Hi all.

[stubumbles]

Just saying Hi for now and asking ... What thread should I put this in?

On the 17th January I received a claim form from Northampton bulk, issue date 12 Jan 2012. The Claimant, Wescot SPV Ltd, says they bought my debt from Goldfish in 2002. Now, I had numerous debts in 2002 due to business failure but do not recall a Goldfish Card and can see no payments to Goldfish from my bank in the last 10-years.

I did pay 4 different monthly amounts to Wescot which I stopped in May 2006 when I left home and moved to rented accommodation (just buried my head in the sand.) Anyhow, to buy some time whist I looked through my files I submitted an acknowledgement on the 25th January.

Next, as I had no recollection of Goldfish, could find no statements, defaults etc. from them or from Wescot I sent a CPR31.14 to Wescot's solicitors which they signed for on Monday 30th January.

I have asked for:

1 The agreement. You will appreciate that in an ordinary case and by reason of the provisions of CPR PD 16 para7.3, where a claim is based upon a written agreement, a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the original(s) should be available at the hearing. Further, that any general conditions incorporated in the contract should also be attached.


2. The default notice

3. The termination notice

4. The Notice of Assignment

5. The Deed of Assignment from the Original Creditor to prove your legal entitlement to issue this claim.

Because the POC states:

This claim is xxx.xx being monies owing to the Claimant in respect of a credit agreement between Goldfish and the Defendant under account number xxxxxxxxx. The agreement was terminated as the Defendant failed to maintain the agreed terms. In accordance with pre-action protocols the Claimant has attempted to contact the Defendant and agree a re-payment plan. The Defendant has failed to respond or maintain a suitable arrangement. Goldfish has sold and assigned all rights, title and interest under this agreement to Wescot SPV Limited.

And the Claimant claims interest pursuant to section 69 of the county court Act 1984 at the rate of 8% per annum from 10/11/2002 to 11/01/2012 totalling xxx.xx and thereafter at a daily rate of 0.15 to date of judgement or sooner

My questions are ... have I done the right things so far? What should I do if they don't respond? What should I do if they provide the answers?

Many thanks Stubumbles (sorry for the long Hi!!!)

[Bill-K]

Re: Hi all.

Hi and welcome, Stubumbles. It looks to me as though you've effectively issued a "prove it" letter - and done so most impressively !!!

Remember not to admit or acknowledge the debt.

One of the admin team will probably move this thread to the right area soon.

[stubumbles]

Re: Hi all.

Thanks for this. I do hope someone will read this soon and put it in the right thread as well as giving me some advice?

[teaboy2]

Re: Hi all.

If no payment has been made in the last 6 year or any acknowledgment of the debt was made in the last 6 years. Then the debt is statuted barred and they can not enforce the debt in court. Note if your n scotland then its 5 years and not 6.

So be careful that Westcott do not try to use your payments for another account (which account were those payments too westcott for by the way) as evidence of payment to this alleged goldfish account. As i would not put it past them.

Also they are legally obilged to send you annual account statements too, i believe. If they have not done so then it will not help their case.

[stubumbles]

Re: Hi all.

Hi Teaboy & thanks.

The Wescot payments on my bank statements just say Wescot but I had assumed that one of them was for the Goldfish even though I don't remember it. I also assumed that a statute bar would not count because I paid them (Wescot) until May 2006.

However, they are claiming interest from when they say they took over the account in 2002 which would be statute barred?

My main questions are; what should I do next if they haven't responded by Monday (end of the 7-days)?

Some people say that I should write to Wescot again and also request more time (defence would be due on 13th) as well as informing the court. Others say I should subit an embarrassed defence but I'm not sure what that is.

Read more at: Hi all. - Legal Beagles Consumer Forum

[stubumbles]

Getting more urgent.

As tomorrow is the 7-day deadline for Wescot to reply to the CPR I thought I had better try to get set up in advance.

As I said earlier I have asked:

1. The agreement. You will appreciate that in an ordinary case and by reason of the provisions of CPR PD 16 para7.3, where a claim is based upon a written agreement, a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the original(s) should be available at the hearing. Further, that any general conditions incorporated in the contract should also be attached.

2. The default notice

3. The termination notice

4. The Notice of Assignment

5. The Deed of Assignment from the Original Creditor to prove your legal entitlement to issue this claim.

But, what should I do next if they don't respond on Monday?

Some say that I should write to Wescot again and also request more time (defence would be due on 13th) as well as informing the court.

Others say I should subit an embarrassed defence but I'm not sure what that is.

[teaboy2]

Re: Hi all.

If they have not responded to your CPR request then they are in breach of court process, you simply make out your defence along the lines

1 - I the defendant, neither admit or deny the claiments claim.

2 - The claiment had failed to responded to the defendants CPR31.14 request dated xx/xx/xx/ sent recorded delivery on xx/xx/xx. As such the defedant has no idea as to what the claiment is basis their claim on as a result of the claiments failure to comply with court process rules.

3 Also as a result of the claiments failure to respond to the defendants CRP31.14 request for copies of all documents in which the claiment is basis their claim on, the defendant is both embarrassed and unable to defend against such claim, whilst not knowing what the claiment is claiming for, other than an amount of money that the defendant has no knowledge off.

4 In light of paragraph 1-3 above the defendant requests that he/she be allowed to amend his/her defence in the event that the claiment discloses the documents requested at trial or after the date of this defence being submitted. The above is more or less a variation of the embarressed defence, as the line of thinking now is to stick to facts in your defence rather than use a full embarrassed defence.


Send that after the deadline for the CPR request passes, if you still have not received anything. Others here may want to edit or add to the above too, as i have only made a brief outline defense due to being in a bit of a rush myself. The above is a variation of the embarressed defence as the thinking now is to stick to facts in the defence rather than go down the full embarressed defence route.

[stubumbles]

Re: Hi all.

Thanks Teaboy. Can anyone point me to where a little clearer version of this sort of defence can be found.

[stubumbles]

No response to CPR 31.14 - What next?

I've had no response to the CPR (deadline today) and the date for the case should be Monday the 13th. Does anyone know where I can find the information on what I do next and/or, what a partial embarrased defence is.

I appreciate Teaboy's version earlier but need a template/little clearer version of how I word one?

[stubumbles]

Re: No response to CPR 31.14 - What next?

I've had no response to the CPR (deadline today) and the date for the case should be Monday the 13th. Does anyone know where I can find the information on what I do next and/or, what a partial embarrased defence is.

I appreciate Teaboy's version earlier but need a template/little clearer version of how I word one?

Anyone?