Help!!!!!! Credit Union Taking Me To Court.

[42man]

If this is a county court claim (for a CCJ), then you have to acknowledge the claim within 14 days of the date on the paperwork, you then have a further 14 days to submit your defence. It sounds to me like the debt could be made up entirely of excessive charges BUT...you could also oppose this due to a non production of a credit agreement (which must contain the prescribed terms)(if your loan is regulated by the Consumer Credit Act)

 

Acknowldege the debt (you must do this within the timescale) and say you want to defend ALL of the claim, then keep a close eye on the 14 additional days for the defence.

 

In the first instance you must send this to the claimant (or opposing solicitor) send it by recorded delivery

 

In the XXXX County Court

Claimant -v- (YOUR NAME)

Claim Number: (CLAIM NUMBER)

 

 

Dear XXX

 

REQUEST FOR INFORMATION

 

I have received a recent court claim from your organisation. In order to file a defence and counter claim I require some information. Given that this matter is now the subject of legal proceedings, you are obliged to disclose under the Civil Procedure Rules, the information and documents detailed below.

 

The information must be furnished within fourteen days of the receipt of this letter. If you fail to comply, this will be reported to the Court, a copy of this letter will be provided as evidence to the same and an Order enforcing your compliance will be sought.

 

1. A true copy of the executed credit agreement and any terms and conditions that applied to the account at the time of default and at the time the account was opened. True copies of any notice of assignment and/or default notice or enforcement notice that you or the original creditor sent me, with a copy of any proof of postage that you hold.

 

 

1.1 If copies of any of the above documents are to be relied on in court rather than originals, a copy of the Notice of proposal to adduce hearsay evidence required under s2(1) of the Civil Evidence Act 1995 together with proof of the authenticity of the document(s) as required under s8(1)(b) of the Act, including but not limited to:

 

(a) a copy of the procedure(s) used for copying, storing and retrieving documents

(b) a copy of the relevant log entry showing the time and date of the scan or copy, the name of the member of staff making the copy, the method used for copying, storage and retrieval and time and date of destruction of the original document(s)

© copies of internal and external audit reports covering the entire period from the date of the copy to the present to demonstrate that the procedures have been complied with

(d) copies of Quality Assurance accreditation certificates covering the entire period from the date of the copy to the present to demonstrate that the procedure(s) and audit process(es) comply with the appropriate quality standards

 

2. All records you hold on me relevant to this case, including but not limited to:

 

a. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations by your company, or by any previous creditor

b. Where there has been any event in my account history over this period which has required manual intervention by any person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my account formerly held with *********.(AMEND TO THE COMPANY NAME)

c. .Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted (if applicable).

d. Details of any collection charge added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers.

e. Specific details of the fees/charges levied by any other agency in respect of this account and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.

f. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998

g. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.

h. Copies of statements for the entire duration of the credit agreement.

 

 

3. Any other documents you seek to rely on in court.

 

 

I will require this information within the next fourteen days. I must advise you that if the information is not forthcoming, it will be reported to the Court that you are trying to frustrate proceedings and denying me the opportunity to file a defence and counter claim.

 

Yours sincerely,

 

XXXX (type, don't sign).

[42man]

Send off the SAR to the Credit Union - this will cost £10, and send it by recorded (do not hand sign it)....

 

Could John Bryant be JMW Solicitors ?? or possibly AC Solicitors & Co ??

[42man]

Just one question the debt says 'commercial' debt ? Do they provide the laons under the Consumer Credit Act 1974 ? might be worth looking at the Credit Union's website....the Agreement may not be covered if they are unregulated....however it seems there are some pretty excessive charges that have been added if not by the Union then definately by the Debt Collection Agency !! start with the SAR....Also do you know if the debt has been bought from the Union by ACS ? or if they are representing the Union ?

[42man]

Is it possible that you could scan / photo what has been sent to you minus the personal details and post it up on here (use Image hosting, free photo sharing & video sharing at Photobucket if need be)....you mentioned that it doesn't have a court stamp on it !!