wescot have been sent claim form n9a and n9b - help

[mojo786]

had letter from northampton county court for a debt of over £1000, it says the debt was sold by EOS who i dont recognise to wescott.

have checked my credit file not on there and am thinking they are chasing a statue barred debt.

 

looking for advise for nxt step as i have been sent claim form n9a and n9b

 

thanx in advance

[dx100uk]

defend all.

 

can you scan the front page please.

 

he required letters/agreements/sheets - as a picture[jpg] file

don't forget you can use a mobile phone or a digital camera too!!

or

convert existing PC files to PDF [office has an installable print to PDF option]

.

'

BUT......

ENSURE: remove all pers info inc. barcodes etc using paint program

but leave all figures and dates. {DO NOT USE A BIRO OR PEN]

.

goto one of the many free online pdf converter websites

it would be better to upload a multipage pdf if

you have many images too rather than many single pdfs

.

or if you have PDF as an installed printer drive use that

or use word and save as pdf

.

open a new msg box here

hit go advanced below the msg box

hit manage attachments below that box

hit the add files button on the top right

hit select files, navigate to your file on your pc

hit upload files

.

.

dx

[dx100uk]

have you moved in the last 6yrs?

 

make sure ALL you recent addresses show on your CRA file>

 

dx

[citizenB]

You need to defend this if you dont recognise the debt.

 

Have you had any previous correspondence from Westcott in connection with this ?

 

We need to know the following:-

 

Date of issue on the claim form - top right hand corner

 

What exactly do they say in the large area under the addresses etc.. eg.. what are they claiming for?

 

You have a strict time line to follow.

 

Date of issue + 5 days for service + 14 days to acknowledge + a further 14 days if you are intending to defend (33 days from date of issue).

 

You can acknowledge and submit your defence online.

 

Acknowledge first then use the remaining time to obtain information and submit your defence.

 

You should use CPR31.14 to obtain information, but we need to know what they say on the claim form before we can advise what you need to ask for.

[mojo786]

hi folks thanx for replies,

 

have had letters from wescot in past and have ignored. have been checking cra files on regular basis and nothing my previous addresses are all on my file.

 

issue date 8th october 2012

 

the claim is for mones being owed to the claimant in respect of goods provided by EOS the defendant a/c no xxxxxx

the agreement was terminated due to th defendant failed the agreed terms.

 

in accordance wih the pre action protocols the claimant has attempted to contact the defendant and agree a repayment plan. the defendant has failed to respond or maintain a suitable arrangement. EOS has sold and assigned all rights, title and interest , under this agrement to wescot spv ltd

 

and the claimant claims interest pursuat to section 69 of the county court act 1984 at the rate of 8% per annum etc.

 

thanx in advance

[citizenB]

Ok -

 

Issue date 8th October + 5 for service = 13th October + 14 to acknowledge = 27th October + 14 to submit defence = 10th November.

 

So you need to acknowledge the claim online by 27th October. Do not miss this date otherwise they could obtain a Judgment by default.

 

More questions -

 

Do you have any knowledge of this company "EOS" ? Having done a google - they are a Debt Collection Agency .. not a creditor ? So who was the original Creditor before them ?

 

Just having a think about what you need to ask for from Wescott..

 

BRB

 

 

 

 

You need to

[citizenB]

This is the letter you should be sending to whoever is named in the Solicitors section - it needs to be sent by either Recorded or Special Delivery service. It is important you obtain a signature for receipt the other end.

 

 

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.

 

 

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 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 termination notice

 

4 - Statement of account showing how the sum being claimed has accrued.

 

 

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.

 

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 within 10 days from the date of this letter.

 

yours faithfully

 

 

XXXXXXXXXXX

XXXXXXXXXXX

XXXXXXXXXXX

[mojo786]

hi thanx for prompt reply,

 

do not recognise eos dont lknow who original creditor is.

majority of my debts statue barred except 1 which is satisfied and drops of soon.

i can only assume they are chasing sb'd debt!

 

i would appreciate advice on how to defend this

 

thanx in advance

[citizenB]

Ok,

 

IMHO , If you are absolutely certain that the debt is or could be Statute barred and based on the information you have provided.. then I would put the ball back in Wescott's court.

 

Your defence should be something along the lines of..

 

 

 

 

1 The Claimant's claim was issued on (date).

 

2 The Claimant contends that the Claimant's claim so issued is a claim in contract and is statute barred pursuant to the provisions of section 5 of the Limitation Act 1980. If, which is denied, the claimant contends that the Defendant is in breach of the alleged contract, in excess of 6 years have elapsed since the date on which any cause of action for breach accrued for the benefit of the Claimant.

 

3 The Claimant's claim to be entitled to payment of £x or any other sum, or relief of any kind is denied.

 

I BELIEVE THAT THE CONTENTS OF THIS DEFENCE ARE TRUE.

 

 

Without any further information from Wescott as to who the original creditor might be (and I cant believe that it is EOS) then there is little else you can do.

 

It appears to me that there was an Original Creditor who first of all assigned the debt to EOS - who have then assigned it to Wescott.

 

 

 

[mojo786]

hi all,

 

have received letter from wescot re ccj action

i will be filing my defense on line thanx for advise and writing to wescott

is it worth phoning to find out who original creditor is, or just write to these clowns

 

thanx in advance

[42man]

If the debt is statute barred then the above defence will shoot them down in flames.....when they withdraw you can then hit them for a wasted costs order..Wescot are well known for chasing debts that are statute barred, I would also urge you to report this to the OFT as Wescot will surely know that the debt is statute barred. - And the OFT lay down specific guidelines on statute barred debt including the use of legal action. If they are in breach of the OFT's guidelines then they are also in breach of The Consumer Protection From Unfair Trading Regulations 2008.