Vertex Data Science Ltd - Statutory Demand - ***WON + COSTS***

[chrismc]

They can request your signature unfortunately, but put crosses through it or sign it differently than your usual (and copy it)...

 

 

Well I signed my original SAR to them and put lines through it, so that is enough then. I will wait the 40+2 and see what happens, they have until the 23rd April to comply and until the 27th March for the CCA if they have one

[chrismc]

Well the 12 days + 2 for the supply of the original CCA is up now, what is it best to do next? do I write and inform them that they are out of time, or just sit and wait for the court date to come around still.

 

I called the court this morning and spoke to a Clerk, she went to find my forms and tells me it was referred to the judge 2nd March but they have not had it back to them for some reason? She is going to find out what has happened to my 'set aside' documents. I also told her about the letter I received from Vertex stating they have no record of me and an account with them and she said if it is UU then they are very poor at this type of thing and their records can be wrong in many cases, she did say Vertex have acted on behalf of UU in the past.

 

When I also told her that the amount they are demanding is way outside the realms of what a private customer could ever have used in terms of water usage etc she said well that could be just another error by UU, anyway she took my number and will call me back when she has located the documents.

 

What a fiasco!

[42man]

I hope you'll fillet their donkey Chris !!!

[42man]

Did you see this one ? - http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/185462-bankruptcy-petition-recieved-help.html

[chrismc]

Of course

[chrismc]

Did you see this one ? - http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/185462-bankruptcy-petition-recieved-help.html

 

 

I just read that one now, interesting, wrong names on SD etc, unfortunately they have it right on mine

 

Anyway, is it worth me writing to UU to state they are outside the time limit now for supply of the original CCA or is it not worth it, wait for court etc.

[42man]

Wait for court now I think Chris...

[chrismc]

Thankyou once again for your help.

[chrismc]

Update

 

Well for the last few weeks I have been calling the court for an update and for a date, early April just berfore I went away they told me verbally it was set for 14th May.

 

I got back yesterday and no documents from the court at all, so I called and they confirmed it is set for the 14th they sent out the papers but they did not get to me, so I asked them to photocopy them and I would call in to collect in person, this I have just done.

 

Scott Lees Solicitors and Vertex Data Science and United Utilities are now out of the time limits for my SAR and for my CCA request, so we go to court.

 

Any advice on a defence, apart from the obvious, I have not heard anything form any party concerned with this since the letter from Vertex 11th March stating they have in fact undertaken NO work on any accounts I have with them? yet they are the ones who issued a SD on me? go figure!

[42man]

Hi Chris......we'll get to the SAR later.

 

Don't forget to submit your costs to the court.....which you should do 24 hours before the hearing.

 

Use this form here - http://www.consumeractiongroup.co.uk/forum/dca-legal-successes/156641-capquest-statutory-demand-help-4.html - but change the title to Litigant In Person Costs

 

After some advice from a knowledgable legal person on here...

 

Charge the following

 

£6 per letter written + postage costs

I believe you are actually allowed to charge an hourly rate for your travel time too....

Parking charges

Charge them for time off work at your hourly rate.

Charge them £9.25 per hour for all the research you have done for example 10 hours research into Insolvency Act, 10 hours research into Consumer Credit Act.....

 

As for not complying with your SAR.....A letter before action is the next step and enclose a copy of the original letter and the recorded delivery slip.. - have a look here - http://www.consumeractiongroup.co.uk/forum/welcome-finance/195912-non-compliance-subject-access.html

 

When you go to court take several copies of all your paperwork, judges/court staff have been known to lose pieces of paper.

 

When you say 'defence' do you mean what to take with you to court ?

[42man]

When you get to court you show the judge just how disgusted you are at being given a demand for something that has nothing to do with you, their non compliance with a SAR, no response to an agreement request, no proof that the debt is statute barred....it's a complete joke.... and when it comes to costs quote the judge this case.

 

In support of my costs, I would also like to refer the court’s attention to the authority of the High Court in the case of:-

 

Hammonds (a firm) v Pro-Fit USA Ltd [2007] EWHC 1998 (Ch)

 

In this case, Mr Justice Warren confirmed that it was usual for an indemnity award to be made:-

 

27 So far as disputed debts are concerned, the practice of the court is not to allow the insolvency regime to be used as a method of debt collection where there is a bona fide and substantial dispute as to the debt. Save in exceptional cases, the court will dismiss a petition based on such a debt (usually with an indemnity costs order against the petitioner).

[42man]

Show the judge the paperwork you have from Vertex too....it's a complete shambles....

[42man]

Chris I also urge you to report them and the solicitors to the OFT too....

[42man]

I would also ask the judge to make an order of bankruptcy restriction on them and also ask the judge to order them to remove any adverse information that they have placed on your files too....

[42man]

And of course mention that they are in default of a request for a copy of your alleged agreement too...

[chrismc]

Thanks for all that 42man

 

Yes when I stated "When you say 'defence' do you mean what to take with you to court ?" I meant what do I need to take to court, I know most things are obvious, but was enquiring if there is any other ammunition I can use.

 

I will read over all your posts above shortly and come back if I have any questions.

 

Thanks again.

 

Chris

[chrismc]

Lots of good stuff there 42man, thanks again, just one more question, do I just take all my notes and paperwork top the court hearing, or do I have to lodge anythig with the court prior to the hearing at all, apart from my costs sheet that is?

[42man]

Take all your paperwork.....and some 'other' references to High Court Law with regard to Consumer Credit Agreements (let me know if you need to know which)

 

Just get the costs sheet in 24 hours before the hearing....multiple copies of ALL your paperwork too...(letters)...

[chrismc]

I've sent them a Letter Before Action today.

[42man]

Why ?

[chrismc]

Why ?

 

 

For non compliance with my Subject Access Request.

[42man]

Apologies Chris, I thought it was for another issue.....some good references here for SAR non compliance.. - http://www.consumeractiongroup.co.uk/forum/welcome-finance/195912-non-compliance-subject-access.html

[chrismc]

Thanks 42man I will be reading up on those and using them also.

[BigTom8]

I found this:

 

Vertex is a leading global BPO and customer management outsourcing business.

 

We provide a range of transformational service solutions including outsourcing, technology and consulting that deliver winning outcomes for our clients.

 

We work in partnership with clients in the retail, travel, telecomms, financial services, utility and public sectors to deliver operational and customer service excellence.

 

Our head office is near Liverpool and our 8650 employees are based in 75 locations across the UK, USA, Canada and India.

 

To find out more about our services in the US & Canada, visit www.vertexoutsourcing.com

 

Vertex Data Science Ltd are a BPO company and they have a subsidiary company called First Revenue Assurance (UK) Ltd whom in essence are the debt collecting arm of Vertex! So Vertex is the parent company of First Revenue Assurance (UK) Ltd and they in turn have a contract with Scott Rees solicitors to collect debts on their behalf. Hope that this helps? However, I can say that on occasion with this company they do not know who is actually doing what!

[BigTom8]

Vertex Data Science Ltd are a BPO company and they have a subsidiary company called First Revenue Assurance (UK) Ltd whom in essence are the debt collecting arm of Vertex and they buy old debts! So Vertex is the parent company of First Revenue Assurance (UK) Ltd and they in turn have a contract with Scott Rees solicitors to collect debts on their behalf. Hope that this helps? However, I can say that on occasion with this company they do not know who is actually doing what!