Wescot claim form help

[LEEPEARL]

Hi

 

I hope someone can help me out here.

 

Today I received a county court claim form (NORTHAMPTON) from Wescot SPV LTD.

 

To my knowledge I haven't made a payment to this lot for over 6 years so I have sent a letter today requesting statement of accounts breakdown by recorded delivery.

 

The dates on the CCJ form say from 14/5/07 to 08/10/12 interest is added etc but it doesn't state when the default was issued so I cant tell if it is over 6 years.

I have checked my credit file and the debts do not show up on there and not been on there for at least a year.

 

I also filled in the acknowledgement of service on-line to give myself 28 days in order to defend and hopefully have the necessary paper from Wescot with last payment etc.

 

I'm pretty certain I never paid them a penny from well before this date so Im presuming the debt is statute barred how can they issue a claim if the debt is statute barred (if it is) or is this common practice by them are they just hoping ill be scared and offer some payment.

 

Thanks

[Bandit127]

I am no legal person, but I know it will help the experts if you can post up the particulars of claim, verbatim.

 

Did you receive a letter before this entitled "letter before action" or similar?

 

The 6 years starts at last payment (or acknowledgement - usually an offer of payment). Not default.

 

Anyway, please post up the POC.

[LEEPEARL]

I haven't received any letter at this address from them regarding this matter previous to the claim form no

 

The claim is £xxxx being monies owing to the claimant in respect of a credit agreement between Goldfish and the defendant under account no xxxxxxxxxxxxxxx

The agreement was terminated as the defendant failed to maintain the agreed terms in accordance with the pre action protocols the claimant has attempted to contact the defendant and agree and repayment plan

the defendant has failed to respond or maintain a suitable agreement

goldfish has sold and assigned all rights title and interest under this agreement to Wescot SPV Limited

 

 

And the claimant claims interest pursuant to section 69 of the county court act 1984 at the rate if 8% per annum from 14/05/2007 to 08?10/2012 totalling £xxxxx and thereafter at a daily rate of 0.74 to date of judgement order

 

 

That is word for word on the claim form.

 

The debt was a credit card that i had in the late 90's and I failed to manage payments and I ended up on the streets for a few years after a while sorted my life out and am now receiving this demand, I have moved about a lot so they have probably been trying to find me.

 

I think i defaulted around 2004 maybe I really cant remember all the details and have no paperwork to help.

 

Im just not sure what to do or if i have done the right thing?

 

Please let me know if ive missed anything out

 

Thank you

[Bandit127]

Your are doing perfect right now. You ahve acknowledged the claim and have time to put your defence together - the experts here will be able to help. Sadly i am not one...

 

Can you find any proof that the last payment was made over 6 years ago? You bank account statements maybe?

 

Plan A seems to be a defence of statute barred.

 

Plan B will be to request the documents that they mention in their POC. Given the age of the account, it is highly unlikely that they will have them.

 

Either way, you need to keep on top of this thread. Judgment by default would be an unjust outcome given the information you have given so far.

 

I am going to but out of this thread now as my knowledge has run out, but I wish you good luck.

[LEEPEARL]

Hi Bandit thanks for your support I appreciate it

 

I have no proof regarding payments at that time I didn't even have a bank account I confirmed this today with my bank and asked if any payment had been made to them and they said I didn't even have a account at that time.

 

I have asked them to provide the information as to when the last payment was made or last acknowledgement to the debt sent first class recorded letter today, I even called them but they said the dept that deals with that is closed??

[debbbbsy]

I have asked them to provide the information as to when the last payment was made or last acknowledgement to the debt sent first class recorded letter today, I even called them but they said the dept that deals with that is closed??

 

Hi,

 

How have you asked them ?

 

For the purposes of court procedure and compliance you need to make a CPR 31.14 request. This has to be complied within 7 days.

 

1. Wescott must prove they legally own this debt. A Notice of Assignment and Deed of Assignment must be provided.

2. Statements.

3. The Default Notice, which although has not been referred to.....should have been.

4. A copy of the agreement between you and Goldfish under the account number referred to.

5. Copies of all correspondence between you and the claimant which they refer to in the POC and proof of service.

 

Debs

[debbbbsy]

I have no proof regarding payments at that time I didn't even have a bank account

 

As the defendant in these proceedings it is not for you to provide proof that you did not make a payment. Ensure you make the requests for disclosure properly, the burden of proof lies entirely with the claimant.

[LEEPEARL]

Dear Sir,

 

Re: WESCOT SPV LIMITED v xxxxxxxxxxx Case No:xxxxxxxx

CPR 31.14 Request

 

On 12/10/2012 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.

 

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. 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 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 Goldfish or wescot. 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.

 

 

 

 

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.

 

Yours faithfully

 

 

 

Is this ok to send over to them have i mentioned all the correct things they need to send copies of?

 

Thanks guys I feel less sick now and am up for the fight.

Edited October 13, 2012 by LEEPEARL

[debbbbsy]

looks good.

 

Debbie x

[LEEPEARL]

Great thanks Debbie

 

I shall be sending this 1st class recorded Monday morning and will await their response.

[LEEPEARL]

Wescot have sent a letter today saying they sent a letter 21st sept asking me to repay the debt and if I ignore this letter then they would take court action, I never received this letter.

Is it worth me calling them and letting them know I never received this and try and get them to stop the court action, And then SAR them?

 

Hope someone can help?

 

Thanks

[AndyOrch]

As its a matter of litigation now then no dont converse with them.You can request all their attempts at disclosure with regards to PAP.Have you sent any CPR requests or CCA Section 78 request?

There is little point DSAR once litigation has commenced.

Regards

 

Andy

[LEEPEARL]

I have sent a CPR31.14 request but not a cca request I thought that would be covered in the CPR request.

 

I can send one of these today 1st class recorded if advised?

 

Thanks Andy

 

Lee

[LEEPEARL]

Will it be too late to request a cca as I have acknowledged the claim form?

[AndyOrch]

I have sent a CPR31.14 request but not a cca request I thought that would be covered in the CPR request. No they will not even respond to the request they cant ignore a section 78 request

 

I can send one of these today 1st class recorded if advised?

 

Thanks Andy

 

Lee

 

Will it be too late to request a cca as I have acknowledged the claim form?

You can request a copy anytime.

[LEEPEARL]

Ok Ill send CCA today but what happens if it doesnt arrive in the 28 days I have before I have to file my defence?

 

Thanks

Lee

[AndyOrch]

Ok Ill send CCA today but what happens if it doesnt arrive in the 28 days I have before I have to file my defence?

 

Thanks

Lee

 

They will be in default and unable to enforce their debt.

[LEEPEARL]

Right I have sent off the cca request with a £1 postal order and a cpr request by 1st class recorded delivery, so they should have them by tomorrow and then they have 12 days to respond to the cca right?

 

Is there any other way to find out from them when the last payment was made or if I acknowledged the claim within the last 6 years?

 

Thanks Andy

Lee

[AndyOrch]

right i have sent off the cca request with a £1 postal order and a cpr request by 1st class recorded delivery, so they should have them by tomorrow and then they have 12 days to respond to the cca right?

 

is there any other way to find out from them when the last payment was made or if i acknowledged the claim within the last 6 years?

 

thanks andy

lee

 

cpr 18.1?

[Old Cogger]

Right I have sent off the cca request with a £1 postal order and a cpr request by 1st class recorded delivery, so they should have them by tomorrow and then they have 12 days to respond to the cca right?

 

Is there any other way to find out from them when the last payment was made or if I acknowledged the claim within the last 6 years?

 

Thanks Andy

Lee

 

 

12 days + 2 = 14 days .

[LEEPEARL]

CPR18 Ok is this something can ignore as well, In my original letter i requested a breakdown of accounts and any last payments made Im guessing they will ignore that as well.

[AndyOrch]

CPR 18.1 can be enforced by way of an application...they will respond and take that seriously.

[42man]

This is the defence for you if the debt is statute barred - have a read here - http://www.consumeractiongroup.co.uk/forum/showthread.php?162456-Help-with-statute-barred-debt-county-court-claim-form

 

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.

[LEEPEARL]

Thanks guys

This site is amazing and I appreciate your help.

I have a feeling a payment may have been made towards this by a relative in 2007 therefore this would discount the debt being statute barred sadly, I am waiting to find out and should know by tomorrow if this is the case.

 

This all happened whilst I was living on couches and doorways sadly so I had no control over it.

[42man]

You should speak to the relative concerned and find out for sure....