Court claim: Ascent Vs TRGZ2005

[trgz2005]

Re: Court claim: Ascent Vs TRGZ2005

@nemesis45,
I'm on Noddle's case don't you worry!!
Only thing I can think of is it maybe balance is a figure when the bank used to be 2 banks and is now 1?
There is no rhetoric regarding "hidden" on my report.
I'll see what noddle comes back with and advise.
Agreed with you @nemesis45 all I can do is start preparing my defence and see how it plays out.
I will say this though this experience and learning about how banks and financial companies operate is certainly eye opening and reminds me of the famous alleged banking quote.
Have a good day all.

[nemesis45]

Re: Court claim: Ascent Vs TRGZ2005

@nemesis45,
I'm on Noddle's case don't you worry!!
Only thing I can think of is it maybe balance is a figure when the bank used to be 2 banks and is now 1?
There is no rhetoric regarding "hidden" on my report.
I'll see what noddle comes back with and advise.
Agreed with you @nemesis all I can do is start preparing my defence and see how it plays out.
I will say this though this experience and learning about how banks and financial companies operate is certainly eye opening and reminds me of the famous alleged banking quote.
Have a good day all.

n

Good approach, if you need me just mention [MENTION=55034]nemesis45[/MENTION] and I'll pick up the thread.

nem

[trgz2005]

Re: Court claim: Ascent Vs TRGZ2005

Thanks [MENTION=55034]nemesis45[/MENTION].
Your Support as everybody else's on here means alot to me.
Both Sar and cpr3.14 have been signed for this morning.
I will draft up defence and forward on for any input.
Kind regards

[Kati]

Re: Court claim: Ascent Vs TRGZ2005

I will draft up defence and forward on for any input.

You'll get lots of help and advice from Nem and the other Beagles if you post your draft defence on this thread ... everyone is more than happy to help :nod: xx

[nemesis45]

Re: Court claim: Ascent Vs TRGZ2005

Thanks @nemesis45.
Your Support as everybody else's on here means alot to me.
Both Sar and cpr3.14 have been signed for this morning.
I will draft up defence and forward on for any input.
Kind regards

OK TRGZ, will watch for your post.

nem

[trgz2005]

Re: Court claim: Ascent Vs TRGZ2005

Any feedback or advice on amended welcome on what has been posted below.
Many thanks

[trgz2005]

Re: Court claim: Ascent Vs TRGZ2005

**removed**

[nemesis45]

Re: Court claim: Ascent Vs TRGZ2005

Statement of Defence:
Sirs;

1: I received the claim ********* from the Northampton County Court Business Centre on 2*/06/15

2: Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.

3: This claim is for all liabilities for guaranteed payment of the claimant’s principal customer **************.
3(a): On the 05/06*2013 I completed paying off a defaulted personal debt via claimants external agents (claimant ref: ********** ref: *************) for the sum £********* after paying £50.00 month starting from 10/0*/2009. This account was taken out before principal customer was ever created and the personal debt has never been acknowledged to be tied in with any financial dealings I had with claimant as a director in the name of the principal customer and was a personal debt in default and was taken on by external agent on 27/0*/2009 it was never in credit

3(b): On the 10/0*/2014 * months after satisfying the personal debt I received a letter from claimant (ref:************) advising it was using it's legal right of set off after "previous correspondence in relation to your accounts". I had not received any correspondence regarding any of my accounts from claimant since alleged 2008. It clearly states in the letter "where account is held in your name in credit" (the account was not in credit it was in default) "we have today completed the following transfers." it then shows a balance of £22.06 transferred without my authorisation or any acknowledgement or permission from personal defaulted account ************ to principal customer defaulted account ***************. This contradicts what I have been informed from DCA who have told me and I have statement to prove that the claimant actually took back my account from DCA and on its own volition and without my permission or acknowledgement 21/0*/2012 balance adjusted the account to a -£27.94 which if you add £22.06 it set off adds to a total of £50.00, taken from a repayment of a personal default loan into a business account that had been in default closed down and who's last repayment or acknowledgement to the claimant was made in December 2007 before ******** ltd was dissolved in 2008. The claimant then returned the account to DCA At no time was I contacted regarding what the claimant undertook and the claimant knew where I lived at all times as the claimants records will show.

3(c): After making a formal complaint to the claimant informing them the claim was statue barred and also of the ill health I was enduring as result of this situation both historically and currently, the claimant investigated and on 17/05/2014 sent me it's findings. (ref:**********) It admitted liability in unreasonable delay to contact me claiming "system option prevention". However according to the claimant’s records it clearly states in its findings it made a formal demand on 26/0*/2008 then called up the guarantee on the 27/0*/ 2008. The claimant solicitor claims the formal demand was made on 22/0*/2008 as per it's "particulars of the claim" on claim form ******* issued 2*/06/15 and stated to be true and signed by ******** I would ask the court to challenge both the claimant and Legal and ask to see all documentation claimed issued on the above dates that both the claimant and legal agent pertain to their case hold as the evidence I hold clearly contradicts these claims and I would ask the claim stand struck out on grounds of non compliance if neither claimant or solicitor produce this evidence alongside all other request of documentation I have requested in further points below

4: The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim. The particulars of claim fail to state when the agreement was entered into, the date of any alleged Default or any detail how the sum claimed has been calculated.

5. The claim is Statute barred by virtue of sections, 5, 29 and 30 of the Limitations Act 1980.

6: On the **/06/2015 I sent a request for inspection of documents mentioned in the claimant’s statement of case under Civil Procedure Rule 31.14 to Ascent legal via recorded delivery. I requested the Claimant provide copies of the [Agreement, Deed of guarantee, proof of the default and the formal demand], this was signed for on **/06/15 at 10.28am tracking ref: ******************. I also enclosed a £10.00 postal order for statutory fee only as specified clearly in my correspondence in accordance with CPR 31.15(c) Let me make it clear to the court The postal order is not a payment or part payment or acknowledgement toward what the claimant pursues and is only to cover statutory expenses only and i will vigorously defend such a claim on sworn affidavit if the court requires.

7: tbc

8: On the **/06/15 I sent a formal request to the claimant for a Subject Access Request under the data protection act 1998 to request all historical data the claimant may have on record about me via recorded delivery ref: ************* which was signed for on **/06/15 at 7.18am. I also enclosed a postal order for £10.00 for statutory fee only as specified clearly in my correspondence, again please Let me make it clear to the court The postal order is not a payment or part payment or acknowledgement toward what the claimant pursues and is only to cover statutory expenses only and I will vigorously defend such a claim on sworn affidavit if the court requires.

9 I will be able to amend my defence as necessary when I am in receipt of the data requested.

10. Under Civil Procedure Rule 16.5 (4) where the claim includes a money claim, a defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation. Therefore it is expected that the Claimant be required to prove the allegation that the money is owed as claimed.

11. I request the court orders the Claimants to provide the necessary documentation in order for me to fully plead my case else the Claim should stand struck out. In the event that the relevant documents are received from the Claimants I will then be in a position to amend my defence, and would ask that the Claimants bear the costs of the amendment.

12. with thanks @nemesis45

13.It is denied that the Claimant is entitled to the relief as claimed or at all.

Statement of Truth

The Defendant believes that the facts stated in this Defence are true.

Just a note explanation re para #12 This contains sensitive personal information which must
be brought to the attention of the court and the claimant.

nem

[trgz2005]

Re: Court claim: Ascent Vs TRGZ2005

Hi all.
As per above CPR31.14 requested was delivered a signed for yesterday via recorded delivery and I have had a letter back today already from legal.

It's a threatening letter advising me that court proceedings have been served and its threatening charging order on property that will attach to equity of property.
Then asks me to ring a discuss payment with no time scales.
Is that standard procedure from these chaps at this stage?
Any advice much welcome.
Many thanks

[nemesis45]

Re: Court claim: Ascent Vs TRGZ2005

HI TRGZ,

Please post copy of the letter here.

nem

[trgz2005]

Re: Court claim: Ascent Vs TRGZ2005

Hi @nemesis45 please find attached.
Kind regards
al300615.jpg

[nemesis45]

Re: Court claim: Ascent Vs TRGZ2005

Hi @nemesis45 please find attached.
Kind regards
al300615.jpg

A letter of intent really, what they will do IF they achieved judgement!!

nem

[trgz2005]

Re: Court claim: Ascent Vs TRGZ2005

Morning.
Today is the seventh working day in regard to my CPR 31.14 request to legal for my case.
I was hoping to be able to go for non compliance but this morning letter;
"we thank you for your letter dated 29th June 2015, the contents of which have been noted.
We have requested the documents stated with your correspondence from our client, once we are in possession of these documents these shall be forward to you.
I hope his is the information you require, if you have any further questions please do not hesitate to contact our office.
Yours faithfully."

Question; How the hell can they make the particulars of the claim citing x,y,z on the court form making allegations regarding actions and dates if they don't have in their possession the documentation they are citing in their case?
Is it worth my writing back and asking this question of them?

Any advice please as I am stumped.
Many thanks.

[FlamingParrot]

Re: Court claim: Ascent Vs TRGZ2005

Morning.
Today is the seventh working day in regard to my CPR 31.14 request to legal for my case.
I was hoping to be able to go for non compliance but this morning letter;
"we thank you for your letter dated 29th June 2015, the contents of which have been noted.
We have requested the documents stated with your correspondence from our client, once we are in possession of these documents these shall be forward to you.
I hope his is the information you require, if you have any further questions please do not hesitate to contact our office.
Yours faithfully."

Question; How the hell can they make the particulars of the claim citing x,y,z on the court form making allegations regarding actions and dates if they don't have in their possession the documentation they are citing in their case?

A very good question indeed, however, those claims are issued speculatively in the hope of obtaining default judgment, over 80% of claims are decided that way.

Is it worth my writing back and asking this question of them?

Any advice please as I am stumped.
Many thanks.

You should say that, as they have not been able to provide you with the documents they should have had in their possession to start with, and you need them to put together your defence, you'd like them to agree to a 28 day extension to file your defence, as allowed under CPR15.5. If they agree, you have to inform the court and it will give you 28 days on top of your current deadline. If they refuse, it's a fact to be included in your generic defence based around having no documents supplied by them. :thumb:

[nemesis45]

Re: Court claim: Ascent Vs TRGZ2005

Morning.
Today is the seventh working day in regard to my CPR 31.14 request to legal for my case.
I was hoping to be able to go for non compliance but this morning letter;
"we thank you for your letter dated 29th June 2015, the contents of which have been noted.
We have requested the documents stated with your correspondence from our client, once we are in possession of these documents these shall be forward to you.
I hope his is the information you require, if you have any further questions please do not hesitate to contact our office.
Yours faithfully."

Question; How the hell can they make the particulars of the claim citing x,y,z on the court form making allegations regarding actions and dates if they don't have in their possession the documentation they are citing in their case?
Is it worth my writing back and asking this question of them?

Any advice please as I am stumped.
Many thanks.

A question that is asked time & time again TRGZ, until there is a change in legislation that
prevents claims being issued unless all the relevant documents are in the hands of the claimant
there is little that can be done.

nem