Just recieved a County Court 'claim form'

[grandaddy]

Is there a fee to be paid for this information ?

 

And how to refer to a local court ? Another fee ?

 

I live in a different town about 35 miles away.

 

So much information.

 

And Why not sign your name ?

 

So many questions.

 

In the matter of

XXX vs grandaddy

Claim Number XXX

In XXX Court

 

Soliciters Address

 

DATE

 

YOUR ADDRESS

 

Dear X

 

RE: REQUEST FOR INFORMATION

 

I have received the Court claim filed by your Company. To enable me to file a defence and counter-claim, I require specific information regarding the account to be provided forthwith. Given that this matter is now the subject of legal proceedings, you are obliged to disclose under the Civil Procedure Rules, the information and documents detailed below. The information must be furnished by the 6th August 2007. If you fail to comply, this will be reported to the Court, a copy of this letter will be provided as evidence to the same and an Order enforcing your compliance will be sought.

 

IN RESPECT OF EACH ALLEGED DEBT CLAIMED, I REQUIRE:

 

 

1. A true copy of the executed credit agreement and any terms and conditions that applied to the account at the time of any default and at the time the account was opened.

2. All records you hold on me relevant to this case, including but not limited to:

a. A transcript of all transactions, including charges, fees, interest, repayments and payments and both the original amount of the loan and any repayments made to it the account.

b. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations by your company, or by any previous creditor

c. 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.

d. True copies of any deed of assignment and/or default notice with a copy of any proof of postage that you hold.

e. 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).

f. 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.

g. 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.

h. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998

i. 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.

j. A copy of all account statements for the duration of the agreement.

3. Any other documents you seek to rely on in court.

4. A copy of your complaints procedure, as required by the Consumer Credit Act 2006.

 

I must advise you that if the information is not forthcoming, it will be reported to the Court that you are trying to frustrate proceedings and denying me the opportunity to file a defence and counter claim.

 

Yours Sincerly,

 

 

XXX (Type, don't sign your name).

 

Send special delivery next day before 1pm (costs £4.30)

[rory32]

Is there a fee to be paid for this information ?

No.

 

And how to refer to a local court ? Another fee ?

 

If you phone the court on Monday they'll give you all the information you require to do this.

 

And Why not sign your name ?

 

While it is unlikely to happen, it is very easy to scan and paste a signature onto a document (particularly a copy of the credit agreement). There have been some instances where this has happened in the past to CAG members.

[tomterm8]

Is there a fee to be paid for this information ?

 

No automatic fee, but they are entitled to include it in their court costs.

 

And how to refer to a local court ? Another fee ?

If you mean, what name do you put in "In COURT NAME" it would be the court at the top right hand corner of the claim form... i.e. probably northhampton bulk centre.

You're not anywhere near the stage of complaining to the court that they have not complied...

 

I live in a different town about 35 miles away.

 

doesn't matter where you live... you send the letter to them special delivery. When it comes to court, they'll change the court to your local county court /sherif court automatically, which might be a bit of a journey, but probably not 35 miles.

So much information.

The more information you ask for, the more chance they won't be able to supply; if they don't supply the info, they annoy the judge:) Further, all the information is potentially relevant.

 

..

[grandaddy]

How to quote the the particular House of Lords ruling of CCA law precedence over common or contract law ?

 

Like in front of their nose, in their face.

[tomterm8]

How to quote the the particular House of Lords ruling of CCA law precedence over common or contract law ?

 

Like in front of their nose, in their face.

 

Have you sent the letters? i.e. the credit agreement request, and the disclosure request letter?

 

And have you acknowledged service?

 

It's vital, if you haven't done these things, that you do them today.

 

Got to do things in order... before you write your defence:)

[grandaddy]

How to quote the the particular House of Lords ruling of CCA law precedence over common or contract law ?

 

Like in front of their nose, in their face.

 

As I wish to include this 'quote' within the CCA request letter wording.

[fbnts]

Just subscribing - I can see myself in this situation with Egg soon!

 

Tom

[grandaddy]

Hi, Tom, how is your OH, and thank you, TomTerm.

[rory32]

As tomterm8 says you can leave that for your defence. There is no need to do that now.

 

If you wish to include the House of Lords reference it is Wilson and others v Secretary of State for Trade and Industry (Appellant) 2003. Although at this stage it is not necessary.

[tomterm8]

As I wish to include this 'quote' within the CCA request letter wording.

 

You don't need to write your own letter. The CCA template letter is here :

 

Creditors and DCAs - Letter Templates & Budget Planner

 

Scroll down to Letter N.... enclose a PO for £1 and send it by Guaranteed Next Day Delivery ! Keep the receipt.

 

They have 12 working days from receipt of your request to send the Agreement to you... if they do not comply within this timeframe, then they are in default of a legal request. How long have you been given to defend the claim ?

 

The CCA request needs to go to the address on the claim form.

 

p.s. just type your name, don't sign it.

 

You need to do this today...

[grandaddy]

Admission.

Sorry all, OH can't take the pressure / stress, going doollally, me too she says. Sent off the admission, via the DMC.

Placid compliance under pressure, makes you feel sick, dont it.

 

I don't believe I would be any good in court, never went to one in my life before, I dont even know what they look like, do they look like as on tele? The thought frightens me. I feel they could tear me to bits easy; pound of flesh for a few quid more,

Sorry,Rory, Sorry,tomterm, Sorry, gizzmo, Sorry all.

Too much.

 

Oh well, sent off CCA anyway.

Didnt sign, but left out driving licence copy as id , so probably come bouncing back, what would be accepted as unsigned id? Should I repeat CCA with an id ,or send id with reference to CCA, or just wait and do nothing ?

[tomterm8]

Admission.

Sorry all, OH can't take the pressure / stress, going doollally, me too she says. Sent off the admission, via the DMC.

Placid compliance under pressure, makes you feel sick, dont it.

 

I don't believe I would be any good in court, never went to one in my life before, I dont even know what they look like, do they look like as on tele? The thought frightens me. I feel they could tear me to bits easy; pound of flesh for a few quid more, And they probably will.

 

You would have gone into a normal room with a nice, friendly man or woman (the judge), whose job it is to take into account the fact that you are a normal person who has no legal training.

 

In the worst case scenario, the worst thing that could have happened was that you ended up with exactly the same thing you just got by giving up... a CCJ, for the same amount of money.

 

It is quite likely that you would have won at court... most consumers do, when they turn up.

 

God knows whats next.Well, got some idea,thro reading here, would have no idea otherwise.

Sorry,Rory, Sorry,tomterm, Sorry, gizzmo, Sorry all.

Too much.

 

If you can pay the full claim, you need to do so within 28 days. Otherwise, you'll get an installment order. You'll need to turn up at court when the judge considers this.

 

Oh well, sent off CCA anyway.

Didnt sign, but left out driving licence copy as id , so probably come bouncing back, what would be accepted as unsigned id? Should I repeat CCA with an id ,or send id with reference to CCA, or just wait and do nothing ?

 

There's no point in the CCA... you just accepted a County Court Judgement, so no need to waste time preparing for a defence.

[payingonlyencouragesthem]

What a pity. That would have been another CAG victory for sure. That's a great letter Rory - I'll save that one for future reference.

[tomterm8]

What a pity. That would have been another CAG victory for sure. That's a great letter Rory - I'll save that one for future reference.

 

Thank you. One of mine, I think you'll find:)

[rory32]

Thank you. One of mine, I think you'll find

Definately one of his. I just nick things from everyone

[payingonlyencouragesthem]

Thank you. One of mine, I think you'll find:)

 

:shock:Sorry tomterm8, I've archived quite a bit of your other stuff without giving credit where it's due.

Pity the poor s*d who has to deal with that one:grin:

[grandaddy]

You would have gone into a normal room with a nice, friendly man or woman (the judge), whose job it is to take into account the fact that you are a normal person who has no legal

training.

 

Nice to know that, ignorance again.

 

In the worst case scenario, the worst thing that could have happened was that you ended up with exactly the same thing you just got by giving up... a CCJ, for the same amount of money.

It is quite likely that you would have won at court... most consumers do, when they turn up.

 

Ignorance breeds fear, when you dont know the consequencies.Which is why lots of people dont try fixing their computer, try installing double glazing,try fixing their car. I did, and can do these things. I was ignorant before. These people EXTORT unlawful excessive charges thro fear.

My wife and I are frightened stiff.

 

If you can pay the full claim, you need to do so within 28 days. Otherwise, you'll get an installment order.

' You'll need to turn up at court when the judge considers this.' ..More fear of unknown consequencies.

 

If I had the money I would have paid them long ago, to avoid the fear of the unknown consequencies.

We haven't had a holiday for 7 years.

My back teeth have gone, my teeth do not meet properly, misaligned teeth/jaw, would be,wouldnt it. Dentist bills, no way.

We have a gas back boiler 20+ years old, makes a LOT of noise.Needs a new one, dont think so.

I pulled the rotten wooden conservatory down 2years ago, before it fell down; the door opening into the kitchen has been boarded up since then.

The front door frame is rotten, the side window ready to fall out. New door frame, dont think so.

I dont drink or smoke.The car is a £350, 1995 skoda 1.3Litre.

Like I have money to spare. Would be nice to fix this lot, good car tho the skoda.

 

There's no point in the CCA... you just accepted a County Court Judgement, so no need to waste time preparing for a defence.

 

And CCA noncompliance law takes precedence over common contract law, says the Lords Ruling; like 'there is no point in a CCA now'. An admission ( common cotract law ) takes precedence by common practice. CCA's are not demanded as prerequisites by the judges.They are ignorant, or FRIGHTENED of the unknown conseqencies of upholding the law.The banks covertly operate illegally with CCA noncompliance repeatedly. But the 'law', as upholded by our 'judges' allows, and thus CONDONES, this illegal operation.

So who is breaking the law, time and again, repeatedly serial law breaking.

The banks and the 'judges'.

I didnt know this industry was so sick.

 

And ordinary people like me cant afford the appeal prodedure anyway, so much for UK law.

Better keep my mouth shut if I end up in court ( for fear of the consequencies).

[PriorityOne]

Even though an admission has been sent off, there should be a whack of unlawful charges on the account that could be re-claimed..... which could stop them from going for a CCJ straight off....

[tomterm8]

 

Ignorance breeds fear, when you dont know the consequencies.Which is why lots of people dont try fixing their computer, try installing double glazing,try fixing their car. I did, and can do these things. I was ignorant before. These people EXTORT unlawful excessive charges thro fear.

My wife and I are frightened stiff.

 

 

Well, first, you should not be frightened stiff. This isn't a criminal matter. The courts don't shove you into prison for not being able to pay debts. the courts NEVER force you to pay more than you can reasonably afford.

 

If you get a charging order, which is now very likely, the chance the courts will reposess your home on an £11,000 CCJ is d**n near 0%.

 

What people don't realise is... the courts will NEVER force you to pay what you can't afford.

 

 

 

 

If you can pay the full claim, you need to do so within 28 days. Otherwise, you'll get an installment order.

' You'll need to turn up at court when the judge considers this.' ..More fear of unknown consequencies.

 

An installment order = the judge will look at what you can afford to pay, and order installments based on that. if you can't afford to pay anything, with a reasonable standard of living which ***mn well includes dental bills, you will pay nothing.

 

You'll probably get a charging order... but the court is unlikely to reposses a home based on a small unsecured debt. You can phone national debt line on that.

 

 

There's no point in the CCA... you just accepted a County Court Judgement, so no need to waste time preparing for a defence.

 

And CCA noncompliance law takes precedence over common contract law, says the Lords Ruling; like 'there is no point in a CCA now'. An admission ( common cotract law ) takes precedence by common practice. CCA's are not demanded as prerequisites by the judges.They are ignorant, or FRIGHTENED of the unknown conseqencies of upholding the law.The banks covertly operate illegally with CCA noncompliance repeatedly. But the 'law', as upholded by our 'judges' allows, and thus CONDONES, this illegal operation.

 

the CCJ has already been admitted... that means, you said you owe the money. So, saying, hey wait a second there was no agreement isn't going to get you far, unless you can change your plea.

 

So, as I said, theres not very much point in thinking along this argument.

 

Much more productive is thinking of ways to apply to change your plea, which is possible... especially as theres a honking £1,500 collection charge on the court claim.

 

And ordinary people like me cant afford the appeal prodedure anyway, so much for UK law.

Better keep my mouth shut if I end up in court ( for fear of the consequencies).

 

I spend a heck of a lot of time helping ordinary people like you win these cases. I am an ordinary guy like you, and I have won these cases. There are soliciters who work on the board, who help people win these cases.

[PriorityOne]

Grandaddy... you sound worn out. We all know how that feels. Change your plea if you can. We will all do our best to support you through this....

 

[tomterm8]

Grandaddy... you sound worn out. We all know how that feels. Change your plea if you can. We will all do our best to support you through this....

 

 

It should be possible to change the plea. I'll think about things.

[tomterm8]

Right, well this is what I've got. Lays it a bit thick in places, but I think the judge will have to conclude there is a case to be tried.

For the Attention of the Case Manager.doc

[Finlay07]

I just have to say that is excellent TT.

[tomterm8]

I just have to say that is excellent TT.

 

Thanks. Procedure is, send letter to court special delivery, fax/email the claimants soliciters a copy a couple of days latter, once the court has recieved the letter.

[PriorityOne]

Grandaddy ?! You still out there.... ?? We will help you through this.... please don't give up....