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Betht

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  1. Thank you both for responding, your advice is very much appreciated :o) As mentioned prior I have advised on the Claim to the court that this debt is statute barred, do I not need to send any correspondence to Wescot?
  2. Hi, I received a County Court Claim regarding an old debt with Provident (over 6 years) from Wescot. The debt is for £1300 including almost £400 in interest and court costs. Your site is extremely helpful and yesterday I completed the County Court Claim form giving the Statute barred paragraph I found on here. I also found a really helpful post advising another user in a similar predicament the following letter is sent to Wescot. I have the letter ready to send and just wanted to make sure all the wording is correct? I would really really appreciate any advice you would be kind enough to give. Dear Sir, Re: xxxxxx v Wescot SPV Limited Case No xxxxxxx Combined CPR 31.12 and CPR 16.4(2) Request On Saturday 11th August I received the Claim Form in this case issued by you out of the Northampton County Court. I confirm having returned my Acknowledgement of Service form to the court indicating my intention to contest all of the proceedings. Owing to the striking lack of particularity in your Particulars of Claim, I require the prompt disclosure by you pursuant to CPR 31.12 of each of the following documents, mention or reference to which would have been made had the Particulars of Claim contained the minimum of necessary particulars and complied generally with CPR PD 16. 1 the agreement giving rise to the obligation to Provident Personal Credit for the credit advanced. You will appreciate that in an ordinary case and by reason of the provisions of CPR PD 16 para 7.3, where a claim is based upon a written agreement, a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the original(s) should be available at the hearing. Further, that any general conditions incorporated in the contract should also be attached. 2 the deed or other instrument of assignment by which you / the Claimant acquired rights under the agreement disclosed by you under [1] above. 3 the default notice, the service of which was a condition precedent to the creation of the debt now sued upon by you pursuant to the assignment disclosed by you under [2] above. Additionally and in relation to the interest claimed, pursuant to CPR 16.4(2) 4 Under CPR 16.4(2)(a)(i) please now state whether the claim to (TOTAL OF CCJ) includes a claim for interest under the agreement disclosed under [1] above and if so, 5 Under CPR 16.4(2)(b) specify the amount of that interest, and 6 the percentage rate of interest, the date from which it is calculated and the date to which it is calculated, alternatively 7 Where more than one percentage rate of interest has been applied or compound interest has been applied in the calculation of the amount of interest specified at [5], specify each element of interest comprising the sum for interest specified at [5] and for each such element specify the amount treated as principal in the interest calculation, the percentage rate of interest, the date from which it is calculated and the date to which it is calculated. 8 Of the interest amounting to (TOTAL OF INTEREST ADDED TO ORIGINAL AMOUNT) claimed pursuant to County Courts Act 1984 section 69, specify the date from which it is calculated and the date to which it is calculated. Although your claim is for a sum which is not more than £5,000.00 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 documents I have requested are copied to and received by me within 7 days of receiving this letter. 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© I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.12 request. You should also ensure compliance with your CPR 16 duties and likewise ensure that the particular regarding interest are fully provided to and received by me within 7 days of receiving this letter. If you require more time in which to comply with this request you must tell me in writing. You must tell me before the time for compliance with this request has expired. In telling me you require more time you must tell me what steps you have taken and propose to take in order to comply with this request and also state a date by when you will comply with this request. If you are unable to comply with that part of this request concerned with CPR 31 and believe that you will never be able to comply with this request you must tell me in writing. Please note that if you should fail to comply with any part of this request or fail to request more time, I will make an application to the court for an order that the proceedings be struck out or stayed for non-compliance and a summary costs order. I look forward to hearing from you. Yours faithfully
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