Off topic posts from "Getting them to Reveal their Vitals"

[PriorityOne]

far from it- it is a legal requirement!

 

Yes... "legalised" fiddling is still fiddling DD.... goes on all the time. Laws have been constructed to protect the rich since time began, so to speak.... Such a lovely world we live in , isn't it?... 8-)

[diddydicky]

the bigger youa re- the bigger the fiddle!!

[PriorityOne]

the bigger youa re- the bigger the fiddle!!

 

[spamheed]

Life is like a sh!te sandwich, the more bread you got, the less sh!te you have to eat

[Number6]

i dont have any paperwork what so ever, this is the first form of communication i have ever recieved, i will obviosly need to aknowledge service and defend all, but once i have done that, what would i be defending in the near future. i will need to ask for the doc's they mention in the POC, i am just a bit stuck on which way to go.

 

cab

 

Hi

 

I hope you don't mind me jumping in here but I have a similar problem.

 

I'm currently dealing with a CC claim from Fairfax, on behalf of Arrow Global who claim they are the assignees to a CC debt from Lloyds TSB.

 

The CC claim form is the only paperwork I have whatsoever. It's HERE

 

I wrote to Fairfax using the CPR 31.14 template letter requesting the agreement, DN, Assignment and Notice of Assignment.

 

Today I got a letter from Fairfax HERE

 

It's obvious that fairfax are idiots or are trying it on.

 

I need to get a holding defence into Court in the next couple of days and I also need to reply to Fairfax.

 

Could someone point me in the direction of information that enables me to build suitable replies to both?

 

I'm assuming that I write to the court explaining that I have nothing on which to base a defence and that I will submit a full defence as and when I receive the requested documentation? How should I word it exactly?

 

And how should I deal with Fairfax? I could just ask them to re-read the original letter I suppose , but seriously, how should I reply?

[gh2008]

If you used the template 31.14 request then part of that was requesting an extension to your defence submission.

 

Ring/write to Fairfax asking them to agree up to 28 days extension whilst they wait for the docs. You then write to the Court informing them of the agreement

 

Alternative is to NOT submit an embarassed defence but submit a defence denying that you owe Arrow Global the amount claimed or any amount at all - after all they have to prove it and if they didn't bother sending you the docs before a claim as they should do then it's their problem.

[vandolayem8]

kindly see the sacn copy of

[Number6]

If you used the template 31.14 request then part of that was requesting an extension to your defence submission.

 

Ring/write to Fairfax asking them to agree up to 28 days extension whilst they wait for the docs. You then write to the Court informing them of the agreement

 

Alternative is to NOT submit an embarassed defence but submit a defence denying that you owe Arrow Global the amount claimed or any amount at all - after all they have to prove it and if they didn't bother sending you the docs before a claim as they should do then it's their problem.

 

Fairfax have made no mention of an extension in their letter and it's clear that they're treating it as a CCA Sec 78 request.

 

I'm inclined to submitting the defence denying everything and putting Fairfax / Arrow to strict proof. If I do go this route then should I just state a bland denial, or should I include in the defence a comment that the claimant hasn't offered any proof?

[Number6]

kindly see the sacn copy of

 

Images are too small!

[gh2008]

If you have details of the original account with that reference number then admit opening and operating an account with reference ###. Then you will have to say that it would have been a regulated account under the Consumer Credit Act 1974.

Neither admit nor deny (or you could say I do not recall) that there was ever a signed agreement, compliant with the Act and therefore put the claimant to strict proof

Deny a valid Default Notice was served

Deny receiving an NOA

Deny Arrow Global have any cause of action against you

and therefore deny owing Arrow Global the amount claimed or any amount at all

 

just my quick thoughts - hopefully some others will comment ....

[Number6]

I have received the AQ

 

Should I agree to Small Claims Track? Or ask for Fast Track?

[LarissaJ]

Hiya sorry for jumping in, but I'm desperate for some help today.

 

I have a hearing date set for the 16th nov, but I'm out of the country and will not be able to attend. I phoned the court and asked what the procedure was to get it adjourned and was advised that it would still go ahead in my absence and I am to supply the court with any relevant info which can be put forward on the 16th.

 

A brief history: I took out a car finance agreement , but struggled to pay and received a dfault notice that didn't give the required 14 days, then the agreement was terminated on the back of that DN. months later I received a correct 2nd DN. In their poc they only mention the 2nd dn and mention that the account was terminated. I sent the CPR part31 letter and they sent a number of docs, but not the faulty dn or tn. I sent an embarrased defence to court.

 

This is my thread:

http://www.consumeractiongroup.co.uk/forum/showthread.php?240860-Park-Motor-Finance-Default-Notice

 

I now need some guidance on what to do next, I am out of the country tomorrow so need to hand deliver something to court today, I'm going round in circles reading other threads. Can anyone give me any guidance on whether it would be better to get it struck out or send in an ammended defence in light of them not disclosing the original dn and tn?

[angel_1]

hiya all

 

ive followed the thread and done the cpr31.14 letter hence no reply and 7 days now fully passed can anyone help today pls

 

my link is below where ive put my questions and concerns and how i proceed with what info i really need to put in anything you can offer to get me to do this right would be highly appreciated cheers angel x

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?282042-Link-Financial-court-summons-rec-need-help-pls

[webbscatering]

Simple A Brilliant Thread, one question my case has been sent to small claims track set for late Janurary can I use this letter to get claimant to adhere to my orginal requests. Firstly I asked for a legible copy of the credit agreement and a full breakdown of the account illustrating how the debt is made up. What I missed out was a request for a copy of the TOC but the illegible copy of the credit agreement shows that I signed for payment protection and I want a copy of the TOC of that. Can I use this letter to ask for these, Many Thanks Webby

[frettful38]

subbing

[citizenB]

Subbing, bumping and off topic posts have been unapproved from this thread. Please keep it on topic.

 

This thread is stickied so requires no bumping.

 

Subscribing to the thread can be done by using the "Thread Tools" at the top of the page.

[webbscatering]

Subbing, bumping and off topic posts have been unapproved from this thread. Please keep it on topic.

 

This thread is stickied so requires no bumping.

 

Subscribing to the thread can be done by using the "Thread Tools" at the top of the page.

 

WHAT are you on about now!!, I asked a legitimate question if it was too difficult to answer just say so, no wonder people are moving over to "money saving expert". This forum has lost that feeling of help and advice instead you get "have a go hero's" who think its more important advising you how to post correctly. Give me back the money I gave you, your not worth it anymore!!

[Undercover-Elsa]

Hi Webby,

CitizenB is just doing her (unpaid) job, which she does very well and with good humour. This thread gets clogged up with brief sub or bump requests. It wasn't personal to you I'm sure.

Feel free to move to Money Saving Expert though, judging by your demeanor I'm sure you'll feel more at home.

 

However, if you want your questions answering (and remembering that this is a self help forum, no one is REQUIRED to answer) your questions need to be more specific.

You mention you asked them for the agreement, but didn't say whether you requested it under CPR 31.14.

If you did, then the T&C's form part of the agreement and should have been included. If they weren't then you could proceed to issue an N244 to make them comply.

You may find this post useful:

http://www.consumeractiongroup.co.uk/forum/showthread.php?241827-Legal-Action-how-to-start-off.-IMPORTANT-IF-YOURE-BEING-SUED&p=3241771&viewfull=1#post3241771

 

If you didn't utilise CPR 31.14 to ask for your agreement then you can't send an N244 until you've done that and they've failed to comply.

 

Just my (unpaid) opinion

Others may have more to add, bearing in mind it's New Years Day.

 

Happy New Year!!!!

 

Elsa x

Edited January 1, 2011 by Undercover-Elsa

[frettful38]

Just thought I'd write this and hope someone would correct me if this information is incorrect:

 

I received this response from my creditor when I requested a CPR Request 31.14

 

Dear Mrs xx

 

Within your letters you have requested documentation under CPR 31.14. Please note that CPR 31 applies to all claims except on the small claims track. As you are aware, the value of the claim is under £5,000.00.

 

So does that mean that one cannot make a CPR 31.14 Request for claims under £5K?

[the_shadow]

Just thought I'd write this and hope someone would correct me if this information is incorrect:

 

I received this response from my creditor when I requested a CPR Request 31.14

 

Dear Mrs xx

 

Within your letters you have requested documentation under CPR 31.14. Please note that CPR 31 applies to all claims except on the small claims track. As you are aware, the value of the claim is under £5,000.00.

 

So does that mean that one cannot make a CPR 31.14 Request for claims under £5K?

 

They are correct that CPR 31 is not available on the small claims track, however if you have asked for this info prior to issuing a defence or more importantly sending in AQ's then the claim is currently trackless. It is not for them to say which track the eventual claim will land on, that is a matter for the courts to decide.

 

There is a paragraph in the template CPR 31.14 letter which states they should not seek to evade answering the letter for the very same reason.

 

If they are refusing to reply and you have good reason to request then an application to the courts for disclosure would be necessary. It might be worth writing back or phoning them and advising that you will be seeking disclosure as this case is currently trackless and CPR 31.14 IS still available to yourself and that any application you make you will be seeking costs from them for being unreasonable.

 

Just MHO.

 

S.

[frettful38]

Thanks shadow for that info, problem is I already filled my defence before they sent me this request. I already had a copy of my agreement and the documents requested as I attached them to my defence, guess I made this request just to buy some time so I could sort my defence out really, which I did.

 

But I was pointed out about this fact by my creditor, and just wanted to make sure what they were saying was true. Feel like a bit of a plonker doing this request, but what the hell hey how else we gonna learn LOL.

 

Thanks again shadow

[the_shadow]

Ok, the reason I say before a defence is generally youre asking for documents that will help you enter a defence.... Before the track notification from court is the key thing, also it would help if prior to AQ's as thats where you indicate which track you think it should land on.

 

If you've not been told which track the claim is on at present then its still a viable option using CPR 31.14 imho.

 

S

[frettful38]

Thanks shadow, no at this moment I do not know what track it is on and have not reached the AQ stage yet. My creditor has sent me a consent order to sign and advise me that they will still proceed to apply for a judgment against me. Plus I really do not need the documents that I requested in my CPR request as I did already have them, as I said just wanted to buy some time.

[diddydicky]

you will now need to be a bit careful- because techncially the creditor can refuse to supply documents which you have disclosed you already have

 

also if you have based your defence on the documents YOU have in your possession- and what comes back from 31.14 is different- you have backed yourself into a corner and will have to apply to amend your defence

 

the golden rule is that you can NEVER enter a defence until you have all the documentation supporting the claimants claim

 

it could well be that the creditor no longer has the agreement and/or that they provide a reconstruction which might be different from what you have

[frettful38]

Thanks DD I the only reason that I filled my defence was for the reason that I was afraid if I did not then I would get a judgment in default. In reading so many stories of others and seeing how some courts have sided with the creditors I did not want to run that risk.

 

I know maybe I done things back to front but at the time of making this CPR request it really did not cross my mind that I already had these documents and should not have requested them again. This goes to prove that being a LIP we do not not know all the in's and the out's of the legal system...........plus when I did make my cca request I was sent a recon agreement and if I were sent another agreement that did not look like the one I had in possession then I don't think I would have a problem but the creditor.

 

Maybe yes I would need to file an amended defence but that would only further prove that the creditor has sent two agreements that do not resemble each other. I know some may say that I should not have entered my defence without all the documents present but as I said before I did not want to miss any deadline and at that time thought that I was doing teh right thing. Well its done now and the claim has been stayed and they want me to sign this consent form.

 

This only goes to prove and confirm that they are/have been beyond unreasonable. Plus if this gets to trial they will have the agreement and I will be able to see if it the same as the one they sent me which I already know that the recon is not the same as the original one. The original copy was 7 pages and the recon they sent me was 3.

Edited January 9, 2011 by frettful38