Me v Tesco/Incasso - Appeal in process

[costa12]

Hi All,

 

Just a quick question on the AOS. The acknowledgement has to be submitted within 14 days of when? Is that 14 days after the date the claim was lodged with the cc, in my case 14th December, or is it within 14 days after I received the claim form, that was on 18th December?

 

Further to the CPR requests, I am about to draft the letters following the templates provided by M. Which company details should I put on them? Should it be Tesco, who the loan agreement was with, or should it be Incasso, who have filed the claim? Also, what is the exact timescale to post them?

 

Thanks once again for the assistance. Also, MandM, been reading your Egg thread. It makes interesting reading.

 

Costa

[MandM]

Hi Costa, i believe it's 14 days plus postage (so when you got it).

 

Personally, i wouldn't risk missing any court deadlines. You should have got some notes with the POC that explains these things (can't find one ATM as i'm at work)

 

If no-one else says different then stick to 14 days to be sure.

 

M

[costa12]

Hi M,

 

Thanks for info. After I posted I thought to look at notes with the cc. It is 14 days from issue, plus 5 days for post. It gives me until 2nd Jan. However, it will be done well before that!

 

Costa

[MandM]

:D:D

 

No probs. Will be on over Christmas so any Qs then give me a shout. If I don't know the answer i'll find you a 'man that can'.

 

Have a happy Christmas

 

M

[costa12]

Hi

 

Just been reading a different forum concerning invalid default notices and was interested to see some info on the time periods required to settle arrears etc. This takes me back to MandM's point about the time period afforded to me on the DN issued by Tesco. I believe that a DN is deemed to be served after two working days, the 25th September (the day the DN was issued) was a Friday, therefore Sat and Sun do not count. Take Mon and Tues to allow for postage and so the first day of the 14 day period starts on the Wednesday 30th September. They've undercut me on time due to the latest payment date being 12th October.

 

Am I correct in this thinking? And if this is correct does it add any weight to my defence etc?

 

One last question, under which Act and section must DNs be issued?

 

Thanks

 

Costa

[MandM]

Hi

 

Just been reading a different forum concerning invalid default notices and was interested to see some info on the time periods required to settle arrears etc. This takes me back to MandM's point about the time period afforded to me on the DN issued by Tesco. I believe that a DN is deemed to be served after two working days, the 25th September (the day the DN was issued) was a Friday, therefore Sat and Sun do not count. Take Mon and Tues to allow for postage and so the first day of the 14 day period starts on the Wednesday 30th September. They've undercut me on time due to the latest payment date being 12th October.

 

Am I correct in this thinking? And if this is correct does it add any weight to my defence etc?

 

One last question, under which Act and section must DNs be issued?

 

Thanks

 

Costa

 

Hi Costa.

 

DN sounds good to me. Keep that up your sleeve. No need to bring that up quite yet. I'm assuming they've terminated too - did you get a letter confirming this?

 

DNs are issued under sect. 87 (i) of the CCA.

 

M

[costa12]

Hi M,

 

Not had a termination, or not that I know of. Will check the file in the morning. Thanks for the section of the CCA. Shall have a read of that.

 

Costa

[MandM]

If you look in my thread vs Egg Loan you'll find a good post by Magda that gives you a link to all the relavant regs.

 

If you haven't got that termination letter then i'll send you a link so that you can accept their unlawful termination and cast that DN in stone as they're taking you to court now.

 

With regards the content of the DN the format is laid out in the Consumer Credit Act (Enforcement, Default & Termination Notices) 1983.

 

Sleep well.

 

M

[costa12]

Checked the filed paperwork this morning and found no termination letter or any reference to termination in any of the other letters I have from Tesco or Incasso.

 

Will probably need that link you mentioned M.

 

Cheers, Costa

[costa12]

Hi All,

 

Hope everyone is enjoying the festive period and I'd like to take this opportunity to wish everyone on CAG a very Happy 2010 .

 

Moving on to other matters. I have just done the AOS online and printed off the completed form for my records. I said that I would be defending all of the claim. So what is my next step/steps? I realise that the AOS extends the time period for me to submit my defence. Which by my calculations takes me upto 16th January. So is it now the time to send the CPR letters? If so I'll get the ones I have already drafted posted here for the forum experts to check over.

 

Best wishes,

 

Costa

[MandM]

Hi Costa, and a merry christmas to you too.

 

Yes, CPR next and prepare your defence.

 

have a read of Pumpy's thread, at a similar stage to yours and the defence has been developed rather nicely .

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/236115-pumpytums-goes-northampton-help.html

 

Any probs then post up.

 

M

[costa12]

Hi M,

 

Thanks for the valuable info one again. Had a quick browse of the thread you mentioned. Will have a more in depth look later. Thanks again.

 

Costa

[costa12]

Hi M,

 

Had a more in depth read of Pumpy's thread. Certainly see parallels with my situation and I have taken on board all the relevant info in the posts.

 

Returning to my thread. I am about to draft my CPR letters and I need a bit of help with the CPR 31.14 letter. The letter is requesting that the Claimant produces true copies of all the documentation used to support their claim and that it is the documents mentioned in the POC. Well if you look back to the link to my POC, no specific documents are mentioned ie. 'the claimants claim is in respect of monies due pursuant to an account maintained with the claimant'.

 

When drafting the letter, which documants should I request from them?

 

When is the best time to send the letters? I believe the cut off point for the AOS was 2nd January and having now done the AOS I calculate that my defence must be submitted by 16th January.

 

All help will be much appreciated as always.

 

Costa

[MandM]

Hi M,

 

Had a more in depth read of Pumpy's thread. Certainly see parallels with my situation and I have taken on board all the relevant info in the posts.

 

Returning to my thread. I am about to draft my CPR letters and I need a bit of help with the CPR 31.14 letter. The letter is requesting that the Claimant produces true copies of all the documentation used to support their claim and that it is the documents mentioned in the POC. Well if you look back to the link to my POC, no specific documents are mentioned ie. 'the claimants claim is in respect of monies due pursuant to an account maintained with the claimant'.

 

When drafting the letter, which documants should I request from them?

 

When is the best time to send the letters? I believe the cut off point for the AOS was 2nd January and having now done the AOS I calculate that my defence must be submitted by 16th January.

 

All help will be much appreciated as always.

 

Costa

 

Hi Costa, I see what you mean!!! The template says "delete if not mentioned on the POC" and yours mentions none!

 

i read it as numbers 1, 3 and 4 staying in and adding the wording to each along the lines of ".............upon which the claimants case relies upon" or words to that effect.

 

Put it together and post it up and i'm sure you'll get further comment. It would be handy to get more comments as this is around the £30k region (for the benefit of those reading this thread for the first time) so more help from some of the more knowledgeable chaps and ladies on here would be much appreciated.

 

CPR 18 gives them 14 days and CPR 31.14 gives them 7. So i'd get the CPR 18 off soon as you like then the 31.14 can delay for a few days whilst you get further comments.

 

So, post up 31.14 for comment, you have more time on that still and there's plenty of us off work this week that'll be able to look at it with you. Maybe aim to send it off this time next week.

 

M

[babybear39]

Subscribing with great interest...(for support only I'm affraid)

[costa12]

Hi M,

 

I've posted my CPR 31.14 draft letter below. Any comments welcome. I'll send the CPR 18 by recorded delivery on Tuesday and aim to get the CPR 31.14 away on Saturday 2nd January or Monday 4th January at the latest.

 

Dear Sir,

 

Re: XXXXXXXXX v XXXXXX Case No:XXXXXXXX

CPR 31.14 Request

 

On 18th December 2009 I received the Claim Form in this case issued by you out of the Northampton 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.

 

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 documents mentioned in your Particulars of Claim:

 

1. the agreement upon which the claimants case relies upon. 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 default notice upon which the claimants case relies upon .

 

3. the termination notice upon which the claimants case relies upon .

 

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

XXXXXXXXXX (sign or print?)

Thanks for the help.

Costa

[costa12]

Thanks for the support Babybear:)

[supasnooper]

Personally, I wouldn't delay sending the CPR 31.14 request.

 

If Incasso fail to respond, then you'll be able to mention their ignorance in the defence.

 

BTW here's the timescale for submission of your defence -

 

How long do I have to file a response to my claim?

 

Counting from the date of issue -

Acknowledgement of Service:

5 Days (service) + 14 Days = 19 Days. (An Acknowledgement of Service gives 14 days extra from the date of service to file a defence).

 

Defence, after filing Acknowledgement of Service:

5 + 14 + 14 = 33 Days in total.

[costa12]

Thanks supasnooper.

 

Costa

[sheena01]

Subbing- but only just started my journey- support only Im afraid

[MandM]

Hi costa,

 

CPR looks good, Super's knowledge far outweighs mine so don't delay too long, but leave it up for a day or 2. Can't post it till Tuesday as no post and i'm sure you'll get more comments.

 

M

[costa12]

Welcome Sheena.

 

Costa

[costa12]

Quick question.

 

Should I sign at the end of the CPR letters or just print my name? I have read differing opinions for signing or printing your name.

 

Costa

[supasnooper]

I wouldn't sign the CPR letters but if you want to, you could sign them and put a line through it so you know the difference.

[costa12]

Hi All,

 

CPR letters posted special delivery today. Now it's time to start preparing my defence I suppose. It will be interesting to see what I get in reply from Incasso!

 

Been reading other threads, where Incasso are involved, and it seems that they like to pass on their 'dirty work' to other solicitors once the going starts to get a little bit tough ie. people sticking up for themselves and their rights.

 

Any help with my defence will be received with great appreciation.

 

Costa