CSL court action threatened Help Please!

[dazza1011]

i have just received a letter from Credit Security Limited saying hey have tried to contact me

and unless they receive payment and a payment proposal by noon on the 10th of May

a claim will be prepared for issue at Aylsbury court for the debt.

 

i sent a letter by recorded delivery ( general debt letter template )

previously in March saying i knew nothing of the debt ( which i dont ) and have had no reply since.

 

what is my next port of call ?

 

also if it does go to court can i apply for it to be heard in my home town rather than travel down to aylsbury

[ashmk]

I think I am right in thinking that 'being prepared' is the same as 'may' or 'could'.

 

I am 'prepared' to win the lottery but I dont think it will happen anytime soon

 

More help will be along but in the mean time try not to worry to much about this nonsense.

[dcakiller]

sounds like a standard threat o gram, complain to oft and trading standards

[dx100uk]

ignore........

 

dca threat-o-gram fodder!

 

designed to make you respond...........hey guys we've found a mug...look he's even sent us a letter............

 

 

ignore!

 

dx

[Bazooka Boo]

Formal Complaint to these guys:Consumer Direct who will pass it directly to the OFT and TS.

 

Did you send the no knowledge letter recorded delivery?

If not, they will very immaturely say 'we never got it', so everything needs to be sent via recorded delivery, keep a note of costs, incl stationary, for any counter claim you might make against them.

 

Has CSL tried to contact you previously?

If not, then the letter is their deluded ramblings on, and any court action is a figment of their imagination.

 

If you really want to work for their money sending a request for the information they intend using in court, will send them running to mummy's apron strings.

 

FORMAL REQUEST FOR INFORMATION UNDER

CPR part 31.16

 

This request to be read in conjunction with enclosed letter dated **/**/****.

For your convenience I enclose a true copy of CPR 31.16 as a further attachment.

 

Dear Sirs

 

Account number

 

On **/**/**** I served you notice under Sec 10 of The Data Protection Act 1998 to cease and desist, not to start processing or to provide good reason as to why you might continue to process my data and share it with third parties in a manner which is causing me damage.

 

I enclose a copy of the original notice sent you under Sec 10 Data Protection Act 1998 for your convenience.

 

You responded with the incorrect assertion that you have right under Schedule 2 para 2(a) of the Data Protection Act 1998 since you believe me to be party to a contract with yourselves.

I have in the letter enclosed with this notice and cross referrenced to this notice set out the reasons why I feel you are incorrect in this assumption of right under contract.

I have also quite clearly stated that the overriding principles of this CPR 31.16 request are to establish the following:

 

1) Whether any such contract exists or has existed.

2) In the event that such contract exists whether your claim is compliant with the terms of that contract.

3) Whether any novation of a contract has occured in your favour from any contract ever entered into between Myself and **** OC ****

4) In the event that such contract or novation exists and contain contractual rights in your favour that I may immediately cease and desist from seeking litigation against yourselves in the matter.

5) In the event that such contract or novation does not exist that I may accurately assess the case with a view to establishing a cause for action.

6) In the event that such contract or novation does not exist that I may make informed assessment of the likelihood of success of any litigation I may bring.

7) In the unlikely event that I have entered into contract containing a provision or clause therin that the contract may be assigned to your company in its entirety without further involvement in the matter by myself, sufficient documentation should be provided in order that I might make informed assesment whether that assignment has been perfected in law and that such assignment is valid.

 

Your compliance with this request may well result in enforcement action being deemed unnecesary and/or unmeritorious by myself and is very likely to save both parties much time and inconvenience. It will also have an overbearing influence on any decision I might take in the future as to whether to seek enforcement so it is quite pertinent to state that much Court time and expense might be avoided by your complying with this simple request.

Since this matter as it stands now is likely to be subject to proceedings and given that your organisation is likely to be a defendant in any action which would be brought by me, i must draw your attention to Civil Procedure Rules part 31.16(3)©&(D) which gives the court the power to order you to disclose these documents to me.

 

I hereby formally request from yourselves the following documentation in order that the overriding principles of this lawful request may be met.

 

a) A true copy of any contract entered into between myself **** Your name **** and ***** DCA *****, such document to bear the signatures of both parties.

or.

b) Only if the document referred to as 'the contract' in (a) above cannot be produced then either of the following two documents:

(i) A sworn statement that such document does not exist.

or:

(ii) A true copy of any document of novation between the three parties namely myself **** your name ****,and ***** OC *****, and ***** DCA *****, such document to be bearing the signature of all parties to the original contract and the novation thereof.

or.

c) A true and signed copy of any contract agreement entered into at any time between myself **** your name ****, **** OC **** such agreement to be bearing the name of your company ***** DCA **** explicitly named as a third party to whom any rights under this contract may be assigned without the consent of both originating signatories to the contract.

and

d) A true copy of the deed or document of assignment of the account in question. Such document to have been executed in accordance with Sec 136 Law of Property Act 1925.

e) Proof that this assignment was lawfully perfected by virtue of a notice of assignment served in accordance with Sec 196 of the Law of Property Act 1925.

f) A copy of any contract of sale between **** OC **** and **** DCA *****. I permit this document to be reducted in order to remove any commercially sensitive information but am explicit that any terms of the contract purporting to pass rights to the original contract whether explicit or implied be left in their entirety.

g) Proof of purchase of this account from ***** OC ***** such proof to be dated.

h) In the event that any documentation mentioned in sections a) to g) of this request cannot be supplied; Written explanation as to why such documentation cannot be produced.

 

Failure to provide this information may result in me initiating litigation against yourselves without merit or unneccesarily and without further notice subject to the conditions I offer you in the accompanying letter.

 

Additionally i will ask the court to make an order for my costs in bringing this application and reserve the right to disclose all communications in this matter before the court should such an application become necessary

 

Please confirm by no later than 4pm on **** 14 days from date of issue ***** that you will comply with my request or if you will not comply, please provide your reasons in writing

 

Regards

 

XXXXXXXXXX And this:

 

Quote:

Disclosure before proceedings start

 

31.16

 

(1) This rule applies where an application is made to the court under any Act for disclosure before proceedings have started1.

 

(2) The application must be supported by evidence.

 

(3) The court may make an order under this rule only where –

(a) the respondent is likely to be a party to subsequent proceedings;

 

(b) the applicant is also likely to be a party to those proceedings;

 

© if proceedings had started, the respondent’s duty by way of standard disclosure, set out in rule 31.6, would extend to the documents or classes of documents of which the applicant seeks disclosure; and

 

(d) disclosure before proceedings have started is desirable in order to –

(i) dispose fairly of the anticipated proceedings;

 

(ii) assist the dispute to be resolved without proceedings; or

 

(iii) save costs.

 

 

 

(4) An order under this rule must –

(a) specify the documents or the classes of documents which the respondent must disclose; and

 

(b) require him, when making disclosure, to specify any of those documents –

(i) which are no longer in his control; or

 

(ii) in respect of which he claims a right or duty to withhold inspection.

 

 

 

(5) Such an order may –

(a) require the respondent to indicate what has happened to any documents which are no longer in his control; and

 

(b) specify the time and place for disclosure and inspection.

 

Thanks to Toulose LeDebt

[phoenix39]

They can prepare what ever they like in any court ... it would always be transferred to your local court anyway.

[dazza1011]

Formal Complaint to these guys:Consumer Direct who will pass it directly to the OFT and TS.

 

Did you send the no knowledge letter recorded delivery?

Yes the first letter was sent via recorded delivery

 

.

 

Has CSL tried to contact you previously?

If not, then the letter is their deluded ramblings on, and any court action is a figment of their imagination.

 

yes they have contacted me before to which i sent the first letter

 

If you really want to work for their money sending a request for the information they intend using in court, will send them running to mummy's apron strings.

 

Phew!! that lot just went over my head:confused:

[harrassed senior]

Had the identical letter several weeks ago - still waiting