Rockwell/Pinnion claimform - HSBC merged accounts **DISCONTINUED**

[questioning]

Oh, that gets my confusion over then.

Thats why I asked where it was issued in the first place, as I have seen Paul ask many times before and not assume the claim has come from Northampton.

When you posted southend CCBC I assumed it was also a bulk centre, although I had always thought Northampton was the only BC.

Well its good thats all sorted then, LOL

[shrekster]

Guys, thanks so much for the help, sorry for the confusion.

 

I would just like to confirm that the last letter you posted is the correct one?

[pt2537]

Guys, thanks so much for the help, sorry for the confusion.

 

I would just like to confirm that the last letter you posted is the correct one?

 

You -v- them

 

Claim number

 

Dear Sir or Madam

 

I write in relation to the above claim issued in the Southend County Court.

 

The pleaded case offers insufficient information to allow me to plead a proper defence, i do not recognise the sums pleaded to be owing to one single account and i believe that there has been a grave error in your pleadings, accordingly, i require the following

 

1) i require you to provide me with copies of the agreements under which the amounts pleaded in your vague claim are owed. Additionally where the agreements are regulated agreements which are regulated by the Consumer Credit Act 1974, i require copies of any default notices and a full break down of the sums claimed including how those sums accrued and under what accounts and also statements showing how the sums claimed are calculated and accrued.

 

 

 

I require this information by no later than 4 pm on 18th February 09, i also reuquire you to agree to an extension fo 28 days to allow me to file a proper defence once i am provided with the information which i am seeking.

 

If you fail to reply or fail to provide me with sufficient information to allow me to plead a proper defence i will make an application to the court to order you to plead your case in accordance with the CPR and the Practice Directions and i will seek an order for my costs in doing so.

 

I reserve the right to refer to the contents of this letter on the question of conduct and costs if an application for an extension of time/ discovery of documents/ amendment of pleadings etc is necessary. I cannot plead the defence without the information that has been requested and i am sure that the court will take this view also given that i am a litigant in person.

 

I look forward to your reply

 

i would suggest something along these lines will suffice, you need to give them a deadline for compliance and once that passes you need to make an application to the court for an order which compels them to comply

 

we can assist you with this at a later date but you need to get a letter in the post ASAP

 

amend the you -v- them bit for your and the claimants details

 

and make sure if the time starts to run out that you file t he acknowledgment of service, this must be within 14 days from the claims date of issue

[shrekster]

you guys are awesome!

 

once again thank you!!

 

in your opinion what do you think they are likely to do?

[pt2537]

well if they do nothing then you MUST make an application to the court to either have their claim struck out or the court orders them to plead properly and serve upon you the documents you need.

 

the application normally costs £75 but you will get this back and also you can recover your costs in doing so, i would suggest that if you are on a low income you should look at the court service website and search for the form EX160, this form will tell you if you are eligible for a fee remission

 

it is hard to say what they will do but you must not rely on them doing nowt you must take the bull by the horns and make them play by the rules

[shrekster]

Once again thank you for all your help.

 

My first time here, and will keep you updated on the result.

 

Fingers crossed that i can get this sorted.

[pt2537]

Once again thank you for all your help.

 

My first time here, and will keep you updated on the result.

 

Fingers crossed that i can get this sorted.

 

 

~Ok just a small addition,

 

Send this to the court as your defence.

 

It protects you from the possibility of being given judgment in default against you.

 

1.The claimants particulars of claim are vague and fail to disclose any cause of action, they appear to be an abuse of the process in that they fail to deal with the basic rules of pleading in accordance with the CPR. Accordingly the Claimants claim should be struck out pursuant to CPR 3.4(2)(a)& ©

2. Without admission that any cause of action is shown by the Claimant it is denied that the Claimant has a claim whether as pleaded or at all.

3. No documents supporting the claims in the particulars have been offered which the defendant needs to establish what agreement it is that this action is based upon, how the figures claimed are accrued, what type of accounts it is that the claim is based upon. The Claimant even fails to plead whom the money is due to and when the cause of action arose.

 

4. Without clarification of the claimants claim, the defendant is extremely disadvantaged and the claimant’s claim appears without merit.

5.Further to above the defendant is unable to plead effectively or at all. The defendant is embarrassed.

 

 

 

that way you are fully covered, you need to send this to the court as soon as possible

[shrekster]

Dear People,

 

i have sent a letter to the solicitors and i received a reply.

 

can someone tell me how to attach a scanned image of the reply please, cant seem to work it out??

[Michael Browne]

Scan the document into your computer and open it in Paint or similar program. Edit out the personal information and identifying numbers etc.

 

Save it as a jpeg file

Open an a/c on Photobucket, (here: Image hosting, free photo sharing & video sharing at Photobucket ),or Tinypic here: (TinyPic - Free Image Hosting, Photo Sharing & Video Hosting )

 

Click the "upload image" box and browse to find the file of your scanned jpeg on your hard disk

 

It will then upload the image to Photobucket and it will show you thumbnails of the images you have uploaded. Under each image there are links that you can copy and paste.

 

Copy and paste the IMG Code link from Photobucket to the reply box on your thread here, which will look like this:

 

When you submit the reply, the link will change into the image you uploaded onto Photobucket.

 

See how to in section 1.16 (Attach Documents) here:

How Do I....? A Dummies Guide to the Forum

Edited July 8, 2010 by Michael Browne

[shrekster]

Dear All,

 

please have a look at the reply from the claimants solicitors.

 

The file is attached.

 

I have going to be sending the acknowlegement back to the court tomorrow.

 

Does anyone have any suggestions please??

 

:)

[pt2537]

the images are tooooo small. you need to open a photobucket account as MB suggests and upload them there

[shrekster]

i have been trying to do that as well, but it wont upload.

 

i shall try again.

[Agent Mulder]

well if they do nothing then you MUST make an application to the court to either have their claim struck out or the court orders them to plead properly and serve upon you the documents you need.

 

the application normally costs £75 but you will get this back and also you can recover your costs in doing so, i would suggest that if you are on a low income you should look at the court service website and search for the form EX160, this form will tell you if you are eligible for a fee remission

 

it is hard to say what they will do but you must not rely on them doing nowt you must take the bull by the horns and make them play by the rules

 

In the event that the court does strike the claim, will it be with or without prejudice, or does the moving party need to include this in the prayer?

[shrekster]

Still not uploading - please see the response from the solicitor....

Request for the credit files ....

1) This has been requested from the vendor and will be provided to you upon receipt.

All conversations that happended and transcripts....

2) There have been no conversations with Christopher Pinnion & Co, however our records show that since the date of purchase by our clients two telephone conversations took place, the first on 25th March 2008 with our clients debt collection company Rockwell, who received a call from you at 18.16 on 25th March 2008 where you advised Rockwells operator that you wish to speak to HSBC directly and that you would return to Rockwell the following day. the next telephone conversation was in fact 23rd April 2008, when you called at 10.09 and advised Rockwell that you were in fact paying Equidebt £62 per month, who were previously instructed by HSBC prior to the sale to our clients. During that conversation you advised Rockwells operator that you may look into a possible remortgage during 2009 to clear the outstanding balance and in the meantime agreed to cancel the payments to Equidebt as they were no longer acting in respect of this case follwoing the sale to our clients and instead pay the same monthly sum of £62 per month to Rockwell commencing 10th May 2008.

I require 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 prrof of postage that you hold....

A notice of assignment was provided to you on 8th November 2007 with a letter being sent to you by the vendor and Rockwell Debt Collection Agency acting on behalf of our clients. Please note that our clients maintain a computerised letter writing system and for this reason copies of the letters sent to you are unavailbe, however, please find enclosed for your ease of reference the computer print copy. We also enclose a history print showing the various letters sent to you by Rockwell DCA, Fenton Cooper and this firm.

I reqest copy of statements for the entire duration of the credit agreement....

Both RockwellDCA and Fenton Cooper (never heard of them) are in house trading names of our clients. This firm has been instructed by our clients to commence legal proceedings gievn that the agreed repayment arrangment was not maintained.

Copy statements since the sale to our clients are enclosed by means of a history print. Prior statements have been requested from the vendor, however, the vendor will have already provided you with a full set of copy statements until the sale to our clients ( i have not received any thing).

I request to see any other documents you seek to rely on in court....

At this stage there are no further documents relied upon, however , our clients reserve the right to provide further documents depending upon any defence you may choose to raise.

[shrekster]

Hello.... anyone out there for some advice please??

[shrekster]

Anyone availble for advice please????

[ScarletPimpernel]

It appears to me that the solicitors have failed to produce the documentation that they intend to rely upon in Court (and should have attached to their claim in the first place). Without these documents, the claim has no prospect of success and should be struck out. However, I think PT needs to look at their letter. What were the other papers they sent?

[shrekster]

The other papers were simple standard template saying that - they have been instructed ny Phoenix Recoveries UK Limited S.a.r.l acting in the name and on behalf of its compartment "Tessera Recoveries" as assignee of HSBC Bank Plc and all of HSBC rights in, to and under the above detailed account. We will be administering the account. etc.

it does not show me my name address or even the account numnber.

the other was a print out of the letters sent to me, with dates of when they were sent. i do not rememeber receiving any of these letters.

the last piece of paper shows the amounts i was paying to equidebt prior to Rockwell buying the debt.

[ScarletPimpernel]

...but still no credit agreements?

[shrekster]

no credit agreements, they said in their letter....

 

" This has been requested from the vendor and will be provided to you shortly upon receipt"

the date of the claim form was 4th February 2009. I am going to send the acknowlegment form back tomorrow, or i may just do it online, as i need to have it to Southend County Court by 18th February 2009. Is there anything else that i need to do??

[ScarletPimpernel]

Wait until PT gives you some guidance - he should be along shortly.

[shrekster]

ok thanks.

[creditcardmug]

 

the date of the claim form was 4th February 2009. I am going to send the acknowlegment form back tomorrow, or i may just do it online, as i need to have it to Southend County Court by 18th February 2009. Is there anything else that i need to do??

 

You cant do anything online, as its not in Northampton

[shrekster]

didnt realise that. I shall send that off tomorrow. thanks.

 

Any advice on what i should do next or wait upon??

[creditcardmug]

If you have sent the letters as advised by pt, and you haven't had a satisfactory reply by the 18th, you will need to file the AN as he has indicated, best to wait for a reply from him.

 

Meanwhile prepare yourself for this anyway, you can download the form N244 from the hmcs website