Help with Debt Collector Agency court case 'disclosure bundle' of 'evidence'

[future_81]

Dear All

Please can you help me with your thoughts, views, opinions and ideas as to whether the Alleged Agreement is enforceable.

Situation:- I've a Court date set for a multi-track court case with a well known Debt Collection Agency. The disclosure deadline has passed and the Claimant has belatedly sent me a 'bundle of evidence' including a statement I've never seen before.

The alleged 'evidence' includes:-

1. Transcript of notes of alleged telephone conversations and file notes - it doesn't say how the notes were produced;

2. Alleged Consumer Credit Agreement - one page headed 'Application Form' - (signed and dated - 1999 by debtor, no creditor signature);

3. Four separate pages headed Credit Card Agreement regulated by ...CCA 1974 (no signature / date and produced as a separate piece of evidence);

4. Copy account statement showing alleged date of last repayment dated 2005.

My questions:-

From the above 1) has anyone got an idea as to what else I can ask the Creditor to provide under disclosure rules? 2) What are the appropriate Disclosure paragraphs to quote when requesting further information please e.g. how the transcripts were produced. 3) there is no default Notice in the file - is this a significant omission? 4) one of the alleged credit agreement application forms has the debtor's name printed which means it was sent in the post and completed/signed at home before sending off for processing - are there implicaitons about whether the Agreement is enforceable?

 

I'd be very grateful for all your comments.

Many thanks and kind regards.

 

Future_81

[maroondevo52]

Hi,

 

Sorry, I can't really help you, but will move this thread to the Legal Issues Forum, you should get help in there.

 

EDIT: Thread moved.

 

Regards.

 

Scott.

Edited May 10, 2009 by maroondevo52

[I've got no money]

You need to apply for an Order for specific disclosure before we work out what you need to ask for can you post the following:-

1. Claim

2. Defence & any amendments

3. Directions Order

 

In the meantime you could have a look at CPR 31

 

http://www.justice.gov.uk/civil/procrules_fin/contents/parts/part31.htm

 

Who is the claimant - has the alleged debt been assigned

[GamekeeperToPoacher]

When you post the items please make sure that you remove identifying codes, names etc

 

GK

[future_81]

Thank you very much. I've no scanning apparatus at home, so I'll need to organise this so that I can post the documents. My apologies for this delay, please bear with me. Thanks once again.

 

Future_81

[GamekeeperToPoacher]

Hi Future,

 

You are learning already - don't panic!

 

GK