Control Account PLC - Court Docs Issued

[fkofilee]

CAG... I write this with good intentions but its becoming more and more apparent that ignoring DCAs is becoming a bad idea.

Just like the case of Harlands / Zinc and Court, It appears Control Account are issuing claims.

 

I attach the following example...

 

The debtor of another site, which i will not mention was told to ignore Control Account PLC and is now being advised to try and get unequivocal proof of who the legal manager is, statements etc...

 

Its becoming apparent that DCAs that are normally dont even consider legal action are now attempting it.

 

There is a way to deal with these types of claim and using the below advice will steer you in the wrong direction.

 

You haven't asked for proof of who Jenni Westcott works for, a confirmation theirs is FedEx who have brought the claim, which Company paid the Court fee (FedEx or Control Account) etc. etc.

 

You need all this and to remind them you are confirming all the information supplied with the CEO of FedEx (who you will be requesting as a Witness) that they are obliged to sign a Statement of Truth which if proven false is Contempt of Court and will lead to a request for the Court to bring committal proceedings against the individual who signs the Statement.

Please remember that just because an account is with a particular DCA, it doesnt mean you will beable to second guess them.

[dx100uk]

PDF

 

Dx

[fkofilee]

Images work fine for me. Tried Chrome?

[Andyorch]

The DCA has not issued the claim fkofilee ...FED EX is the claimant... Control Account PLC is the (DCA)/ Solicitor acting.

 

Regards

 

Andy

[fkofilee]

The DCA has not issued the claim fkofilee ...FED EX is the claimant... Control Account PLC is the (DCA)/ Solicitor acting.

 

Regards

 

Andy

 

Hi Andy

 

From looking at this, have FEDEX gone direct with legal action

 

-OR-

 

Have CA PLC done it them selves?

[dx100uk]

The dca can't they don't own the debt

Bet the letters state our client

[Danielx]

Hello everyone,

 

I have just joined as you are commenting on my case

thought I join and participate on this forum as there are a few cases with Control Account PLC threatening court action

and members saying that nothing is going to happen.

Well it has!

 

 

I have received the County Court Claim and begin my journey to fight this case off.

The origin of the debt is irrelevant which I won't discuss.

My argument is that Control Account PLC have submitted the claim against me using Federal Express Europe Inc as the Claimant

but with the address of Control Account PLC!

Surely this is abuse of court process and plain fraud IMO.

 

I am happy to share this information with everyone to follow and opinions and suggestions will be greatly appreciated.

The original thread is in the [removed] ,

 

The update so far is that a CPR 18 request was sent and I received a response from Kearns solicitor

just attaching 14 page printed terms and condition document that can be found on a website.

 

 

There are no original invoices, paperwork, and have not responded if it was Fed Ex that authorised proceedings, NOT Control Account PLC.

Kearn solicitors are now the legal representatives.

My guess is that Control Account PLC referred this to them.

 

I am working on my defence which needs to be submitted in 2 and a half weeks.

[fkofilee]

Daniel welcome...

 

Sorry i poached it from That other site... But it was something that needed to be listed regardless...

 

Lets make a suggestion here. Explain the story in full... Let us know. We will put you on the right path.

If you have time to submit a defence, then please let us help.

[Danielx]

Here is the response after my CPR 18 request.

[Danielx]

Daniel welcome...

 

Sorry i poached it from That other site... But it was something that needed to be listed regardless...

 

Lets make a suggestion here. Explain the story in full... Let us know. We will put you on the right path.

If you have time to submit a defence, then please let us help.

 

Hi fkofilee,

 

It's no problem, I did find it quite funny

 

I'm aware that these forums do get read by the Claimants so I do not wish too discuss sensitive information.

 

 

my defence will be based on procedures not followed from the Claimant and the fact they are not actually Federal Express making the claim but Control Account PLC

so they will be put to the strictest of proof.

 

 

I have been advised that CPR 16 7.3 was not followed because this was a written agreement

and they did not attach any documents, agreements, contract etc.

 

1.The agreement, including the specific Terms at the point the alleged Agreement was made and any subsequent changes.

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 originals should be available at the hearing.

Further, that any general conditions incorporated in the contract should also be attached.

The letter from the solicitor did not attach any original paperwork which I guess they would need to rely on court I am sure!?

 

To add I even phoned Control Acount PLC who confirmed they (Fed Ex) sent the claim and wanted full payment upfront.

[fkofilee]

Daniel

 

The site team have been informed and will be along although it is a weekend.

Give us a few days and see what we can bring on

[SabreSheep]

Hi Daniel

 

I have made your post it not its own thread so help can be given specific to you. This is an administrative move, you don't need to do anything

 

-Ignore the above comment, didn't realise you were the person referred to by the OP

 

Also

 

Please take anything said on other forums with a very LARGE BUCKET of salt.

 

Regards

 

SS

Edited September 20, 2015 by SabreSheep
Addition in red

[Danielx]

So the dilemma I have everyone, who is making the claim, Control Account or Federal Express?

 

Very unusual case.

[fkofilee]

I honestly couldn't tell you at a glance... Ask the solicitor...

They seem to be owned by Link Financial but I'm sure link wouldn't hold this account. I'd say could be FedEx direct.

 

Looking at the attachment about kearns taking over, I'd say it's direct...

 

And sabresheep says it perfectly... But Not a bucket, more a jcb digger full of salt

[citizenB]

So the dilemma I have everyone, who is making the claim, Control Account or Federal Express?

 

Very unusual case.

 

The claim has been issued in the name of Fed Ex as the claimant. So I don't see what the problem is.

 

Please, do not place any links to the website that has been mentioned in previous posts

[Danielx]

The claim has been issued in the name of Fed Ex as the claimant. So I don't see what the problem is.

 

Please, do not place any links to the website that has been mentioned in previous posts

 

The problem I have is this.

 

I received the complainant's name and address as:

Federal Express Europe Inc

Central Recoveries

Compass House

Waterside

Hanbury Road

Bromsgrove

Worcestershire

B60 4FD

 

This is the address for Control Account PLC Debt Recovery Agency which had pursued me originally:

Compass House

Waterside

Hanbury Road

Bromsgrove

Worcestershire

B60 4FD

 

I feel that Control Account PLC are using Fed Ex as the Claimants when they are clearly not in order to get me to pay up.

They are nothing more than a Debt Recovery Agency.

 

 

I phoned up directly Control Account PLC from the website number who passed me onto another department

who confirmed that the Court Claim was issued by 'them'.

Who is them?

Fed Ex or actually themselves that just stuck in the Claimant's name under their address?

 

I phoned up the number on the claim form 0870 145 3436 and had automated response that I had reached 'Central Recoveries', NOT Fed Ex.

 

A CPR 18 form was sent to clarify who has actually made the claim, Fed Ex or Control Account?

Who Jenni Westcott was (Legal Manager on the Claim form)

and if she was duly authorised to initiate proceedings for Fed Ex?

 

 

I requested for the contract and documents constituting the agreement to be attached.

 

The response I received was from Kearn's solicitor attaching a printed terms and condition which can be found on Fed Ex website

and they are now the legal representatives, nothing more!

If they were Fed Ex why didn't they send a copy of the original documents?

 

That is my problem, I'm not sure who they are and if Control Account are attempting to be crafty by sticking in Fed Ex as the Claimant.

 

I'm not attempting to be difficult,

I would like some clarification on who do you think made the claim and what your reasoning is behind all this.

[citizenB]

Is Control Account a department within Fed Ex ?

[fkofilee]

I dont think so, they deal with accounts outside of Fedex

[Danielx]

If Fed Ex wanted to make a Claim directly against me I am sure they would had used one of their companies' solicitors?

I think it is very unusual to pass the debt to DRA Control Account to recover the funds, then later decide to make a County Court Claim

 

Control Account deal with parking tickets as well as DHL.

So what's next, a Court Claim made by DHL under the Control Account address?

 

To all those that have received letters from Control Account and mocking them off,

could this be a new start for County Court Claims, or is it another one of their crafty techniques?

[citizenB]

I have been trying to find the Registered/Head office in the UK for Fed Ex and it doesn't appear to be on their website.

 

The claim should be issued from that address.

 

They would then use a solicitor to communicate with you.

[SabreSheep]

OK from what I can work out.

 

Fedex have contracted Control Account to act as a DCA on their behalf. Therefore they were an Agent for the Claimant.

 

After failing to get the amount paid they have returned it to Fed Ex

 

Fed Ex have now issued a claim in their own name

 

They have also changed their legal representation in the matter.

 

 

You need to focus now on defending the claim.

[fkofilee]

Yes, You need to explain in full why Fedex are chasing...

[SabreSheep]

Also please visit this thread http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-December-2014**

 

Paste the answers to the questions there in this thread so everyone who wants to help you can see where in the process you are

 

 

Also as this is a claim, the thread will be moved to legal forums to help the right people see it easier. This is an Administrative move, you do not need to do anything in regards to the thread move.

[Danielx]

Service is acknowledged.

I now have 2 1/2 weeks to submit the defence.

 

 

I have a draft one formed.

But what I really need to know is who is the Claimant, Control Account PLC or Federal Express Europe Inc.

 

 

If it is Control Account PLC then obviously is a serious abuse of court process.

 

 

If it is Fed Ex directly then there would be an alternative defence which is not relevant to this discussion.

 

 

All I wanted was opinions was who sent the claim

 

 

Anyone can use another party's name on the Claim form and then instruct a solicitor to act on their behalf, my two cents.

 

None of these addresses were used on the Claim form.

 

FedEx UK Head Office is:

Parkhouse

Industrial Estate East Chesterton

Newcastle-under-Lyme

Staffordshire

ST57RB

 

The Claimant name Federal Express Europe Inc is:

Sutherland House

Matlock Road

Coventry

CV1 4JQ

Edited September 20, 2015 by Danielx

[steampowered]

It sounds like the claimant listed on the claim form is Fed Ex. It is worth challenging whether Control Account have authority to represent Fed Ex. You can ask them for evidence that they are entitled to pursue this debt on behalf of Fed Ex. It is entirely possible that they do have this authority. Fed Ex may have outsourced their debt collection functions to Control Account.

 

I do not think your entire defence should resolve around this point alone. If you do not feel that a debt is owed to Fed Ex, you should also contest the substance of the debt.

 

FedEx do not necessarily need to have a signed contract. Although if there is no signed contract, you might be able to contest the terms on which goods or services were provided. The basic legal position is that where goods/services are provided without a contract, you are required to pay a reasonable price for them. It is difficult to comment further without knowing what you are actually being sued for.