Frisp v Creations/Drydens

[frisp]

I've received a court claim form on behalf of Creations they're being represented by Drydens.

The claim is for an account that belonged to the OH from '96 and has been disputed for over 3 yrs. Creations (Adams Card) has not once in all that time taken this step and I'm wondering why now.

The claim form arrived the same day as a pack that contained statements, a default notice dated 2009 which appears to be a sample, another copy of the barely illegible agreement and letter informing me they'd be starting proceedings on the 7 May 10.

I will be responding to the claim with what I have always disputed;

1. The agreement is clearly an application form, though after Carey this is no longer a real reason for dispute.
2. The agreement is barely legible
3. I have never received a default notice
4. I can't see where the prescribed terms are.

By way of T&Cs they sent a copy of their 06/2000 application form which stated the terms we'd recognise as being prescribed. When requested for the terms pertinent to '96 they just send the same 06/00 blank agreement.

This is the last letter I sent them, they may or may not have received this before taking the step of issuing proceedings

7 May 10

Dear Mr Rosser

Thank you for your letter dated 27 Apr 10 the contents of are noted. As you are no doubt aware, the Judgment by HHJ Waksman QC has clarified a number of points in respect of credit agreements.
a. In making an executed agreement, if it fails to conform to requirements made by regulations as to form and content it will be an improperly executed agreement.
b. Further, financial organisations will be required to provide a, True Copy, when disputing any breach of the Consumer Credit Act.
c. The Judge also confirmed what a financial organisation is not permitted to omit from any reconstituted copy of an agreement under Regulation 3 and that any copy should be ‘easily’ legible.
It is clear from what you have sent the agreement is mostly illegible and does not contain the prescribed terms required of the act. If you dispute this please respond where you consider the agreement does comply with the pre-requisites of the act.
You are not permitted to issue court proceedings only the original complainant can do so. Your client to date has not risked court in this matter I see no reason why I should concern myself, however I look forward to seeing your particulars of claim.

Yours Sincerely

Does anyone seriously think they have a chance with what they're prepared to take to court? or are they trying it on and hoping I will not respond in time?

I've attached the documents for opinion and comment before I respond and fight the claim. I'd can I ask for some help with peer reviewing my defence.

[frisp]

Re: Frisp v Creations/Drydens

I have created the following letter to go to Drydens in the morning, all comments and advice welcome

Dear Mr Rosser
I have today received your POC as referenced above.
In my SAR dated 10 Jun 07 to Creations, I clearly requested a true and legible copy of the credit agreement with terms and conditions relating to the account in dispute, to date these documents have never been received in the format requested.

As you are aware, under the pre-action protocols of the Civil Procedure Rules, I am entitled, in order to enable me to file a defence and any counter-claim, to request specific information regarding the account, to be provided within 10days.
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 THE ALLEGED DEBT CLAIMED, I REQUIRE:

1. A true copy of the executed credit agreement with relevant terms and conditions that applied to the account at the time the account was opened and at the time of any default. The one sent is illegible has none of the prescribed terms and therefore not complainant with the s61(1) of the Consumer Credit Act.

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 notice of assignment and/or default notice or enforcement notice that you or the original creditor sent me, 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.

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.

5. Clarification of the date you acquired the debt, what organisation you acquired it from, their registered office, their company number (if any) and what legal title they had to this debt, and what credit license number they had at the time that the debt was purchased or entered into.

I must advise you that if the information is not forthcoming within 21days, it will be reported to the Court that through your non-compliance you are frustrating proceedings and denying me the opportunity to file a defence and counter claim. I will be highlighting this at any court hearing.

If you make arrangements for me to view the original documentation at one of your client’s branches close to my home, provided that the document is a fully compliant Consumer Credit Agreement under the Consumer Credit Act 1974.

I will immediately, after viewing legible and complaint agreement, resume payments.

Due to your vexatious nature of your action, I reserve the right to make formal complaints against you and your client to Trading Standards and the Office of Fair Trading to whom I may now send copies of our correspondence as evidence.

Please be aware that I am logging all correspondence in regard to this matter and will be charging for time at the rate of £140ph (the value my company puts on my time).

I trust you will comply with all of the above within 21 days or respond that the matter has been settled, send a cheque for £280 (the time spent on this response) and a statement that court action has been cancelled and no further action will been taken at any time in the future.

[frisp]

Re: Frisp v Creations/Drydens

BUMP

I've emailed off my acknowledgment and intent to defend as the MCOL website is down.

What are the court cost associated with a defence and counterclaim?
Do I now have 28 days to make my defence?

[frisp]

Re: Frisp v Creations/Drydens

Bumpty bump bump