In short, I was expecting an attempt at negotiation or a fight.

 

This response is pathetic and, as I see it, shows yet more

'game' and 'numbers' playing ... they can't possibly think they can win can they?

 

Does it really look like I have a bluff to call ???

 

Any bets on what happens next ? ... I'd say that they're going to try to make me an offer.

 

I think we all know the answer to that.

 

D

[bazaar]

Subscribing Awesome thread, I've just lost 3 hours reading this, Can I claim this back?

Good luck

[The GodMother]

lol bazzar i dont think u can.

[Delfi101]

Subscribing Awesome thread, I've just lost 3 hours reading this, Can I claim this back?

Good luck

 

 

Hi bazaar,

 

This has turned into a monster thread ... parts of my experience are now heading for closure and my life has changed enormously.

 

All I can say is that all of it reflects my thinking at the time of writing. Latterly it's turned into more of a blog and I'd like it to continue that way.

 

If nothing else I hope there's advice and encouragement for others to take these gits to task and stand up to them.

 

I still have a load to learn and a load to go through but by sharing that I hope to pay a little back to those VERY kind people who have helped me out.

 

I'm certainly not going to forget these forums after all of it is over either.

 

You make friends in some funny places

 

D

[The GodMother]

delfi.

 

No need for paying me back a ty is enough as we are all here to help other ppl as well as ourselfs.

 

Glad things are working out for you tho.

[Delfi101]

Sorry GM,

 

I have to contradict you. There is every need for me to be grateful for the help and encouragement I've received here.

 

I was in a big hole and people here dropped ladders ...

 

D

[The GodMother]

yes but you said paying ppl back.

 

I have said there is no need to pay ME back a TY is good enough for ME as we are all here to help others and ourselfs.

 

It may just be me but i am grateful when ppl say TY for your help and i have been gratefully for the help ppl have given me.

 

sorry to have caused any confusion.

[ODC]

The real payback comes when you wipe the floor with Optimistic and their pathetic arguments

[Delfi101]

OK, things are starting to move.

 

I've received an Allocation Questionnaire and the whole process has now been moved to my local CC.

 

I have to have the above completed by the 21st of this month and, as ever, I'm going to need some help and be asking some dumb questions.

 

Is there anything I should know or do immediately?

 

D

[pt2537]

Ah thats good,

 

righty then, what AQ do we have here then, is it a N 149 or 150?

[Delfi101]

It's an N150

[pt2537]

ok thats cool, not a problem. we can deal with that

[Delfi101]

I should have added that Optimistic have not contacted me with any CPR details. The last I heard from them was on 11/03 when they suggested that they'd get back to me with the detail in 14 days.

 

Can this be added as further evidence?

[The GodMother]

yes as it proves they are being unreasonable/un coperative

[Delfi101]

OK ... I'm on the final bits of filling in the AQ and I need a hand.

 

I've taken Paul's docs from the sticky and amended accordingly.

 

Now, a few Q's

 

B:Location of Trial : If I'm happy with the stated court do I say anything?

 

C: Any pre-action protocols?

 

D: Case management info - Witnesses including myself I expect ... what do i say to 'Witness to which facts?' ... 'All'?

 

- Is 'track' dependent upon level of debt alone?

 

E How long do I estimate this to last?

 

Thanks for your help in advance

 

D

[The GodMother]

you will want it in your local court.

D:

 

Yes u are witness to the fact and you need to list any other witnesses as well like your mum etc.

 

track.

 

say small claims

 

time i would leave blank as we dont know who long it will take.

[pt2537]

OK ... I'm on the final bits of filling in the AQ and I need a hand.

 

I've taken Paul's docs from the sticky and amended accordingly.

 

Now, a few Q's

 

B:Location of Trial : If I'm happy with the stated court do I say anything? No, if the location doesnt require changing IE its already in your local county court then tick no

 

C: Any pre-action protocols? If this is the question that is two parts and asks if you have complied with the pre action protocols then there are no preaction protocols that apply to you,especially if they have not sent you a proper letter before action

 

D: Case management info - Witnesses including myself I expect ... what do i say to 'Witness to which facts?' ... 'All'? yeah correct

- Is 'track' dependent upon level of debt alone? yeah it is so if you are over the 5k threshold and over by a large amount its doubtful that you will go small claims, more likely fast track

E How long do I estimate this to last? normally, 3-4 hours

 

Thanks for your help in advance

 

D

 

HI D,

 

ive answered as best i can and i would say that , when considering the directions i would certainly ask for a copy of the credit agreement in a legible form

 

if you need any more help mate just shout

 

regards

paul

[Delfi101]

Thanks Paul,

 

I think that's pretty much nailed it. The draft docs that you posted as a sticky perfectly represent my situation.

 

I wonder if they'll push this any further knowing that they can't produce what is required either for the default notice or the CCA having clearly broken CPR protocols.

 

D

[Delfi101]

AQ and supporting documentation sent to the court with mono (don't see why I should waste colour toner) copies to Optimistic.

 

Both sealed with a CAG sticker of course ...

 

The reality is that this is more of my very limited spare time wasted on something that they clearly can't win.

 

Fine ... I'll just deduct my expenses from what I think I owe them and come to a total sum owed of £0.

 

Had they listened to me from day 1 they would have been paid something ... most likely more than I truly owed. Now they get absolutely NOTHING.

 

I'll be after costs too ... there's a point of principle here.

 

D

[The GodMother]

yep good idea with the costs.

 

l also love the figure that you owe.

[Delfi101]

I just got a copy of the AQ from Optimistic. This is quite laughable ..

 

 

The covering letter is entitled 'Dear Madam'. My first name is clearly male.

 

Their witness name is 'To be announced'.

 

Overall costs estimated at a stunning £3,000 ...

 

They want a total of 17 weeks to file a 250 word case summary after a list of things that have already been provided to them.

 

Dreadful and pathetic idiots.

 

 

D