Court papers arrived, I don't know what to do

[des8]

Re: Court papers arrived, I don't know what to do

oops....Should have read whole thread
apologies

I'm just concerned that CPR part 22 3A1 should be completed'

http://www.justice.gov.uk/courts/pro.../pd_part22#3.1
nability to persons to read or sign documents to be verified by a statement of truth

3A.1 Where a document containing a statement of truth is to be signed by a person who is unable to read or sign the document, it must contain a certificate made by an authorised person.
3A.2 An authorised person is a person able to administer oaths and take affidavits but need not be independent of the parties or their representatives.
3A.3 The authorised person must certify:
(1) that the document has been read to the person signing it;
(2) that that person appeared to understand it and approved its content as accurate;
(3) that the declaration of truth has been read to that person;
(4) that that person appeared to understand the declaration and the consequences of making a false declaration; and
(5) that that person signed or made his mark in the presence of the authorised person.
3A.4 The form of the certificate is set out at Annex 1 to this Practice Direction.

[Tallullatrotter]

Re: Court papers arrived, I don't know what to do

I might have to look into it further, he can read documents and can sign his name (he did this on the CPR & CCA requests) but he can't do much other than that, he has neuropathy in his hands, he has all his mental faculties about him now though still on medication, he had a breakdown 2 years ago and attempted suicide and had to be sectioned

[nemesis45]

Re: Court papers arrived, I don't know what to do

I entered the defence last Thursday (14th) and also emailed a copy of the extension letter from Howard Cohen, it's showing on MCOL as defence received but should I have received some kind of acknowledgement for the email

No it's just logged by the court as you have been notified by the claimant re the extension.

nem

[Tallullatrotter]

Re: Court papers arrived, I don't know what to do

Received a letter back from Howard Cohen today saying they've return my £1 payment but they've sent a cheque not my original postal order. I think I've managed to attach the letter

[Tallullatrotter]

Re: Court papers arrived, I don't know what to do

Also I'm assuming I don't cash the £1 cheque they sent

[nemesis45]

Re: Court papers arrived, I don't know what to do

Received a letter back from Howard Cohen today saying they've return my £1 payment but they've sent a cheque not my original postal order. I think I've managed to attach the letter

Keep it safe for a while.

nem

[Tallullatrotter]

Re: Court papers arrived, I don't know what to do

After receiving a cheque back not my postal order we have received a letter today from Robinson Way acknowledging the payment of £1 and saying it's been credited to the account. I wrote statutory fee on it on the front and back and wrote it in the letter. What do I do now as they say we've made a payment

[Tallullatrotter]

Re: Court papers arrived, I don't know what to do

Who do I make a complaint to about them adding the £1 statutory fee to the account as a payment and will this make a difference to the court case. I did keep a copy of the front and back for postal order to prove it said statutory fee.

[nemesis45]

Re: Court papers arrived, I don't know what to do

Who do I make a complaint to about them adding the £1 statutory fee to the account as a payment and will this make a difference to the court case. I did keep a copy of the front and back for postal order to prove it said statutory fee.

Good morning,

Formal Complaint to Najib Nathoo CEO RW. Mention that you are reporting the matter to the FCA.

Signed for post check delivery date and signature.

nem

[Tallullatrotter]

Re: Court papers arrived, I don't know what to do

In the letter to CEO do I tell them we want the payment removing as we don't acknowledge the debt and that the postal order was written for fee only, also should I send proof that it was written on (i took a photo)
The only address I have for robinson way is a salford one so should I send it there

[Tallullatrotter]

Re: Court papers arrived, I don't know what to do

The letter they sent back with the cheque not my postal order

We acknowledge receipt of your letter made under section 78 of the Consumer Credit Act 1974 for a copy of your regulated credit agreement
Please be advised that this request relates to running credit agreements. However your account is no longer a running credit agreement as you have failed to maintain payments and a default notice has been served upon you.
As such your £1 payment has been returned to you

So does this mean they can still take us to court without supplying the CCA

[nemesis45]

Re: Court papers arrived, I don't know what to do

The letter they sent back with the cheque not my postal order

We acknowledge receipt of your letter made under section 78 of the Consumer Credit Act 1974 for a copy of your regulated credit agreement
Please be advised that this request relates to running credit agreements. However your account is no longer a running credit agreement as you have failed to maintain payments and a default notice has been served upon you.
As such your £1 payment has been returned to you

So does this mean they can still take us to court without supplying the CCA

No it does not, Inform that if they fail to comply with a new request made under sections 77/78/79 of CCA 1974 the matter will be brought to the attention of the court and the FCA.I think I know what the ploy is here that they are playing sill buggers with the section of the CCA quoted in the request.

nem

- - - Updated - - -

The letter they sent back with the cheque not my postal order

We acknowledge receipt of your letter made under section 78of the Consumer Credit Act 1974 for a copy of your regulated credit agreement
Please be advised that this request relates to running credit agreements. However your account is no longer a running credit agreement as you have failed to maintain payments and a default notice has been served upon you.
As such your £1 payment has been returned to you

So does this mean they can still take us to court without supplying the CCA

No it does not, Inform that if they fail to comply with a new request made under sections 77of CCA 1974 the matter will be brought to the attention of the court and the FCA.

Resend the request by signed for post.


I think I know what the ploy is here that they are playing sill buggers with the section of the CCA quoted in the request.

A Formal Complaint again I think copied to the FCA this action is in my opinion an abuse of process designed to mislead litigants in person, this was used by another company which certain people now associated with this mob.

nem

nem

[Tallullatrotter]

Re: Court papers arrived, I don't know what to do

Thank you Nem.

Does this sound ok and should I send another postal order

As in my previous letter to yourself, With reference to the above agreement, I would be grateful if you would send me a copy of this credit agreement.

Under the Consumer Credit Act 1974 (Sections 77, 78, 79), I am entitled to receive a legible copy of our credit agreement on request. If you fail to comply with this I will bring it to the attention of the courts.
I will be making a complaint to the FCA and to the CEO of Robinson Way due to the previous postal order being credited to an account that I have not acknowledge as being owed by myself and despite having written on it for statutory fee only which I can prove
I understand a copy of my credit agreement should be supplied within 12 working days.

I look forward to hearing from you.

[charitynjw]

Re: Court papers arrived, I don't know what to do

+ T&C's, etc?
[MENTION=55034]nemesis45[/MENTION]

[nemesis45]

Re: Court papers arrived, I don't know what to do

OK, that's fine!
Don't for get to send the fee again same drill as before.

The time scale is 12 +2 Working Days.

nem

nem