CCJ Received in post today...PLEASE advise!!

[vogelrok]

got my letter for the wife ready to send tomorrow but what address have you got for them A6er.

 

the one one the wifes claim form is a P.O. Box number, cant send record to po boxs

[debtsurvivor]

Just subscribing my situation is similar but not identical, I have to get a defence to court by Monday - Good luck with every thing

 

Best - DS

[MoonHawk]

JD Williams own Fashion World as well as several other catalogue compnaies, and is the compnay that you would legally deal with as the parent of Fashion World.

 

Best Wishes

MoonHawk

[tomterm8]

Was your account a "fashion world personal account?"

[tomterm8]

JD Williams own Fashion World as well as several other catalogue compnaies, and is the compnay that you would legally deal with as the parent of Fashion World.

 

Best Wishes

MoonHawk

 

MoonHawk, Fashion World is a seperate legal company, and as such even if JD Williams ownes Fashion World Ltd, Fashion World Ltd is the company that should have issued the claim.

[MoonHawk]

I stand corrected Thanks for the clarification Tom. I made an incorrect assumption based on the fact that all my correspondence regarding charges, SAR etc were responded to by JD Williams even though originally addressed to FW (and my limited legal knowledge).

 

Best Wishes

MoonHawk

[A6er]

Was your account a "fashion world personal account?"

 

Hi Tom

 

Yes it was a Fashion World Personal Account.

 

[A6er]

got my letter for the wife ready to send tomorrow but what address have you got for them A6er.

 

the one one the wifes claim form is a P.O. Box number, cant send record to po boxs

 

 

cant find proper address for them.

searched online with companies house and 192.com.

 

only get po box number

 

 

MLS Solicitors LLP

Address Stockport, Greater Manchester, England

Telephone 0161 968 7037

 

Name & Registered Office:

MLS SOLICITORS LLP

4 ALBION PLACE

NORTHAMPTON

NORTHAMPTONSHIRE NN1 1UD

Company No. OC302278

 

Name & Registered Office:

MIDAS LEGAL SERVICES LIMITED

PO BOX 402 GEORGE HOUSE

JOHN STREET

STOCKPORT

SK1 3EG

Company No. 04156549

[vogelrok]

will ring the court tomorrow and see what they say.

 

its not that you cant send them i dont think you will get proof of it being signed for. which i will need as proof at some point i bet.

 

cheers for addresses mate.

[tomterm8]

will ring the court tomorrow and see what they say.

 

its not that you cant send them i dont think you will get proof of it being signed for. which i will need as proof at some point i bet.

 

cheers for addresses mate.

 

It doesn’t matter so much if you send by first class post, as long as you keep proof of posting. If you look at practice direction 6:

6

6.2(1)

A document may be served by any of the following methods –

(b)

first class post (or an alternative service which provides for delivery on the next working day);

 

6.5(4)

Any document to be served –

(a)

by first class post (or an alternative service which provides for delivery on the next working day);

 

must be sent or transmitted to, or left at, the address for service given by the party to be served.

6.7

 

6.7(1)

A document which is served in accordance with these rules or any relevant practice direction shall be deemed to be served on the day shown in the following table –

Method of service

Deemed day of service

First class post (or an alternative service which provides for delivery on the next working day)

The second day after it was posted.

[A6er]

hi A6er...

 

As I said, I have looked in on your thread today, and re-read it. My current instinct is that it's going to fail on a number of counts, no Credit agreement being a big one, but also the fact that they've got the wrong claimant and etc.

 

Does the "invoice no" match up with anything you've seen?

 

I know it feels like you should be writing your defence NOW, but really - until you've got the response to the credit agreement request & disclosure request, you can't write the defence.

 

If they DON'T respond, we'll submit a placeholder defence as appropriate... I have a few standard templates, so don't sweat it... but I'll have to spend 15 minutes or so amending it to fit your case.

 

i would prefer to wait and see if they produce anything, rather than waste my time altering something now, which becomes invalid due to their actions. besides, it really isn't a good idea to give the DCA too much of a heads up so soon before the defence is due.

 

PM me if anything changes, or 5 days before you need to submit the defence.

 

Hi Tom and everyone else,

 

Well its getting close to the deadline and we still havent received anything from the CCA and SAR requests we submitted after receiving the Northampton Count Court Claim Form from JD Williams(fashion world).

 

Would like to start drafting defence now as I dont think we will get any joy from Moorcroft and MLS Solicitors and I want to be fully loaded when I post off the defence form.

 

TomTerm and CurleyBen have kindly offered their help but I will appreciate all input from other CAGers too.

 

Thanks guys.

[debtsurvivor]

I'd say you have some of the best on the case already. Keep cool and good luck

[PI Guy]

cant find proper address for them.

searched online with companies house and 192.com.

 

only get po box number

 

Ring up royal mail customer services and ask for their address quoting the PO number, they will tell you over the phone.

 

but in any case their registered address will do for service.

[MoonHawk]

its not that you cant send them i dont think you will get proof of it being signed for. which i will need as proof at some point i bet.

 

I have sent several to PO boxes and have a signature off the RM site as proof of delivery.

 

Best Wishes

MoonHawk

[debtsurvivor]

I have sent several to PO boxes and have a signature off the RM site as proof of delivery.

 

Best Wishes

MoonHawk

 

 

Yes me too, I have not found it a problem I used special delivery.

[Rtech]

Have sent a number to PO boxes,by recorded delivery,and all have been signed for.The DCA determines the address for mail on their letters to 'supposed' debtors,so to send mail there with 'proof of posting'must be adequate.

[A6er]

hi A6er...

 

As I said, I have looked in on your thread today, and re-read it. My current instinct is that it's going to fail on a number of counts, no Credit agreement being a big one, but also the fact that they've got the wrong claimant and etc.

 

Does the "invoice no" match up with anything you've seen?

 

I know it feels like you should be writing your defence NOW, but really - until you've got the response to the credit agreement request & disclosure request, you can't write the defence.

 

If they DON'T respond, we'll submit a placeholder defence as appropriate... I have a few standard templates, so don't sweat it... but I'll have to spend 15 minutes or so amending it to fit your case.

 

i would prefer to wait and see if they produce anything, rather than waste my time altering something now, which becomes invalid due to their actions. besides, it really isn't a good idea to give the DCA too much of a heads up so soon before the defence is due.

 

PM me if anything changes, or 5 days before you need to submit the defence.

 

Hi TomTerm,

 

Well its 5 days till my defence is due so would really appreciate guidance on the defence please.

Also appreciate everyone elses input.

 

Cheers

(Worried!!)

[tomterm8]

Do this my MCOL online OR call the court and find out how to serve it by fax. DO NOT USE THE POSTAL SERVICES.

 

 

 

DEFENCE

 

1. I deny all allegations put by the claimant in their particulars of claim, and put them to strict proof on each allegation.

 

2. The Defendant is embarrassed in pleading to the Particulars of Claim as it stands at present, inter alia:-

 

3. The claimants’ particulars of claims disclose no legal cause of action and they are embarrassing to the defendant as the claimant's statement of case is insufficiently particularised and does not comply or even attempt to comply with CPR part 16. In this regard I wish to draw the courts attention to the following matters;

 

a) The Particulars of Claim are vague and insufficient and do not disclose an adequate statement of facts relating to or proceeding the alleged cause of action. No particulars are offered in relation to the nature of the written agreement referred to, the account number of the agreement, the method the claimant calculated any outstanding sums due, or any default notices issued or any other matters necessary to substantiate the claimant’s claim.

 

b) A copy of the purported written agreement that the claimant cites in the Particulars of Claim, and which appears to form the basis upon which these proceedings have been brought, has not been served attached to the claim form.

 

c) A copy of any evidence of both the scope and nature of any default, and proof of any amount outstanding on the alleged accounts, has not been served attached to the claim form.

 

4. I deny that any contractual relationship has ever existed between the claimant, JD Williams, and me. The claimant appears to refer to an account between myself and Fashion World Ltd (a company which appears to be in the same group as JD Williams). The claim appears to have been issued in error; nevertheless, the claimant has no right of action whatsoever against me.

5 Consequently, I deny all allegations on the particulars of claim and do not know what case I have to meet.

6 This claim appears to arise from a fashion world personal account I opened on or around DATE, with Fashion World Ltd. This account was a regulated agreement under the consumer credit act 1974.

7. In respect of that which is denied, on the DATE, a request was made under section 78, running account credit, of the Consumer Credit Act 1974, to obtain a copy of a credit agreement that the alleged debt refers to. It was sent by guaranteed delivery to the Claimant’s Solicitors, with the statutory £1.00 fee enclosed. It was received on the DATE, which gave the Claimant twelve working days from receipt of the request, to provide said document, which is stipulated in Regulation 2 of The Consumer Credit (Prescribed Periods for Giving Information) Regulations 1983. The claimant has not provided this document. Accordingly, having failed to produce a credit agreement within the requisite timescale or at all, the Claimants are in default of said request under section 78(6)(a) of the Consumer Credit Act 1974.

 

8. I deny that there has been any failure to make payment in accordance with the alleged contract. The Claimant has failed to produced a copy of a properly executed credit agreement and in the absence of such an agreement, which conforms to sections 60 and 61 of the Consumer Credit Act 1974, the Defendant avers that no agreement has ever existed for there to have been any failure to make said payment.

 

9 It is denied that any Default Notice in the prescribed format was ever received and the Defendant puts the Claimant to strict proof that said document in the prescribed format was delivered to the defendant.

 

10 In respect of that which is denied, during the period in which the Account was operating the claimant debited numerous charges to the Account in respect of purported breaches of contract on the part of the Claimant and also charged interest on the charges once applied. The defendant understands that the claimant contends that the charges were debited in accordance with the terms of the contract between itself and the Claimant.

 

11 The defendant contends that:

 

a) The charges debited to the Account are punitive in nature; are not a genuine pre-estimate of cost incurred by the claimant; exceed any alleged actual loss to the claimant in respect of any breaches of contract on the part of the defendant; and are not intended to represent or related to any alleged actual loss, but instead unduly enrich the Claimant which exercises the contractual term in respect of such charges with a view to profit.

 

b) The contractual provision that permits the Claimant to levy such charges is unenforceable by virtue of the Unfair Terms in Consumer Contracts Regulations (1999) and the common law.

 

 

12 Accordingly I put the Claimant to strict proof that every charge and collection charge made to the account was valid and lawful. I aver that any default notice sent would have included these charges.

 

13 I put the claimant to strict proof that any default notice sent to me was valid. I note that to be valid, a default notice needs to be accurate in terms of both the scope and nature of breach. If the claimant sent a default notice that includes unlawful charges, this default notice is invalid under English law for the reason that it is inaccurate and so the claimant may not seek to enforce this debt.

 

14 Further, the claimant states that I have refused to pay sums due under agreement. In its particulars of claim, it has not explained under what terms of any agreement these sums were due and I put the claimant to strict proof that said monies are due.

 

15 Having instigated these proceedings without any legal basis for doing so, having failed to provide sufficient information required under the pre-trial protocols in order to investigate this claim, or indeed to provide a reasonable time period to investigate this matter, and having failed to investigate a dispute as required by the OFT Debt collection Guidelines I believe the Claimant’s conduct amounts to unlawful harassment under section 40 of The Administration of Justice Act. Furthermore, the Claimant’s behaviour is entirely vexatious and wholly unreasonable.

[A6er]

Thanks TomTerm

 

What a marvellous response you have done:)

 

Would just like to clarify a few points

 

1:

Should I also include that this was passed from Moorcroft to MLS without any legal foundation too,in that as the account was in dispute with Moorcroft they had no right to transfer it to Midas Legal Services and as such MLS are not entitled to take any action on a disputed account.

 

2:

Quoted from above defence,

 

a) The Particulars of Claim are vague and insufficient and do not disclose an adequate statement of facts relating to or proceeding the alleged cause of action. No particulars are offered in relation to the nature of the written agreement referred to, the account number of the agreement, the method the claimant calculated any outstanding sums due, or any default notices issued or any other matters necessary to substantiate the claimant’s claim.

The account number on the Claim Form is the corrrect account number that I had with Fashion World,even though they have it as an account number with JD Williams.Will this account number cause any negative aspects in relation to the above quote?

 

3:

If I send this via MCOL,do I get a copy of the defence for my records as this is my first defence of a Claim Form and as such dont really know what happens next.

 

 

Cheers TomTerm for all your help,I really do appreciate all your advice and assistance.

[tomterm8]

Thanks TomTerm

 

What a marvellous response you have done:)

 

Would just like to clarify a few points

 

1:

Should I also include that this was passed from Moorcroft to MLS without any legal foundation too,in that as the account was in dispute with Moorcroft they had no right to transfer it to Midas Legal Services and as such MLS are not entitled to take any action on a disputed account.

Nope. Moorcroft is a DCA, MLS is (effectively) the same company, although it may be a Ltd in the same group. Either way, it's not all that relevant.

 

 

2:

Quoted from above defence,

 

a) The Particulars of Claim are vague and insufficient and do not disclose an adequate statement of facts relating to or proceeding the alleged cause of action. No particulars are offered in relation to the nature of the written agreement referred to, the account number of the agreement, the method the claimant calculated any outstanding sums due, or any default notices issued or any other matters necessary to substantiate the claimant’s claim.

 

The account number on the Claim Form is the corrrect account number that I had with Fashion World,even though they have it as an account number with JD Williams.Will this account number cause any negative aspects in relation to the above quote?

 

Delete the account number

 

3:

If I send this via MCOL,do I get a copy of the defence for my records as this is my first defence of a Claim Form and as such dont really know what happens next.

 

No. Cut and paste it from a word document. Make sure the cut and paste doesn't do anything odd - like change quotation marks to question marks etc.

It may be the defence is too long for MCOL. In which case, you'll have to fax it to the court.

 

Cheers TomTerm for all your help,I really do appreciate all your advice and assistance.

 

 

..

[A6er]

Delete the account number

 

 

The account number is on the Claim Form so I cant delete it.

What I meant was should i delete that sentence concerning the account number as they had the correct account number albeit under the wrong company.Or do I just keep it in?

 

Thanks again Tom:)

[tomterm8]

The account number is on the Claim Form so I cant delete it.

What I meant was should i delete that sentence concerning the account number as they had the correct account number albeit under the wrong company.Or do I just keep it in?

 

Thanks again Tom:)

 

delete it:-o

[A6er]

Well I have just sent off the defence via MCOL.

 

When it came to the last screen asking if I wanted to save a copy of the submitted defence I clicked yes use Adobe to download pdf format.

 

It then said system busy please try later and would not allow me to use browser to go back to Defence Submitted Succesfully screen(I was going to take a screenshot just to be on the safe side) and closed MCOL down.

 

Does anyone know if you can log back in to download and print off your defence or have I now lost all proof that I submitted one.

 

Cheers to everyone for their help with this and will let you know outcome.

Fingers Crossed

[tomterm8]

I would suggest calling the court tomorrow, and asking them:)

[Oh Boy!]

I dont know what all the panik is about i can almost gurantee that the bailiff is not going to turn up, my reputation is on the line. But file away anyway.