cpr 31.14 what to write to the solicitors

[valentine13]

recieved a claim form from brian carter solicitors for lowell portfolio on 10th feb I have been on to moneyclaim website and stated I wish to defend all of this claim today I have also wrote letters to both companys that I got of a website stating procedure rules 31.14 and to send me true copies of credit aggreements ect ect very long. im just wanting to know what will happen next. this credit card is over 10 years old and was passed to lowell on 06/11/2008 which is stated onthe claim form. I have never paid any money or spoke to anyone plz help

[Nibbler]

Re: over 6 years old

First:

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So no payments or acknowledgement in writing by you of this for 10 years?

[valentine13]

Re: over 6 years old

ive had the card for over 10 years but havent made a payment of spoke to anyone for 9 years I know this because thats when I met my wife

[valentine13]

Re: over 6 years old

no payments for over 9 years had the card for 10 years

[valentine13]

what do I write to solicitors plz help

just wondering what to put in my request for documents form to bryan carter solicitorsclaim form says as follows
the claiments claim is for the sum of 1944.59being moniees duefrom the defendant to the claiment under an agreement regulated by the consumer credit act 1974 between the defendant and egg
under account ref xxxxxxxxxxxx
and assigned to the claiment on 06/11/2008
notice of which has been given to the defendant
the defendant failed to maintain contractual repayment under the terms of agreement and a default notice has been served which has not been complied with
and the claiment claims 1944.59
the claiment also claims statutory intrest pursuant to s.69 of the county act 1984 at a rate of 8% per annum
from the date of the signed agreement of the agreement to date limited toa maximum of one year and a maximum of 1000amounting to 155.56


plz help i havnt spoken þo anyone regarding this account of paid anything for 9 years

[MissFM]

Re: what do I write to solicitors plz help

If you are sure that you have neither acknowledged in writing nor paid towards the debt for over 6 years then it's statute barred, which is an absolute defense.

https://www.nationaldebtline.org/EW/.../Page-06.aspx#

Without prejudice

Dear Sir/Madam
Account No: _________________________
You have contacted me/us regarding the account with the above reference number, which you claim is owed by myself/ourselves.
I/we would point out that under the Limitation Act 1980 Section 5:
“An action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued.”
I/we would point out that in their Consumer Credit sourcebook, the Financial Conduct Authority states the following rules:

• "...a firm must not attempt to recover a statute barred debt in England, Wales or Northern Ireland if the lender or owner has not been in contact with the customer during the limitation period." 7.15.4
• "A firm must not continue to demand payment from a customer after the customer has stated that he will not be paying the debt because it is statute barred." 7.15.8

The last payment or acknowledgement of this debt was made over six years ago and no further acknowledgement or payment has been made since that time. Unless you can provide evidence of payment or written contact from me/us in the relevant period under Section 5 of the Limitation Act, I/we suggest that you are no longer able to take any court action against me/us to recover the alleged amount claimed.
I/we await your written confirmation that no further contact will be made concerning the above account and confirmation that this matter is now closed.
Remember:

keep a copy

Keep a copy of all the letters you send to your creditors.

I/we look forward to hearing from you.
Yours faithfully

(Your signature)

[valentine13]

Re: what do I write to solicitors plz help

thankyou very much, do i send this to the solicitors and the claiment or just the solicitor as i am going to send the claiment a cca request or should i even bother

[Kati]

Re: what do I write to solicitors plz help

If you are 100% sure it is SB'd then I'd personally just send the letter MissFM posted

If they come back denying it, then go in with a CCA and a CPR

[valentine13]

Re: what do I write to solicitors plz help

What is a cca and a cpr just to clear things up plz I have printed what miss fm posted I have also printed out all the other docs about claim forms what to do

[Kati]

Re: what do I write to solicitors plz help

Firstly, don't panic.

Secondly, many of these Consumer Credit debt based Court Claims are issued through the County Court Business Centre and are rather lacking in detail and information. The are often claims bought by debt purchasers who don't have the paperwork to back them up to hand and who wing it on the hope that they obtain a default judgment.

So, first steps (within 14 days of receiving the claim)

1: ACKNOWLEDGE THE CLAIM - you can do this online usually at www.moneyclaim.gov.uk
You'll need your claim reference and password from the front of the claim form - this will extend the time you have to respond to the claim to 28 days from when you received it

2: Send A CCA REQUEST to the CLAIMANT ( see here )
This applies to all credit cards / loans / hire purchase / store cards type debt. It doesn't apply to Mobile Phones / Utilities or Overdrafts.

3: Send a CPR request to the CLAIMANT'S SOLICITORS ( see here )
This applies to everything unless they happen to have supplied you with a bunch of paperwork to back up their claim (v. unlikely)

If you are unsure of any of those steps then please make a new thread on the forum (you must be registered to do this)

Once those letters have been sent off you should make a new thread on the forum (you must be registered to do this) and make a post titled the claimants name v your username, and containing the date of issue from your claim form, date of service (ie when you received the claim form), type out the Particulars of Claim (exclude account numbers) and tell us the approx amount of the claim. Also tell us any specific disputes or background to the claim you may have. If you know please also tell us the last time you made a payment towards the debt or acknowledged the debt in writing, and confirm you have acknowledged the claim, and what letters you have sent off.
OR
If you received a court claim and want to start a new thread in this forum please complete this form . Thank you.


And people here will help guide you through the next steps.

NOTE: The defence date is 28 days from service (ie when you received the claim) or 33 days (which allows 5 days for service) from the issue date printed on the front of the claim form.

http://www.timeanddate.com/date/dateadd.html

Have you received a claim form or just a letter from the solicitors?? If it is a claim form, you'll have to acknowledge the claim first (as per link in point 1 of the quote above)
CCA and CPR requests are explained in the links (points 2 & 3)

K xx

[valentine13]

Re: what do I write to solicitors plz help

Yes I have done step 1 and I have printed out step 2 and 3 and amended them to my specifics. I will send miss fm firm first and wait on a reply. Thanks you have been a great help

[valentine13]

Re: what do I write to solicitors plz help

just recieved a lettr todayfrom bryan carter saying i made a payment for 243.08 on the 26th of febuary 2010. this is a complete lie so i am going to send the cca and cpr letter .on the cpr letter ihave added this in the red bits can someone have a look and let me know if i should add or remove any bits plz

1. A true copy of the executed credit aggreement and any terms and conditions that applied to the account at timeof default and at the time the account was opened.

2. All records you hold on me relevant to this case, including but not limited to:

a. transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations by your company, or by any other previous creditor

b. 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 formerly held with egg

c. True copies of any notice of assignment and/or default notice or enforcemnet notice that you or the original creditor sent to me, with a copy of any proof of postage that you hold

d. 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)

e. 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.

f. Speific 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

g. A genuine copy of any notice of fair use of my data as required by Data Protection Act 1998

h. A list of third party agencies to whom you have disclosed my personal data and summary of the nature of the information you have disclosed

i. Copies of statements for the entire duration of the credit agreement.

3. require your organisation to provide written confirmation that states clearly whether you currently hold an original signed Consumer Credit Agreement, or whether you do not hold an original signed Consumer Credit Agreement pertaining to myself

For the avoidance of doubt, an original signed Consumer Credit Agreement is just that; not an application for credit and not a reconstructed or microifiched document from other sources but indeed the original signed document purporting to be signed by myself.

Please note that until such times as a legally enforceable, original consumer credit aggreement can be produced and a copy sent to me by return, then this letter is not an acknowledgement of debt and this account will remain in an unenforceable state protected in line with s.127 (cca1974).

4. Any other documents you seek to rely on in court

[FlamingParrot]

Re: what do I write to solicitors plz help

just recieved a lettr todayfrom bryan carter saying i made a payment for 243.08 on the 26th of febuary 2010. this is a complete lie so i am going to send the cca and cpr letter .on the cpr letter ihave added this in the red bits can someone have a look and let me know if i should add or remove any bits plz

I don't know where you got the above wording from but that seems to be a mix of a SAR and a CCA request, :confused2: certainly NOT a request under the CPR! The CPR 31.14 request letter is strictly for DOCUMENTS MENTIONED ON THE PARTICULARS OF CLAIM.

See the notes below from this post where the CPR request letter is posted: http://www.legalbeagles.info/forums/...382#post410382

NB: ONLY LIST HERE DOCUMENTS THAT ARE MENTIONED IN THE PARTICULARS OF CLAIM ON THE FRONT OF THE CLAIM FORM - eg. IF THEY DON'T MENTION ' DEFAULT NOTICE' YOU CANNOT ASK FOR IT UNDER CPR 31.14, IF THEY MENTION CONTRACT rather than AGREEMENT - ask for the CONTRACT...IF IN DOUBT TYPE OUT THE PARTICULARS OF CLAIM AND ASK ON THE FORUM.( and remove this paragraph too!!!!)
for EXAMPLE
1. Agreement / Contract
2. Default Notice
3. Assignment
4. Formal Demand

[Amethyst]

Re: what do I write to solicitors plz help

Yep, that's a Subject Access Request - you could send one of those as well but that owuld go to the original creditor and has a statutory maximum fee of £10

[valentine13]

Re: what do I write to solicitors plz help

just recieved a letter today from bryan carter solicitors stating this matter will be allocated most properly to small claimstrack as this is a simple contractual matter and part 31 of the civil procedure rules will therefor not apply

my question is this
1 i have been given no evidence from them to make a case
2 what do i now reply to the courts with
3 im 100% positive this account is statured bared

plz help many thanks and yes cpr and cca have been sent and this is the responce