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Hi- received a claim from Just cash flow plc, £27900 plus cost £1300. addressed to both me and my husband , and copy of acknowledgment and defence sheet each.
what do we do now*
i will defend in full as relates to a personal guarantee, which has the defence of misrepresentation, presumed undue influence on my husband, unfair contract terms etc
formal complaint done - not answered.*
Pre-action protocol not complied with in 6 ways, wrote a detailed letter of their non compliance, recorded delivery
Dear Sirs,
I am writing a formal letter, with regards to keeping a complete paper trail for your actions. Broken into two parts for your attention as i need clarification on your letter dated 29/05/2020, stating you have issued proceedings on the 27/04/2020 for Myself as an alleged guarantor for Worle Butchers ltd (in liquidation) and on the 27/05/2020 for myself as an alleged guarantor for Bird Heating SW Ltd for which i am a defendant, documents/proceedings i have not received yet - if they exist. But on this point want you to explain what you are not following pre action protocols required for individuals, in the following areas.
*
Worle Butchers Ltd
A formal complaint was raised 11/04/2020, to which you have not responded in the 8 week timescale, so was escalated to the financial ombudsman 04/06/2020, please explain your non response, and why court action was started before dealing with this complaint, in contravention of pre action protocols 6.1 *and 6.2 ( The ombudsman for which you attached a leaflet to your pack).
6.1 If the parties still cannot agree about the existence, enforceability, amount or any other aspect of the debt, they should both take appropriate steps to resolve the dispute without starting court proceedings and, in particular, should consider the use of an appropriate form of Alternative Dispute Resolution (ADR).
6.2 ADR may simply take the form of discussion and negotiation, or it may involve some more formal process such as a complaint to the Financial Ombudsman Service where the dispute concerns a debt regulated under the Consumer Credit Act 1974.
Can you then please explain why apparent court action has started when, my return pack sent 11/04/2020 recorded delivery requested documents from yourself which you had 30 days to supply and you have not under pre action 5.2 - why have you not sent the documents requested- upon a formal court claim, i shall request these again if not supplied formally and officially under CPR 31.3.
5.2 If the debtor requests a document or information, the creditor must –
(a) provide the document or information; or
(b) explain why the document or information is unavailable,
within 30 days of receipt of the request.
Can you explain, why apparent court action has commenced when i stated on my pre action reply i was getting debt advice (along with waiting for documents), which meant upon the pack receipt there was another 30 days in which court action is not to be started also -which means court action couldn't *be considered until after 15/05/2020, if the documents had been received- but they haven't yet and it is the later of the two items, so to apply pre action protocol 4.2, court should not be commenced until i receive the documents i have requested and have still not received. But you claim to have filed 27/04/2020. Please explain the reason to ignore this part of protocol 4.2.
4.2 If the debtor indicates that they are seeking debt advice, the creditor must allow the debtor a reasonable period for the advice to be obtained. In any event, the creditor should not start court proceedings less than 30 days from receipt of the completed Reply Form or 30 days from the creditor providing any documents requested by the debtor, whichever is the later.
Please explain why upon receipt of the response pack to pre action protocol sent 11/04/2020, that you decision to apparently start proceedings 27/04/2020, ignoring protocols 4.2, 5.2,6.1,6.2 this action was not proceeded by another Letter before action 14 days before 27/04/2020 as required and protocol 8.1 and 8.2 were not followed.
8.1 Where the procedure set out in this Protocol has not resolved the matter between the debtor and creditor, they should undertake a review of their respective positions to see if proceedings can be avoided and, at the least, to narrow the issues between them.
8.2 Where the debtor has responded to the Letter of Claim but agreement has not been reached, the creditor should give the debtor at least 14 days’ notice of their intention to start court proceedings, unless there are exceptional circumstances in which urgent action is required (for example, beause of statute of limitations).
so that is a section of my letter- i dont mind defending the claim, but they have selected a court in wales , i want my local court
and i want to make sure i can make a costs claim. ie. not pay their costs or legal fees or interest because of* their non compliance if they win.
what do you think?
*
what do we do now*
i will defend in full as relates to a personal guarantee, which has the defence of misrepresentation, presumed undue influence on my husband, unfair contract terms etc
formal complaint done - not answered.*
Pre-action protocol not complied with in 6 ways, wrote a detailed letter of their non compliance, recorded delivery
Dear Sirs,
I am writing a formal letter, with regards to keeping a complete paper trail for your actions. Broken into two parts for your attention as i need clarification on your letter dated 29/05/2020, stating you have issued proceedings on the 27/04/2020 for Myself as an alleged guarantor for Worle Butchers ltd (in liquidation) and on the 27/05/2020 for myself as an alleged guarantor for Bird Heating SW Ltd for which i am a defendant, documents/proceedings i have not received yet - if they exist. But on this point want you to explain what you are not following pre action protocols required for individuals, in the following areas.
*
Worle Butchers Ltd
A formal complaint was raised 11/04/2020, to which you have not responded in the 8 week timescale, so was escalated to the financial ombudsman 04/06/2020, please explain your non response, and why court action was started before dealing with this complaint, in contravention of pre action protocols 6.1 *and 6.2 ( The ombudsman for which you attached a leaflet to your pack).
6.1 If the parties still cannot agree about the existence, enforceability, amount or any other aspect of the debt, they should both take appropriate steps to resolve the dispute without starting court proceedings and, in particular, should consider the use of an appropriate form of Alternative Dispute Resolution (ADR).
6.2 ADR may simply take the form of discussion and negotiation, or it may involve some more formal process such as a complaint to the Financial Ombudsman Service where the dispute concerns a debt regulated under the Consumer Credit Act 1974.
Can you then please explain why apparent court action has started when, my return pack sent 11/04/2020 recorded delivery requested documents from yourself which you had 30 days to supply and you have not under pre action 5.2 - why have you not sent the documents requested- upon a formal court claim, i shall request these again if not supplied formally and officially under CPR 31.3.
5.2 If the debtor requests a document or information, the creditor must –
(a) provide the document or information; or
(b) explain why the document or information is unavailable,
within 30 days of receipt of the request.
Can you explain, why apparent court action has commenced when i stated on my pre action reply i was getting debt advice (along with waiting for documents), which meant upon the pack receipt there was another 30 days in which court action is not to be started also -which means court action couldn't *be considered until after 15/05/2020, if the documents had been received- but they haven't yet and it is the later of the two items, so to apply pre action protocol 4.2, court should not be commenced until i receive the documents i have requested and have still not received. But you claim to have filed 27/04/2020. Please explain the reason to ignore this part of protocol 4.2.
4.2 If the debtor indicates that they are seeking debt advice, the creditor must allow the debtor a reasonable period for the advice to be obtained. In any event, the creditor should not start court proceedings less than 30 days from receipt of the completed Reply Form or 30 days from the creditor providing any documents requested by the debtor, whichever is the later.
Please explain why upon receipt of the response pack to pre action protocol sent 11/04/2020, that you decision to apparently start proceedings 27/04/2020, ignoring protocols 4.2, 5.2,6.1,6.2 this action was not proceeded by another Letter before action 14 days before 27/04/2020 as required and protocol 8.1 and 8.2 were not followed.
8.1 Where the procedure set out in this Protocol has not resolved the matter between the debtor and creditor, they should undertake a review of their respective positions to see if proceedings can be avoided and, at the least, to narrow the issues between them.
8.2 Where the debtor has responded to the Letter of Claim but agreement has not been reached, the creditor should give the debtor at least 14 days’ notice of their intention to start court proceedings, unless there are exceptional circumstances in which urgent action is required (for example, beause of statute of limitations).
so that is a section of my letter- i dont mind defending the claim, but they have selected a court in wales , i want my local court
and i want to make sure i can make a costs claim. ie. not pay their costs or legal fees or interest because of* their non compliance if they win.
what do you think?
*
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