Me v Tesco/Incasso - Appeal in process

[costa12]

Hi All,

 

I have been in a DMP with Payplan since June this year. Made all payments on time and no significant hassle from any of my creditors except - Tesco. I took out a loan with them in October 2008. At the time I was in a very well paid job and so the loan was for £25,000. However, like many other people who use this forum, my circumstances changed for the worse. The original monthly payment to Tesco was about £400, my reduced payment with Payplan is £260 per month. I believe this to be a reasonable amount!

 

Got the usual letters from Tesco and Triton. Even spoke to Tesco. I've also spoken to Payplan and let them know the facts.

 

Account has now been passed to those 'lovely people' at Incasso. Received a letter from them towards the end of November demanding full payment of outstanding amount of loan, £30,000+. Informed Payplan, but also thought it was time to sort the situation myself.

 

CCA'd Incasso on 30th November. Tracked the special delivery and they signed for letter on 1st December. No news until today. Low and behold no CCA just a County Court Claim (Northampton). Having read many threads on this forum it did not come as any surprise to receive this 'joyous festive news'.

 

I believe I now have to achnowledge the claim form. What should be my next actions? I am determined that these shysters are not going to get the better of me!

[MandM]

Hi Costa, welcome to Cag.

 

You're quite correct. start by acknowledgement of service. As its Northampton I assume you're ok to do this is online. Can you post up the Particulars of Claim (less any personals)

 

M

[MandM]

my reduced payment with Payplan is £260 per month.

This sounds quite high. have you thought about coming off of payplan and sorting out yourself? Not everyones cup of tea but plenty of us on Cag do our own.

 

Also, IMO your account is now in dispute as the 12+2 days has well passed so you're within your rights to stop paying them (happy christmas )

 

M

[MandM]

You need to prepare with the following with regards to the Summons;

 

CPR 31.14, CPR 18 and an embarressed defence. If you don't understand any of that I'll happily point you in the right direction - just shout!

 

In the meantime, read as much as you can around these forums. Try and read threads that relate to your own predicament.

 

Again, happy to point you the right way so you can decide what best suits your needs,

 

You'll get a lot of support here but it's best to put a few evenings reading into it yourself and you'll deal with this pretty easily.

 

How much is the POC for? Is it over 25k?

 

M

Edited December 18, 2009 by MandM
added a bit

[costa12]

Hi M,

 

Thanks for your prompt reply. All help will be much appreciated. The POC is for £30,000+. I'll post all other info requested in the a.m. I am able to acknowledge on line. Also I've some idea about the CPR's you mentioned. However, will need a little help with wording. Also not sure about the 'embaressed' defence. I have thought about leaving Payplan. I feel I need to be in control of my financial affairs, and not rely on a 3rd party.

 

Thanks again.

[MandM]

Hi M,

 

Thanks for your prompt reply. All help will be much appreciated. The POC is for £30,000+. I'll post all other info requested in the a.m. I am able to acknowledge on line. Also I've some idea about the CPR's you mentioned. However, will need a little help with wording. Also not sure about the 'embaressed' defence. I have thought about leaving Payplan. I feel I need to be in control of my financial affairs, and not rely on a 3rd party.

 

Thanks again.

 

OK. Will post up the CPR bits you need. Personally, I wouldn't send them off until after the AOS is done (just after the 14 day mark is good). Reduces their chances of coming up with a response in good time (let's not help them too much ).

 

If you're over 30k then it will be Multi-track if it proceeds so you'll need some help with that in mind. No need to worry about that - you will get good advice.

 

I'm a firm believer that coming away from PP is a positive step - Your choice but with a bit of help on here you can manage it just fine yourself (I do btw)

 

M

[MandM]

Adjust to suit, if in doubt then ask or post up what you've done.

 

Also, get the POCs up ASAP

 

Dear Sir,

 

Re: (Claimant's name) v (Your name) Case No:

CPR 31.14 Request

 

On (date) I received the Claim Form in this case issued by you out of the (Name) County Court.

 

I confirm having returned my acknowledgement of service to the court in which I indicate my intention to contest all of your claim.

 

[Prior to the issue of proceedings I had delivered a request for the production of the agreement mentioned in the Claim Form and on which you rely. That request was ignored][delete if no such request was delivered]

 

Please treat this letter as my request made under CPR 31.14 for the disclosure and the production of a verified and legible copy of [each of the following / the] document(s) mentioned in your Particulars of Claim:

 

1 the agreement. You will appreciate that in an ordinary case and by reason of the provisions of CPR PD 16 para 7.3, where a claim is based upon a written agreement, a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the original(s) should be available at the hearing. Further, that any general conditions incorporated in the contract should also be attached.

 

2 the assignment*

 

3 the default notice*

 

4 the termination notice*

 

5 [any other documents mentioned in the Particulars of Claim]*

 

* delete if not mentioned in the Particulars of claim.

 

[Although your claim is for a sum which is not more than £5,000.00 and will in all likelihood be allocated to the small claims track for determination upon my delivering a defence, at this moment in time I have not delivered my defence and the case has not been allocated to a track. In consequence the provisions of CPR 27(2) are of no effect and you should not seek to avoid compliance with your CPR 31 duties by claiming otherwise]#

 

# delete if claim for a sum exceeding £5,000.00

 

You should ensure compliance with your CPR 31 duties and ensure that the document(s) I have requested are copied to and received by me within 7 days of receiving this letter. Your CPR 31 duties extend to making a reasonable and proportionate search for the originals of the documents I have requested, the better for you to be able to verify the document's authenticity and to provide me with a legible copy. Further, where I have requested a copy of a document, the original of which is now in the possession of another person, you will have a right to possession of that document if you have mentioned it in your case. You must take immediate steps to recover and preserve it for the purpose of this case.

 

Where I have mentioned a document and there is in your possession more than one version of that same document owing to a modification, obliteration or other marking or feature, each version will be a separate document and you must provide a copy of each version of it to me. Your obligations extend to making a reasonable and proportionate search for any version(s) to include an obligation to recover and preserve such version(s) which are now in the possession of a third party.

 

In accordance with CPR 31.15© I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.

 

If you require more time in which to comply with this request you must tell me in writing. You must tell me before the time for compliance with this request has expired. In telling me you require more time you must tell me what steps you have taken and propose to take in order to comply with this request and also state a date by when you will comply with this request. In addition your statement must be accompanied with a statement that you agree to an extension of the time for me to file my defence. Your extension of time must be not less than 14 days from the date when you say you will have complied with my request and you must state the new date for filing my defence.

 

If you are unable to comply with this request and believe that you will never be able to comply with this request you must tell me in writing.

 

Please note that if you should fail to comply with this request, fail to request more time or fail to agree to an extension of time for the filing of my defence, I will make an application to the court for an order that the proceedings be struck out or stayed for non-compliance and a summary costs order.

 

I do hope this will not be necessary and look forward to hearing from you.

 

yours faithfully

 

------------------------------------------------------------------------

 

In the XXXX County Court

Claimant -v- (YOUR NAME)

Claim Number: (CLAIM NUMBER)

 

 

Dear XXX

 

REQUEST FOR INFORMATION CPR 18

 

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.

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. 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.

d.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).

e. 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.

f. 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.

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

h. 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.

i. 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).

 

Send by Recorded Delivery.

 

These are not my own but compliments of 42man and Hungrybear, both top-notch so again, tried and tested advice.

 

Will sort your ED when POCs are up. Don't send the above quite yet.

 

M

[MandM]

btw, are there any PPI or charges involved .

 

Also,if you're now going to handle your own finances it would be good to start a new thread for each issue. Makes it all much easier to deal with and keep track of.

 

M

[MandM]

And can you take a look at this and sign up if you're happy,

 

Thanks

 

M

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/236823-urgent-issue-has-affected.html

[costa12]

Have scanned POC. What is the best way to attach to post for people to view?

[MandM]

Hi costa,

 

Use photobucket. (google it, it's free)

 

You can use it to edit out your personals. If in doubt have a practice on a new thread. Head it as 'Practice' and the Site Team will delete it when you're done.

 

M

[costa12]

Here is the POC.

 

 

 

Hopefully it will work!

 

Not had time yet to acknowledge claim. Will do so tomorrow online. Is there anything else I need to know about this procedure before I do it?

 

Many thanks.

Edited December 19, 2009 by maroondevo52
Removed poc

[MandM]

take the claim number off

 

Might want to blank out the amounts too as they could identify you and prob that reference number under their details.

 

Have alerted site team for you so you will need to re-post it

 

M

Edited December 19, 2009 by MandM
added a bit.

[MandM]

Was that it for the POC? Have you blocked anything else out on their 'claim' part?

 

You have 14 days to do AOS so don't panic (as long as you're not late).

 

Adhering to the courts dates is of the highest importance so always keep that in mind.

 

Have you any further paperwork from them leading up to this i.e. Default Notice, Termination of Account letter etc.

 

M

[costa12]

Hi M,

 

Edited scan as you recommended. New link below.

 

http://i968.photobucket.com/albums/ae163/neverist_photos/claim.jpg

 

I'd not removed anything from their claim section until you just told me.

 

The first scan was their original copy.

 

Costa.

[MandM]

ok stay put, just switching to laptop

 

M

[MandM]

Hi M,

 

Edited scan as you recommended. New link below.

 

http://i968.photobucket.com/albums/ae163/neverist_photos/claim.jpg

 

I'd not removed anything from their claim section until you just told me.

 

The first scan was their original copy.

 

Costa.

 

Does appear to be one of the worst POCs i've seen so far lol. Just says you owe me £30k. Not brilliant.

 

So, what else do you have that you can post up?

 

M

[costa12]

Hi M,

 

I've got DN etc. filed away. I'll dig them out and post in the a.m. if ok.

 

Thanks again.

 

Costa

[MandM]

 

Not had time yet to acknowledge claim. Will do so tomorrow online. Is there anything else I need to know about this procedure before I do it?

 

Many thanks.

 

For now IMO you'll be defending ALL. You'll now have many months of lots of paperwork. I've put below a link to my first thread on here which is a loan with Egg for 25k from April 08 so similar amounts and circumstances. Forgive my lack of understanding on the early posts - as I said it was my first thread and I had no idea of what to do. So read read read as much as you can take in.

 

It also shows you the support you'll get on this site. Remember - they've taken you to court so it's up to them to prove you owe the money (not as easy as it sounds).

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/224300-mandm-egg-loan.html

 

M

[MandM]

Hi M,

 

I've got DN etc. filed away. I'll dig them out and post in the a.m. if ok.

 

Thanks again.

 

Costa

 

No hurry at this stage. Have a nice evening :D:D

 

M

[GirlAloud]

Interesting thread I have just had the 14 day letter from incasso demanding payment.

[costa12]

Thanks for the interest GirlAloud. I am sure there will be more to follow.

 

Posted below is link to DN.

 

http://i968.photobucket.com/albums/ae163/neverist_photos/DN1.jpg

 

http://i968.photobucket.com/albums/ae163/neverist_photos/DN2.jpg

 

Any help or views on the DN will be much appreciated.

 

Costa.

[MandM]

Did you keep the envelope for the DN? as the amount of time they gave you to remedy seems tight.

 

M

[costa12]

Sorry M did not keep envelope. However, since I started reading the threads on CAG I now see the relevance of keeping the envelopes!

 

Costa

[MandM]

Sorry M did not keep envelope. However, since I started reading the threads on CAG I now see the relevance of keeping the envelopes!

 

Costa

Never used to keep mine either

 

M