Just recieved a County Court 'claim form'

[NitrousOxide]

Grandaddy,

Please don't give up. I used to be petrified when DCA's would just ring!!

A civil court is not like you see on the telly, it's quite laid back. The judge also has to see a balance so if someone is ripping into you he will ask questions of them that he thinks apply.

At the end of the day though I would have very much doubted they would have turned up.

Where are you from? Maybe a local CAGer could have come along for support (if indeed it ever got that far, they usually drop cases like a stone when you defend).

Best wishes.

NO

[tomterm8]

As a third point, although it is common advice to turn up to the hearing, it is quite legitimate to ask the court to hear your case in your absence. You don't even have to go into the office with the judge, if you don't want to. Although, the judge will just be a normal middle aged man or woman, and is nothing to be scared of... respectful, yes, scared no.

[grandaddy]

Reading Tomterms letter and it sounds damn good to me, thank you

for putting so much into that.

 

I know this sounds defeatist, but I ain't that clever with the words.

And I doubt my ability to understand, and itemise, the information that would be returned, well enough to " particularise the details of my defence ".

 

I'm better with technical/mechanicals than words.

 

It takes me so long to think up this stuff I'm putting down here.The results come from trial and lots of errors. I'm typing with one finger.I write out rough, edit lots of times, copy&paste.

 

PS Nitrous, I live about 30 miles north of London.

[tomterm8]

Reading Tomterms letter and it sounds damn good to me, thank you

for putting so much into that.

 

I know this sounds defeatist, but I ain't that clever with the words.

And I doubt my ability to understand, and itemise, the information that would be returned, well enough to " particularise the details of my defence ".

 

I'm better with technical/mechanicals than words.

 

It takes me so long to think up this stuff I'm putting down here.The results come from trial and lots of errors. I'm typing with one finger.I write out rough, edit lots of times, copy&paste.

 

PS Nitrous, I live about 30 miles north of London.

 

grandaddy, I thought I made it clear, if you need help... even to the extent of writing the defence, then that help will be given to you.

 

There is really a very limited amount of stuff we need to see, to write the defence... and I would suggest scanning the appropriate stuff when you get it rather than typing it in. If necessary, you can go to the library and ask someones help to do that.

[PriorityOne]

Reading Tomterms letter and it sounds damn good to me, thank you

for putting so much into that.

 

Grandaddy !! You're back !!

 

I know this sounds defeatist, but I ain't that clever with the words.

And I doubt my ability to understand, and itemise, the information that would be returned, well enough to " particularise the details of my defence ".

 

None of us are good at everything, Grandaddy.... and you are very new to this anyway. Most of us have felt how you do at some point, including myself. Gaining confidence is a slow process, but one that can and will be achieved with the support of everyone on here. It doesn't matter whether you are clever with words or not.... we are here to suppport each other... in writing letters, dealing with intimidation, building confidence and standing up for ourselves.

 

I'm better with technical/mechanicals than words.

 

Then I might be asking you for help one of these days.... as I am useless !

 

It takes me so long to think up this stuff I'm putting down here.The results come from trial and lots of errors. I'm typing with one finger.I write out rough, edit lots of times, copy&paste.

 

PS Nitrous, I live about 30 miles north of London.

 

Grandaddy... you have loads of support on here. You don't even have to ask. Just mention your fears and we will address them one by one and if you need moral support, it will be there. You don't live a million miles from other CAG members either....

 

 

[grandaddy]

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.

 

Sent it God Help me, Well maybe you will.

What next ?

Send Strict Proof ?

Maybe too late anyway,

just wait ?

[tomterm8]

Sent it God Help me, Well maybe you will.

What next ?

Send Strict Proof ?

Maybe too late anyway,

just wait ?

 

Right, have you sent the Credit Agreement Request & discovery letter rory posted?

[grandaddy]

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)

 

 

Send this now? Needs change of respond date to (16th) Aug ?

[tomterm8]

Yes, to both points. Also send this:

 

 

In the matter of

 

XXX vs grandaddy

 

Claim Number XXX

 

In XXX Court

 

 

 

 

 

 

 

 

 

Soliciters Address

 

DATE

 

YOUR ADDRESS

 

 

Dear Sir Or Madam

 

RE: REQUEST FOR CLARIFICATION,

 

On the Particulars of Claim in the case mentioned above, I notice that you have included extensive collection charges. I would ask you to provide me with:

• An explanation of when these charges became due, what term of the contract you are claiming them under, and a break down of the costs you incurred that would enable you to claim such charges.

• A detailed break down of any other collection charges or default charges included in the default balance,

• An explanation of the way you have calculated the default balance.

Please note that I have requested information under the Civil Procedure Rules and the Consumer Credit Act 1974 in order to further the pace of my investigations in this matter, and to enable me to file a defence and counter claim.

 

I would also ask you to set out if you wish a procedure for negotiating this claim or, if you do not feel able to do this, to suggest interim steps for managing this case to the best interest of all parties.

I would ask that all communications should be in writing, although I would consider such negotiations to be without prejudice if this is acceptable to you, and remind you that as a pensioner I have only a very limited income.

 

[in particular, I would like to ask if there is anything I can do to aid the speedy and equitable resolution of this dispute. As you are aware I am a pensioner with very little income, but I might be prepared to consider admitting liability to the court for some part of your claim if it appeared just to do so as part of a negotiated settlement and to let the court decide the installments that are appropriate.. ]

 

I reserve the right to show this letter to the court, and must thank you for your co-operation in this matter.

 

Yours truly,

 

XXX.

[tomterm8]

both by special delivery, next day. and fax the letter to the court (i.e. the one saying oops, made a mistake) to their soliciters tomorrow:)

 

I admit, the second letter is really intended to start the negotiating if possible. You don't seem to want to go to court, but I think no judge would award them £2,000 collection charges for no reason, and so we'll start chipping away at that:)

[grandaddy]

"fax the letter"

 

I dont possess a fax machine

 

"speedy and equitable resolution"

 

£9000 +

I havent got the money.

[tomterm8]

"fax the letter"

 

I dont possess a fax machine

 

"speedy and equitable resolution"

 

£9000 +

I havent got the money.

 

It would mean that you would admit whatever part of the claim is fair, and the court would work out the installments (or you would negotiate it yourself). i've amended the letter, to make that crystal clear.

 

edit:

the local library generally has a fax machine, or you can have a free trial at a company I will PM to you.

 

If you're reasonably good at computing, you can do this http://www.microsoft.com/windowsxp/using/setup/learnmore/crawford_02october21.mspx.

 

You could also use special delivery for everything... but it costs a fortune:(

[grandaddy]

Could try setting up on XP. Im on cable but I have a dial up modem installed. Need to try sending a test fax to somewhere, so I know it works.

I dont know anyone who uses a fax.

Maybe use the library.

[grandaddy]

I would like see them to produce the CCA , or not.

[tomterm8]

I would like see them to produce the CCA , or not.

 

If you want to go the Credit Agreement route, it will, for sure, go to court... you might win or lose, but I'd say it's 90% likely you won't get charged as much as on their PoC.

 

it all depends on you... but if you decide to go that route then I would get rid of "In particular, I would like to ask if there is anything I can do to aid the speedy and equitable resolution of this dispute. As you are aware I am a pensioner with very little income, but I might be prepared to consider admitting liability to the court for some part of your claim if it appeared just to do so as part of a negotiated settlement and to let the court decide the installments that are appropriate"...

 

you still need the other paragraph, since you'll need to show in court you've at least tried to reach an amicable settlement.

How long ago was the agreement? i find anything over 6 hyears old, they very rarely have the paperwork.

[grandaddy]

http://www.consumeractiongroup.co.uk/forum/general-debt/106060-just-recieved-county-court.html#post1017224

1999 apparently, I dont remember.

[tomterm8]

http://www.consumeractiongroup.co.uk/forum/general-debt/106060-just-recieved-county-court.html#post1017224

1999 apparently, I dont remember.

 

well, that gives you a good shot. Some banks are able to get credit agreements from that far back, but not many are.

 

Anyway, apart from sending all the letters off (if necessary, put the letter you sent to the court in one of the special delivery envelopes), theres not much to do until we get a response.

 

don't forget to PM me, if you have any problems/ queries etc.

[grandaddy]

OK, Thank you Tomterm.

[PriorityOne]

It's great to see you back, Grandaddy.... I will be watching your progress. If you get the jitters at any time, just post your thoughts on here and they will be answered. We have all faced similar to what you are going through now.... in varying degrees, so please try and draw comfort from that and try not to worry. You are in good hands.

 

[grandaddy]

Yes, to both points. Also send this:

 

 

In the matter of

 

XXX vs grandaddy

 

Claim Number XXX

 

In XXX Court

 

 

 

 

 

 

 

 

 

Soliciters Address

 

DATE

 

YOUR ADDRESS

 

 

Dear Sir Or Madam

 

RE: REQUEST FOR CLARIFICATION,

 

On the Particulars of Claim in the case mentioned above, I notice that you have included extensive collection charges. I would ask you to provide me with:

• An explanation of when these charges became due, what term of the contract you are claiming them under, and a break down of the costs you incurred that would enable you to claim such charges.

• A detailed break down of any other collection charges or default charges included in the default balance,

• An explanation of the way you have calculated the default balance.

Please note that I have requested information under the Civil Procedure Rules and the Consumer Credit Act 1974 in order to further the pace of my investigations in this matter, and to enable me to file a defence and counter claim.

 

I would also ask you to set out if you wish a procedure for negotiating this claim or, if you do not feel able to do this, to suggest interim steps for managing this case to the best interest of all parties.

 

In particular, I would like to ask if there is anything I can do to aid the speedy and equitable resolution of this dispute. As you are aware I am a pensioner with very little income, but I might be prepared to consider admitting liability to the court for some part of your claim if it appeared just to do so as part of a negotiated settlement and to let the court decide the installments that are appropriate..

 

I reserve the right to show this letter to the court, and must thank you for your co-operation in this matter.

 

Yours truly,

 

XXX.

"

I would also ask you to set out if you wish a procedure for negotiating this claim or, if you do not feel able to do this, to suggest interim steps for managing this case to the best interest of all parties."

 

 

Can I state I wish to keep communications by mail, and that I am unable to to offer any increase on the currently proposed monthly payment figure.

 

I do not trust negotiations by phone, and feel I may be subject to devious tactics thereby ( getting legalise here).

[tomterm8]

Altered the letter.

[grandaddy]

Thank you.

[grandaddy]

Tomterm

Unable to PM you

 

The following errors occurred when this message was submitted:

1. tomterm8 has exceeded their stored private messages quota and can not accept further messages until they clear some space.

http://i139.photobucket.com/albums/q291/ian29smith/Clipboard01-1.jpg?t=1186213121

[tomterm8]

Yep, been deleting stuff, you can send PM's again now:)

[tomterm8]

OK, i've got to go, but I'll be back latter today, so PM me any questions:)