Pumpytums goes to Northampton Help Please!

[pumpytums]

Hi everyone,

slight movement on the above. I have received a response to my CPR's, the letter has no mention my request just the date of letter. The only things contained within were a copy of my CCA which although enforceable at first glance has a major problem, a random selection of incomplete statements for the last year. They have also enclosed their "hello we own it" letter which is not fromm the original OC.

 

The part that makes me laugh however is the statement "this is all the documentation we have". So basically they have no DN, no NOA, no full statements, an incomplete CCA and have decided to add charges and interest on a Consumer credit agreement.

 

What should I do now? I have filed an embarresed defence as nothing was sent. The clock is ticking do they have to file an updated POC within 28 days?

 

Pumpytums

[Docman]

If you filed the embrassed defence as above BEFORE you received the response to your CPR request, then IMO you sit back and wait to see if they respond to the court and your defence. Until then its a waiting game.

 

The Northampton court should transfer the claim to your local court and you will go to the next stage of 'Allocation Questionaires'.

[pumpytums]

Thanks Docman

 

 

Pumpytums

[pumpytums]

Well not much to report, I had a nice letter today from them saying that if I signed the attached letter they would happily proceed to judgement and get a charging order on my property.

 

Their numptyness knows no bounds. Still no sign of full CCA, DN, NOA from OC.

 

Pumpytums

[MandM]

And you're not going to accept. Can't believe it LOL.

 

Probably looking for a quick way out. They'll have to fork out 300 quid for the AQs next

[pumpytums]

And you're not going to accept. Can't believe it LOL.

 

Probably looking for a quick way out. They'll have to fork out 300 quid for the AQs next

 

Shame they didnt enclose a freepost envelope that could have swung it.

 

Seriously though I wonder how many people sign thinking its for NOT getting a judgement.

 

Pumpytums

[pumpytums]

Hi everyone,

OK I have my allocation questionnaire through.

 

I'm going for the standard set by PT2537 (Thanks )

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/131499-directions-n150-n149-allocation.html

 

Just a quick question. I want to see all the statements for the history of the account as I believe they no longer exist.

 

Would it be acceptable to put :-

 

"Copies of any statement including full details of all totals & charges or other document relied upon."

 

or would it be OK to put

 

"Copies of any statement or other document relied upon"

 

as at the end of the day each statement references the preceding months one.

 

 

I also have it in writing that the DCA does not have the required documents after their laughable response(s) to by CPR 31.14 & 18.

 

 

Thanks

 

Pumpytums

[MandM]

Pumpy,

 

Have a look here also;

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/238913-me-tesco-incasso.html

 

M

[pumpytums]

Pumpy,

 

Have a look here also;

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/238913-me-tesco-incasso.html

 

M

 

 

Thanks M&M,

I will have a read of the thread.

 

On another note I now have in my possession the T&C. They are nearly correct but one section on CCA refers to the wrong condition.

 

So my question is on my AQ would it be advisable to leave the entry in :-

 

"Copies of the Credit Agreement and any documents referred to within it which complies with the consumer Credit Act 1974 and all subsequent regulations, which the claimant seeks to rely upon"

 

I'm guessing that they may respond that these have been sent which works for me.

 

I think my question is would it harm the case in anyway to leave the above in my AQ? I know I have them, they now I have them I just want them to put it in their witness statement and not try to pull something out the bag down the line.

 

I suppose I can always use the fall back that the date on the POC does not match the CCA they sent, hence my repeated request.

 

 

I hope the above makes sense.

 

Pumpytums

[MandM]

Yes, leave in. And what they will do is reissue the same again with the AQ. I'm a long way ahead of you on my Egg Loan and I still haven't got the correct T&Cs. It will give me some fun in court at least .

 

You'll get the chance to highlight why you think they're the wrong T&Cs when you submit your defence. I did this and the judge got confused and issued further directions - so they issued the same set again lol.

 

M

[pumpytums]

Yes, leave in. And what they will do is reissue the same again with the AQ. I'm a long way ahead of you on my Egg Loan and I still haven't got the correct T&Cs. It will give me some fun in court at least .

 

You'll get the chance to highlight why you think they're the wrong T&Cs when you submit your defence. I did this and the judge got confused and issued further directions - so they issued the same set again lol.

 

M

 

 

Thanks again M,

[pumpytums]

Ok here we go

 

 

 

Draft Order for Directions

 

 

 

The Claimant shall within 14 days of service of this order file and serve the following:

• True copies of the Complete Credit Agreement as per the claimants Particulars of Claim and any documents specifically referred to within it which complies with the consumer Credit Act 1974 and all subsequent regulations, which the claimant seeks to rely upon
  
• Default Notice as per the claimants Particulars of Claim compliant with s87 (1) Consumer Credit Act 1974 and Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983 (SI 1983/1561) as amended,
  
• Document, contract or deed of assignment
  
• Notice of assignment, with proof of service of the same compliant with s196 of the Law of Property Act 1925.
  
• Actual copies of all original statements for the duration of the alleged agreement, used to establish a balance on the claimants Particulars of Claim. With complete breakdowns of any charges applied.
  

If the Claimant fails to comply with this order, the claim will be struck out without further order.

 

 

The Defendant shall within 14 days thereafter file and serve the following

• An amended defence sufficiently particularised in response to the documents supplied by the claimant
  

Section G - other information

 

If the court is in agreement, the defendant respectfully requests that special directions may be given as per the attached draft order.

 

The defendant proposes these directions in mind of the Overriding Objectives, and in particular the duty of the parties to help the court further them. The issues outlined below are the crux upon which this claim rests, and the proposed directions identify these issues and will allow them to be assessed in advance of the hearing so that this claim may proceed justly and expeditiously;

 

without production of the requested documents, I am at a disadvantage and am unable to serve a proper defence. Failure of the claimant to supply the requested documentation will make the case much harder for the court to deal with as without production of the requested documentation will inhibit the courts ability to deal with the case

 

The House of Lords in the case of Wilson v First County Trust Ltd - [2003] All ER (D) 187 (Jul) made it clear in paragraph 29 of LORD NICHOLLS OF BIRKENHEAD judgment

 

29. The court's powers under section 127(1) are subject to significant qualification in two types of cases. The first type is where section 61(1)(a), regarding signing of agreements, is not complied with. In such cases the court 'shall not make' an enforcement order unless a document, whether or not in the prescribed form, containing all the prescribed terms, was signed by the debtor: section 127(3). Thus, signature of a document containing all the prescribed terms is an essential prerequisite to the court's power to make an enforcement order. The second type of case concerns failure to comply with the duty to supply a copy of an executed or unexecuted agreement pursuant to sections 62 and 63, or failure to comply with the duty to givenotice of cancellation rights in accordance with section 64(1). Here again, subject to one exception regarding sections 62 and 63, section 127(4) precludes the court from making an enforcement order.

 

Its is respectfully requested this case be allocated to the small claims track, it is a straight forward case and is easily resolved on production of the required documentation by the claimant, should the claimant not have the documentation required to progress this case I suggest that there will be no case to answer

 

Therefore it stands to reason that this document must be disclosed before this case can progress any further.

 

pretty standard stuff I have tweaked the draft slightly from others (thanks)

 

 

Is it ok to repeatdly mention "as per the claimants particulars of claim" basically I want them to produce the agreement for the date they have said which the cannot as they have the wrong date. Its small but I want them to admit their mistakes. Likewise with the T&C.

 

 

I want to undermine their credability.

 

 

Should I mention my CPR requests at this stage ant the time taken to not reply fully?

 

 

Pumpytums

 

Pumpytums

[pumpytums]

Polite bumpage,

can anyopne comment on adding a copy of my CPR18 request that was sent last year please? Would it be worth giving proof of postage or just give them some more rope?

 

 

Pumpytums

[MandM]

Have a peek at costa's thread where AQs have been filed and the OC has been pretty poor with regards to CPR. You should certainly try and use their short comings to your advantage.

 

M

[angel_1]

hiya Pumpytums

 

have subbed if i may please and wishing you lots of luck , from where you have started you have come a huge way

 

i am learning something again from others here

 

keep positive laters angel x:)

[pumpytums]

Thanks for your support Angel.

 

Pumpytums

[MandM]

Hi PT,

 

costa's thread reaches another level today so you may want to have a look in and see if it has any relevance to your situation.

 

Going for SJ for non compliance with a S77 request, but more relevant to you is the 'alternative' SO for non compliance with CPR. Might be worth looking in later and see if you can pick anything up from it.

 

We've also had to play around with it a bit to keep it out of Multi track but that's another story lol.

 

Hope you're well.

 

M

[pumpytums]

Hi everyone,

firstly I have received a date for my hearing early this week.

 

What happens at the hearing? Is it just to discuss why I requested information.

 

I submitted my AQ requesting the usual, agreement, T&C, DN, NOA. I also included my original letter asking for info under CPR 16 & CPR 31.14.

 

 

 

Draft Order for Directions

 

 

 

The Claimant shall within 14 days of service of this order file and serve the following:

• True copies of the Complete Credit Agreement as per the claimants Particulars of Claim and any documents specifically referred to within it which complies with the consumer Credit Act 1974 and all subsequent regulations, which the claimant seeks to rely upon
  
• True copy of the Default Notice as per the claimants Particulars of Claim compliant with s87 (1) Consumer Credit Act 1974 and Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983 (SI 1983/1561) as amended,
  
• Document, contract or deed of assignment
  
• Notice of assignment, with proof of service of the same compliant with s196 of the Law of Property Act 1925.
  
• Actual copies of all original statements for the complete duration of the alleged agreement, used to establish a balance on the claimants Particulars of Claim. A detailed financial breakdown of how any charge was calculated, and what the charge covers.
  

If the Claimant fails to comply with this order, the claim will be struck out without further order.

 

 

The Defendant shall within 14 days thereafter file and serve the following

• An amended defence sufficiently particularised in response to the documents supplied by the claimant
  

 

Blah -v- Pumpytums

Claim No: xxxxxxxxxx

 

 

 

N149 Allocation Questionnaire

 

 

 

 

Section G - other information

 

If the court is in agreement, the defendant respectfully requests that special directions may be given as per the attached draft order.

 

The defendant proposes these directions in mind of the Overriding Objectives, and in particular the duty of the parties to help the court further them. The issues outlined below are the crux upon which this claim rests, and the proposed directions identify these issues and will allow them to be assessed in advance of the hearing so that this claim may proceed justly and expeditiously;

 

without production of the requested documents, I am at a disadvantage and am unable to serve a proper defence. Failure of the claimant to supply the requested documentation will make the case much harder for the court to deal with as without production of the requested documentation will inhibit the courts ability to deal with the case

 

The House of Lords in the case of Wilson v First County Trust Ltd - [2003] All ER (D) 187 (Jul) made it clear in paragraph 29 of LORD NICHOLLS OF BIRKENHEAD judgment

 

29. The court's powers under section 127(1) are subject to significant qualification in two types of cases. The first type is where section 61(1)(a), regarding signing of agreements, is not complied with. In such cases the court 'shall not make' an enforcement order unless a document, whether or not in the prescribed form, containing all the prescribed terms, was signed by the debtor: section 127(3). Thus, signature of a document containing all the prescribed terms is an essential prerequisite to the court's power to make an enforcement order. The second type of case concerns failure to comply with the duty to supply a copy of an executed or unexecuted agreement pursuant to sections 62 and 63, or failure to comply with the duty to givenotice of cancellation rights in accordance with section 64(1). Here again, subject to one exception regarding sections 62 and 63, section 127(4) precludes the court from making an enforcement order.

 

Its is respectfully requested this case be allocated to the small claims track, it is a straight forward case and is easily resolved on production of the required documentation by the claimant, should the claimant not have the documentation required to progress this case I suggest that there will be no case to answer.

 

Therefore it stands to reason that this document must be disclosed before this case can progress any further.

 

On another note but very relevant to this thread, tomorrow is payday and hence time to issue the relevant company (OC) with a court claim, failure to send my data under the data protection act.

 

So it may get interesting soon.

 

 

Pumpytums

[MandM]

Hi Pumpy,

 

What hearing? Is there an order from the court giving details?

 

M

[pumpytums]

Hi mate,

nope simply please attend the hearing at blah 40mins have been allocated.

 

Thats it. No response to my directions nothing.

 

Maybe it's just to get things in line and after it they will say ok produce X within Y days.

 

Pumpytums

[pumpytums]

The claimant (assignee) is stuffed (hopefully) no DN ever received, random statements months missing, NOA not correctly delivered. Charges added by assignee,OC and miss-sold PPI. And of course the missing "Right". They have even put the total for the claim on my Credit file.

 

Having looked at other threads GE seem to have lost a load of data, and my info may have gone too. I'm having to take them to court as they refuse to answer my letters and respond correctly to my SAR.

 

Pumpytums

 

Out

[pumpytums]

Hi everyone,

I think I'm stuffed I was going to use the fact that no cancellation rights were given even though they were inferred in the T&C.

I Quote "If this agreement was not signed in store you may have extended cancellation rights in certain circumstances"

I think this may be a bad way to go after reading the Rankine v MBNA case. The problem is does the above from the t&c help me, I can accept the T&C but they are incorrect for the card.

 

I will do a quick breakdown of events

 

1. Card taken out before 2007 with PPI

2. I fall behind with payment due to job change

3. Account is sold in 2009, no Dn issued no DN on CRA

4. I CCA assignee eventually it turns up no T&C no cancellation rights

5. I write to OC for SAR info

6. I write to assignee asking for T&C say they will try, I also ask for info to make token payments.

7. Assignee issues claim.

8. DN, agreement, NOA and breakdown of total asked for via CPR 31.14 & 18

9. No DN, correct total and correct T&C received

10. File embarrassed defence due to CPR failure

11. AQ stage I request correct CCA as dated in POC, DN, NOA with proof of delivery, breakdown of total and correct T&C. I give directions.

12. Hearing is given in approx 4 weeks from now. No directions nothing.

 

 

Additionally still no response to SAR so I'm taking them to court because of failure.

 

Can anyone please help me? I'm at a loss what to do now.

 

 

Pumpytums

[vjohn82]

Who is the Claimant?

[pumpytums]

Everyones special friend Stink Financial.

 

Pumpytums

[MandM]

Hi Pumpy,

 

First thing's first, ring the court if necessary and find out what the hearing is for. Does the order mention Case Management Conference? Is it on a court order or a letter? I'm confused.

 

M