someone please help. received a county court buisness centre letter from shoosmiths

[ncf355]

Re: someone please help. received a county court buisness centre letter from shoosmi

Hi do I send this to shoosmiths or arrow global Guernsey.
I don't even know my original reference number I had with capital one.

Hi,

I'd say to play it safe, send the request to both Shoosmith and Arrow Global, if possible send all post to them via recorded post so you can evidence the requests

[ncf355]

Re: someone please help. received a county court buisness centre letter from shoosmi

Is the number you have crossed out in:

"(No xxxcxcxxxxxxx) and assigned to the claimant on the 10/02/14"

a 16 digit number?

If so, this is likely to be your credit card agreement number and can be used in the CCA S77/78 request

If not, you can just quote the reference number they quote for your account and state your previous addresses and DOB so they can clearly identify the account from those details.

[ncf355]

Re: someone please help. received a county court buisness centre letter from shoosmi

Right,

you also need to send the following to Shoosmith:


__________________________________________________ ___________________


Your name
Your address

DATE

Dear Sir or Madam,

Re: CLAIMANT V DEFENDANT (INSERT THE CLAIMANT NAME AND YOUR NAME)
CLAIM NUMBER: (INSERT CLAIM NUMBER)

CPR 31.14 Request

On DATE I received the Claim Form in this case issued by you out of the Northampton County Court.

I confirm having returned my acknowledgement of service to the court in which I indicate my intention to contest all of your claim.

Please treat this letter as my request made under CPR 31.14 for the disclosure and the production of a verified and legible copy of each of the following documents mentioned in your Particulars of Claim:

1. The original agreement and terms and conditions from that date. You will appreciate that in an ordinary case and by reason of the provisions of CPR PD 16 para 7.3, 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 alleged to have been served upon me, together with proof of service
3. Evidence of how the balance claimed has been arrived at
4. Notice of Assignment.

I would remind you that your claim is based on an alleged agreement made under the Consumer Credit Act 1974 (as amended), and as such you should have ensured such documents were in your possession before the commencement of such a claim.

I would ask that you take note that at this time the claim is yet to be allocated to a track, and therefore a response that the request will not be applicable due to the claim being “likely’ to be allocated to small claims will be regarded as insufficient, and an order will be sought from the court for enforcement of such request via an unless order.

You should ensure compliance with your CPR 31 duties and ensure that the documents I have requested are copied to and received by me within 7 days of receiving this letter (letter sent via recorded delivery).

Your CPR 31 duties extend to making a reasonable and proportionate search for the originals of the documents I have requested, the better for you to be able to verify the document's authenticity and to provide me with a legible copy.

Further, where I have requested a copy of a document, the original of which is now in the possession of another person, you will have a right to possession of that document if you have mentioned it in your case. You must take immediate steps to recover and preserve it for the purpose of this case.

Where I have mentioned a document and there is in your possession more than one version of that same document owing to a modification, obliteration or other marking or feature, each version will be a separate document and you must provide a copy of each version of it to me. Your obligations extend to making a reasonable and proportionate search for any version(s) to include an obligation to recover and preserve such version(s) which are now in the possession of a third party.

In accordance with CPR 31.15(c) I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.

If you require more time in which to comply with this request you must tell me in writing.

You must tell me before the time for compliance with this request has expired. In telling me you require more time you must tell me what steps you have taken and propose to take in order to comply with this request and also state a date by when you will comply with this request.

In addition your statement must be accompanied with a statement that you agree to an extension of the time for me to file my defence. Your extension of time must be not less than 14 days from the date when you say you will have complied with my request and you must state the new date for filing my defence as required under CPR 15.5.

If you are unable to comply with this request and believe that you will never be able to comply with this request you must tell me in writing.

Please note that if you should fail to comply with this request, fail to request more time or fail to agree to an extension of time for the filing of my defence, I will make an application to the court for an order that the proceedings be struck out or stayed for non-compliance and a summary costs order.

I do hope this will not be necessary and look forward to hearing from you.

Yours faithfully

X (TITLE AND NAME ONLY, DO NOT SIGN)

[ncf355]

Re: someone please help. received a county court buisness centre letter from shoosmi

The absolute most important thing to do is acknowledge the claim online, stating an intention to defend all of the claim - if you fail to do this they would get judgment by default.

This is what they are hoping will happen, but unfortunately for them, you found us!)



Timelines are VERY critical here, you need to make sure you are on time with everything, so you are able to nail them if they fail to adher to their timelines

[pault52]

Re: someone please help. received a county court buisness centre letter from shoosmi

Good luck

[ncf355]

Re: someone please help. received a county court buisness centre letter from shoosmi

Hi Crystal,

Have you had chance to look through this?