diskmandave vs aqua card - MCOL action - ** Settled/Cheque Banked **

[Mike_hawk]

Dave

 

Assume you are relying on 'mistake' s32 for aged charges?

[diskmandave]

Dave

 

 

 

Assume you are relying on 'mistake' s32 for aged charges?

 

 

 

Yes Mike...

[Mike_hawk]

 

 

 

Yes Mike...

 

Cool......... only limitation option for money claims

 

Shout if you need any help with reply

[diskmandave]

Ta...... All enveloped up for the morning.. Wait and see now.

[diskmandave]

Hi everyone.... Hope we're all well over the Christmas and New Year celebrations now, and everyone is well..

 

I've now had from Northampton, an Allocation Notice to Tameside (MY) County County Court.

 

I'm about to strat writing a letter to DLA Piper requiring disclosure from Aqua of how much it actually costs

them to apply the default charge on a statement in the fully automated process etc....

 

Is there is a CPR that applies in making this formal request..?

 

Thanks much...

Edited January 15, 2014 by diskmandave

[Andyorch]

Have a read here Dave:-

 

http://www.justice.gov.uk/courts/procedure-rules/civil/rules/part18/pd_part18

 

Regards

 

Andy

[diskmandave]

Thank you Andy, I've been told Part 31 on the FB page....

http://www.justice.gov.uk/courts/procedure-rules/civil/rules/part31

 

I suspect you'll disagree, me too, could you clarify please...

Thanks..

[Mike_hawk]

Not sure of the value Dave, if within the threshold for small claims [10k], part 27 applies although it should be noted that the court can remedy by reference to other parts if it believes it is just to do so.

 

PART 27 - THE SMALL CLAIMS TRACK

 

Extent to which other Parts apply

27.2

(1) The following Parts of these Rules do not apply to small claims –

(a) Part 25 (interim remedies) except as it relates to interim injunctions(GL);

(b) Part 31 (disclosure and inspection);

© Part 32 (evidence) except rule 32.1 (power of court to control evidence);

(d) Part 33 (miscellaneous rules about evidence);

(e) Part 35 (experts and assessors) except rules 35.1 (duty to restrict expert evidence), 35.3 (experts – overriding duty to the court), 35.7 (court’s power to direct that evidence is to be given by single joint expert) and 35.8 (instructions to a single joint expert);

(f) Subject to paragraph (3), Part 18 (further information);

(g) Part 36 (offers to settle); and

(h) Part 39 (hearings) except rule 39.2 (general rule– hearing to be in public).

(2) The other Parts of these Rules apply to small claims except to the extent that a rule limits such application.

(3) The court of its own initiative may order a party to provide further information if it considers it appropriate to do so

[diskmandave]

OK, thanks..... I'm going to print and scan my letter later this evening and ask for suggestions.

[diskmandave]

I have also just found their response to my CCA request back in 2008, and it is no more than a copy of a Priority application form and is un-executed...

 

Edit: It is actually an agreement, as the terms and conditions are headed CCA 1974... But is not executed..

Edited January 18, 2014 by diskmandave

[diskmandave]

I now believe that they have had no right to charge interest on this account from day 1 !!

 

New letter being typed!

[Andyorch]

Thank you Andy, I've been told Part 31 on the FB page....

http://www.justice.gov.uk/courts/procedure-rules/civil/rules/part31

 

I suspect you'll disagree, me too, could you clarify please...

Thanks..

 

 

Correct because of the nature of your request (information not documentation) it must be by way of a CPR 18.

 

Regards

 

Andy

[diskmandave]

[diskmandave]

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[sequenci]

Dave, I'm assuming you're aware that a creditor's signature, or the lack of one, isn't realy going to be a big deal in the grand scheme of things?

[Peterbard]

Yes must admit i was wondering about that, thought maybe I had missed something ?

[sequenci]

Whilst the lack of a the debtor's signature will make an agreement irredeemably unenforceable for a pre April '07 agreement, the lack of the creditor's signature simply requires enforcement to be agreed by the court - regardless of when the agreement was entered into.

[Peterbard]

Whilst the lack of a the debtor's signature will make an agreement irredeemably unenforceable for a pre April '07 agreement, the lack of the creditor's signature simply requires enforcement to be agreed by the court - regardless of when the agreement was entered into.

 

Yes a section 65 breach only, and enforceable by order of the court subject to the amount of prejudice127(1).

 

That would be very little if the credit had been given and received.

[Mike_hawk]

What prompted the service of info in 2008, did you make a specific request or was it on issue of a new credit token (expired or replacement card)?

 

If theres a suggestion that the original agreement were improperly executed it may serve you best in helping to overcome limitation bar on the earlier charges. I don't think I'd be writing to the other side unless I were absolutely sure of how the information would best serve my case.

[diskmandave]

I simply lost my copy of the agreement and did a CCA request in 2008, and got to digging it out over the weekend..

[diskmandave]

"Without Prejudice - Save as to Costs"

 

£650 offered as full settlement.....

[The GodMother]

As you no DMD we cant tell u to take something BUT if you feel this is enough including any costs u have incured then l would be tempted to get the balloons out and settle with any conditions u want to add

[diskmandave]

I think that given the original charges were £184, I'm going to take their dirty money and run... ;-)

[Mike_hawk]

I think that's sensible Dave, this could drag on for months with no guarantee of success

 

How has it suggested disposing of the claim?

[diskmandave]

Upon receipt of my letter of acceptance a cheque will be issued along with a

Notice of Discontinuance to sign and serve on both the defendant and the court.