N1claim form received over Marbles Credit Card

[FlamingParrot]

Re: N1 received over Marbles Credit Card

Yeah that agreement came with the replacement card. I do not have a copy of the original one that I signed.

There is the possibility that I had the card before April 2007.

No I never sent a letter requesting a copy of the agreement, is it too late to ask for one now as part of my defence as I only have until 24/06 to get my Claim form back

No, it's not too late. You have 14 days from date of issue (+5 for service) to acknowledge the claim and, if you tick the box stating your intention to defend, you have a further 14 days.

You can request a copy of any documents mentioned on their particulars of claim (which includes the agreement), under CPR.31.14 as noted here, amending the wording to suit your dates and the documents they've mentioned: http://www.legalbeagles.info/forums/...189#post334189 :typing:

[ncf355]

Re: N1 received over Marbles Credit Card

When the claim is issued through the Northampton Bulk Centre, there is no requirement to attach the documents to the claim form, the whole process can be done online. :typing:



http://www.justice.gov.uk/courts/procedure-rules/civil/rules/part07/pd_part07c

The defendant still has the right to request the documents mentioned on the particulars of claim under CPR 31.14.

Yes,

quite right, I should have elaborated but I see you've covered disclosure above so seems the advice is on the right track

The constant abuse of the "no documents" MCOL rule is a disgrace!

[paddy1]

Re: N1 received over Marbles Credit Card

No, it's not too late. You have 14 days from date of issue (+5 for service) to acknowledge the claim and, if you tick the box stating your intention to defend, you have a further 14 days.

You can request a copy of any documents mentioned on their particulars of claim (which includes the agreement), under CPR.31.14 as noted here, amending the wording to suit your dates and the documents they've mentioned: http://www.legalbeagles.info/forums/...189#post334189 :typing:

Can't see that thread for some reason, I don't have permissions when I click that link :tinysmile_cry_t:

[FlamingParrot]

Re: N1 received over Marbles Credit Card

Can't see that thread for some reason, I don't have permissions when I click that link :tinysmile_cry_t:

My apologies, I forgot it's in the VIP area which is accessible only to subscribers. :ohwell:

This is the letter:.

Dear Sirs,

We request disclosure of documents referred to in your claim, pursuant to CPR 31.14.

1. Copy Agreement
2. Default Notice
3. Formal Demand 12/03/13

I require inspection of these documents ahead of filing the defence on XX May 2013, so I request that they are provided to me within 7 days.

If you are unable to supply these documents within 7 days, we request that you agree to an extension of a further 21 days beyond the current defence deadline, to allow sufficient time for me to assess any documents received.

Please let me know your position on timescales for supply of the documents referred to in your pleadings.

Yours sincerely

Send this recorded delivery.

[paddy1]

Re: N1 received over Marbles Credit Card

My apologies, I forgot it's in the VIP area which is accessible only to subscribers. :ohwell:

This is the letter:.




Send this recorded delivery.

Cheers for that

[paddy1]

Re: N1 received over Marbles Credit Card

Just need to decide now which box to tick?
Defend all claim?
Part of claim?
or contest jurisdiction?

hmmm

[FlamingParrot]

Re: N1 received over Marbles Credit Card

Just need to decide now which box to tick?
Defend all claim?
Part of claim?
or contest jurisdiction?

hmmm

Defend all claim, otherwise if you defend part of claim, you get a CCJ for the rest! :scared:

[paddy1]

Re: N1 received over Marbles Credit Card

Ok sound I will do.

Is it also worth me asking for copies of all documents they hold on file for me as per my rights under the Data Protection Act if I include a £10 fee. I'm just thinking that I sent a letter back in 2010 stating I was in financial hardship & I'm pretty sure they did not agree to the £1 per month payment. (I can't find the paperwork!!)

Granted the letter was sent to Marbles & this is now Capquest who I am dealing with now, so unsure if they'd hold all that information?

[FlamingParrot]

Re: N1 received over Marbles Credit Card

Ok sound I will do.

Is it also worth me asking for copies of all documents they hold on file for me as per my rights under the Data Protection Act if I include a £10 fee. I'm just thinking that I sent a letter back in 2010 stating I was in financial hardship & I'm pretty sure they did not agree to the £1 per month payment. (I can't find the paperwork!!)

Granted the letter was sent to Marbles & this is now Capquest who I am dealing with now, so unsure if they'd hold all that information?

You could send a Subject Access Request (SAR) under the DPA with the £10 fee but that would be totally independent from the CPR requests and they have up to 40 days to respond to a SAR.

If you were going to send such a request, you'd send it to the original lender rather than the DCA or debt purchaser, who would have bought the debt without any paperwork. It would be a waste of time and money to SAR Capquest. :ohwell:

[paddy1]

Re: N1 received over Marbles Credit Card

Yeah no worries, I understand, I'll refrain for now for as you say if it takes up to 40 days then that is not going to help with my defence

[Celestine]

Re: N1 received over Marbles Credit Card

And do remember, you CAN'T draft a defence WITHOUT sight of the documents you are requesting under CPR31.14.

So, if they don't comply, seek the 15.5 extension to the defence deadline. If they STILL can't produce documents, you will need to produce a defence partly based upon this non compliance.

[paddy1]

Re: N1 received over Marbles Credit Card

Ok thanks very much. I will get a letter printed off & sent tomorrow asking for the documents, as well as sending the claim back stating a defence of the claim.

Cheers

[Celestine]

Re: N1 received over Marbles Credit Card

Ok thanks very much. I will get a letter printed off & sent tomorrow asking for the documents, as well as sending the claim back stating a defence of the claim.

Cheers

Please send letter Recorded/Special Delivery - These companies have a sneaky habit of disregarding such letters from Litigants In person (LIPs). Chase them up by phone 3 days after sending to see if they intend on complying in a timely fashion.

[paddy1]

Re: N1 received over Marbles Credit Card

Ok sound yeah will do, thanks.

Bit of a daft question but the claim form has Capquest as the Claimant but HL Legal & Collections for sending docs & payment to. I take it I am sending the request to Capquest? Sorry if it's a daft question just want to be sure.

Cheers

[mystery1]

Re: N1 received over Marbles Credit Card

No, send it to the solicitors.

I'd also be asking them to replead their case. The pocs are rotten. No dates, no default notice or contractual termination, no pre action protocols etc etc.

M1