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Re: Hello - Claim Form received from Northampton CC Business Centre
I received a response from the Sols dated Fri 5th Feb 2016.
They have not used the original colour logo paper - it looks photocopied in black and white print, and has the following information:
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Re: Claimant (named) v. Yourself
Creditor (named) - (type of credit)
We write in respect of the above matter.
The Court has served us with a copy of the Defence you have filed whereby you dispute your liability to our client in full.
This claim was issued via the County Court Business Centre which is a procedure specifically provided for in the CPR. This procedure only allows a claimant to insert brief details of the claim and does not allow for the attachment of any enclosures. Paragraph 5.2A of Practice Direction 7E specifically states "The requirement in paragraph 7.3 of Practice Direction 16 for documents to be attached to the particulars of contract claims does not apply to claims started using an online claim form, unless the particulars of claim are served seperately in accordance with paragraph 5.2 of this practice direction."
By way of explanation, MFS P L is a debt purchaser. We would advise that this is a simple debt recovery action and the relevant facts are as follows:
1. The outstanding balance referred in the particulars of claim relates to a (named creditor) - cc facility with account number (a/c number quoted). Our client's records indicate that the original credit agreement was dated on or about (date given). It is the claimant's position that you should have received a copy of the credit agreement upon first entering into the contract;
2. (Named creditor) should have sent Statements of Account to you on a monthly basis during the operation of the cc facility. Such statements will have identified any items of expenditure, payments towards the account, the application of any contractural interest/charges, and the outstanding balance on a month by month basis;
3. You failed to maintain the minimum monthly repayments as required by the Statements of Account and accordingly, (named creditor) terminated the credit agreement;
4. In line with the Terms and Conditions of that credit agreement, the original creditor had a contractural right of assignment. In other words, (named creditor) was entitled to transfer their rights and benefits under the agreement to a third party and that right was exercised on (date given 2015). Around that time you should have received a letter from the original creditor advising you that the account had been assigned to a third party and you should also have received a Notice of Assignment from (named claimant).
In light of the above, we would suggest that you revert back to your own personal records, as the documentation you have requested has previously been provided to you throughout the lifetime of your account.
We have no record of a valid section 78 CCA request having been made or not complied with. In order for us to comply with this request please provide evidence that a properly constituted request has been made pursuant to section 78 of the Consumer Credit Act 1974 and that the relevant statutory fee has been paid.
Now that we have provided you with details of what the outstanding balance relates to we would be grateful if you could confirm that you are now prepared to withdraw your Defence. In order to do this, please complete the enclosed Form N9A and return it to this office. If we do not receive this from you within the next 14 days, we are instructed to make an application to Strike Out the Defence and to seek an Order that you pay our costs associated with that application.
We look forward to hearing from you further.
Yours faithfully,
(signed in ink)
Miss L Murtagh, Paralegal
pp (?) Solicitors Limited
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For information, a s78 CCA request was sent to MFS and they replied saying that the a/c was to be put on hold. This is shown in post #35 and your response in post #38.
The form N9A is an Admission form.
I welcome your response/help to all of the above.
Thanks and kind rgds,
HS02.
I received a response from the Sols dated Fri 5th Feb 2016.
They have not used the original colour logo paper - it looks photocopied in black and white print, and has the following information:
---
Re: Claimant (named) v. Yourself
Creditor (named) - (type of credit)
We write in respect of the above matter.
The Court has served us with a copy of the Defence you have filed whereby you dispute your liability to our client in full.
This claim was issued via the County Court Business Centre which is a procedure specifically provided for in the CPR. This procedure only allows a claimant to insert brief details of the claim and does not allow for the attachment of any enclosures. Paragraph 5.2A of Practice Direction 7E specifically states "The requirement in paragraph 7.3 of Practice Direction 16 for documents to be attached to the particulars of contract claims does not apply to claims started using an online claim form, unless the particulars of claim are served seperately in accordance with paragraph 5.2 of this practice direction."
By way of explanation, MFS P L is a debt purchaser. We would advise that this is a simple debt recovery action and the relevant facts are as follows:
1. The outstanding balance referred in the particulars of claim relates to a (named creditor) - cc facility with account number (a/c number quoted). Our client's records indicate that the original credit agreement was dated on or about (date given). It is the claimant's position that you should have received a copy of the credit agreement upon first entering into the contract;
2. (Named creditor) should have sent Statements of Account to you on a monthly basis during the operation of the cc facility. Such statements will have identified any items of expenditure, payments towards the account, the application of any contractural interest/charges, and the outstanding balance on a month by month basis;
3. You failed to maintain the minimum monthly repayments as required by the Statements of Account and accordingly, (named creditor) terminated the credit agreement;
4. In line with the Terms and Conditions of that credit agreement, the original creditor had a contractural right of assignment. In other words, (named creditor) was entitled to transfer their rights and benefits under the agreement to a third party and that right was exercised on (date given 2015). Around that time you should have received a letter from the original creditor advising you that the account had been assigned to a third party and you should also have received a Notice of Assignment from (named claimant).
In light of the above, we would suggest that you revert back to your own personal records, as the documentation you have requested has previously been provided to you throughout the lifetime of your account.
We have no record of a valid section 78 CCA request having been made or not complied with. In order for us to comply with this request please provide evidence that a properly constituted request has been made pursuant to section 78 of the Consumer Credit Act 1974 and that the relevant statutory fee has been paid.
Now that we have provided you with details of what the outstanding balance relates to we would be grateful if you could confirm that you are now prepared to withdraw your Defence. In order to do this, please complete the enclosed Form N9A and return it to this office. If we do not receive this from you within the next 14 days, we are instructed to make an application to Strike Out the Defence and to seek an Order that you pay our costs associated with that application.
We look forward to hearing from you further.
Yours faithfully,
(signed in ink)
Miss L Murtagh, Paralegal
pp (?) Solicitors Limited
@@@@@@@@@@@
For information, a s78 CCA request was sent to MFS and they replied saying that the a/c was to be put on hold. This is shown in post #35 and your response in post #38.
The form N9A is an Admission form.
I welcome your response/help to all of the above.
Thanks and kind rgds,
HS02.
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