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Danielx

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  1. If you read the previous posts I already asked Control Account via CPR 18 request and they ignored this based on their response from the Solicitor.
  2. Service is acknowledged. I now have 2 1/2 weeks to submit the defence. I have a draft one formed. But what I really need to know is who is the Claimant, Control Account PLC or Federal Express Europe Inc. If it is Control Account PLC then obviously is a serious abuse of court process. If it is Fed Ex directly then there would be an alternative defence which is not relevant to this discussion. All I wanted was opinions was who sent the claim Anyone can use another party's name on the Claim form and then instruct a solicitor to act on their behalf, my two cents. None of these addresses were used on the Claim form. FedEx UK Head Office is: Parkhouse Industrial Estate East Chesterton Newcastle-under-Lyme Staffordshire ST57RB The Claimant name Federal Express Europe Inc is: Sutherland House Matlock Road Coventry CV1 4JQ
  3. If Fed Ex wanted to make a Claim directly against me I am sure they would had used one of their companies' solicitors? I think it is very unusual to pass the debt to DRA Control Account to recover the funds, then later decide to make a County Court Claim Control Account deal with parking tickets as well as DHL. So what's next, a Court Claim made by DHL under the Control Account address? To all those that have received letters from Control Account and mocking them off, could this be a new start for County Court Claims, or is it another one of their crafty techniques?
  4. The problem I have is this. I received the complainant's name and address as: Federal Express Europe Inc Central Recoveries Compass House Waterside Hanbury Road Bromsgrove Worcestershire B60 4FD This is the address for Control Account PLC Debt Recovery Agency which had pursued me originally: Compass House Waterside Hanbury Road Bromsgrove Worcestershire B60 4FD I feel that Control Account PLC are using Fed Ex as the Claimants when they are clearly not in order to get me to pay up. They are nothing more than a Debt Recovery Agency. I phoned up directly Control Account PLC from the website number who passed me onto another department who confirmed that the Court Claim was issued by 'them'. Who is them? Fed Ex or actually themselves that just stuck in the Claimant's name under their address? I phoned up the number on the claim form 0870 145 3436 and had automated response that I had reached 'Central Recoveries', NOT Fed Ex. A CPR 18 form was sent to clarify who has actually made the claim, Fed Ex or Control Account? Who Jenni Westcott was (Legal Manager on the Claim form) and if she was duly authorised to initiate proceedings for Fed Ex? I requested for the contract and documents constituting the agreement to be attached. The response I received was from Kearn's solicitor attaching a printed terms and condition which can be found on Fed Ex website and they are now the legal representatives, nothing more! If they were Fed Ex why didn't they send a copy of the original documents? That is my problem, I'm not sure who they are and if Control Account are attempting to be crafty by sticking in Fed Ex as the Claimant. I'm not attempting to be difficult, I would like some clarification on who do you think made the claim and what your reasoning is behind all this.
  5. So the dilemma I have everyone, who is making the claim, Control Account or Federal Express? Very unusual case.
  6. Hi fkofilee, It's no problem, I did find it quite funny I'm aware that these forums do get read by the Claimants so I do not wish too discuss sensitive information. my defence will be based on procedures not followed from the Claimant and the fact they are not actually Federal Express making the claim but Control Account PLC so they will be put to the strictest of proof. I have been advised that CPR 16 7.3 was not followed because this was a written agreement and they did not attach any documents, agreements, contract etc. 1.The agreement, including the specific Terms at the point the alleged Agreement was made and any subsequent changes. 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 originals should be available at the hearing. Further, that any general conditions incorporated in the contract should also be attached. The letter from the solicitor did not attach any original paperwork which I guess they would need to rely on court I am sure!? To add I even phoned Control Acount PLC who confirmed they (Fed Ex) sent the claim and wanted full payment upfront.
  7. Hello everyone, I have just joined as you are commenting on my case thought I join and participate on this forum as there are a few cases with Control Account PLC threatening court action and members saying that nothing is going to happen. Well it has! I have received the County Court Claim and begin my journey to fight this case off. The origin of the debt is irrelevant which I won't discuss. My argument is that Control Account PLC have submitted the claim against me using Federal Express Europe Inc as the Claimant but with the address of Control Account PLC! Surely this is abuse of court process and plain fraud IMO. I am happy to share this information with everyone to follow and opinions and suggestions will be greatly appreciated. The original thread is in the [removed] , The update so far is that a CPR 18 request was sent and I received a response from Kearns solicitor just attaching 14 page printed terms and condition document that can be found on a website. There are no original invoices, paperwork, and have not responded if it was Fed Ex that authorised proceedings, NOT Control Account PLC. Kearn solicitors are now the legal representatives. My guess is that Control Account PLC referred this to them. I am working on my defence which needs to be submitted in 2 and a half weeks.
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