Please Help: County Court Claim

[Wayne11]

Re: Please Help: County Court Claim

Hello!

My mother never received any documents/reconstituted agreement or paperwork with evidence.

Shall I send another request to them as its out of date? My mother said she had called several times for a agreement along with the request and they just said no. Proving that whoever is unfortunate, no calls were recorded.

In terms of a reconstituted version.... What are the rules on that, I mean this goes back to 2002. Do they need a reasonable equivalent of that or just anything up till now.

Kindest regards
Wayne

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Oh before I forget haha, what did you mean when saying experto credite is a red herring for going into liquidation??

Thankyou and I look forward to your reply!
Wayne

[Diana M]

Re: Please Help: County Court Claim

My mother never received any documents/reconstituted agreement or paperwork with evidence.

Shall I send another request to them as its out of date? My mother said she had called several times for a agreement along with the request and they just said no.

As I suggested in post # 11 your mother needs to send a s. 77/78 CCA Request to PRA by Royal Mail Recorded Delivery and don't forget the £1 postal order for the statutory fee.

It appears your mother has nothing concrete (to put before a court) to say that the Claimant is in default (inherited from Experto Credite/Varde) of her s.78 CCA Request.

Send one tomorrow by Royal Mail Recorded Delivery to PRA. This forum has a template here > http://legalbeagles.info/forums/show...=7670#post7670

From what you say PRA have not instructed external solicitors so send the CCA Request c/o Surjit Gida the Legal Representative at the address given on the Claim Form.

Di

Then do as I suggested in post # 8 >

Go online and file the AOS stating you (your mother) intends to "defend all of the claim". You'll feel better once you've done that because it means you're taking control of the situation instead of the situation taking control of you.

Be careful not to enter anything in the "Defence" section which is a mistake easily made.

Then you need to send a CPR 31.14 Request to PRA using the address stated on the claim form.

If you need any help with all this just ask. The forum has template letters to get you started but you must read and understand them, then add in the details necessary before you send them.

Oh, and tell your mother to stop calling anyone - everything must be in writing from now on.

Di

[MIKE770]

Re: Please Help: County Court Claim

CPR 31.14 Request

[Wayne11]

Re: Please Help: County Court Claim

CPR 31.14 Request

Thanks Diana M, I will complete the tasks you have stated, and cheers Mike770 I was thinking templates will be needed for this! Wayne

[Diana M]

Re: Please Help: County Court Claim

Thanks Diana M, I will complete the tasks you have stated

Golly, you make me sound like a school teacher. I assure you they'll be no detention if you don't complete the tasks I've set.

The thing is you may feel better once you realise that debt collection is a business so it's not personal.

Law is a business too and NCCBC is currently the CEO of that business.

So do what you have to do to keep to the rules and we can debate the rights and wrongs of what has happened in the past after that.

Your Mum is lucky to have you fighting her corner.

Di

[Wayne11]

Re: Please Help: County Court Claim

Thanks Diana, im doing my best, really wish I studiedCivil Law, my job is in Criminal and it seems pure chalk and cheese. I havedone everything you said. No responses or letters.

Can you or anyone please assist in helping me with understandingSection 140 CCA. In my understanding if the agreement or any other relatedagreement during the whole period is considered an unfair relationship. A courtmay act. Correct?

Basically I have done everything request and receivednothing back still. I have evidence of it signed from them. I have been threw alot of threads and signed agreements / default notices and such argumentsrarely seem to work in court, and I want to add more.

I asked my mother to contact them (PRA), stating immediately tothe litigation department you still do not acknowledge the debt. However afamily member in order to stop the harassment (me) offers 30% to settle now.They refused straight away saying the fact that payments were received is acknowledgment ofthe debt. I had the call recorded. Therefore their main/only basis of claim ison that? But payments were set to someone else.

Plus I am stating that this agreement was based on anunfair relationship, in addition to the original agreement being unfair as itwas sold while in dispute. Also PRA have made errors and statements whichconfuse the manner.

I am attaching the paperwork I have which shows theissues, plus will write some points on it.

I need an honest opinion if thisseems to fit to s140

[Diana M]

Re: Please Help: County Court Claim

I asked my mother to contact them (PRA), stating immediately tothe litigation department you still do not acknowledge the debt. However afamily member in order to stop the harassment (me) offers 30% to settle now.They refused straight away

Do you mean your Mother has made an offer to settle since the claim has been issued?

I may have misunderstood.

Di

[Wayne11]

Re: Please Help: County Court Claim

Arguments - which seem to me unfair... if anyone knows any conflictions to CCA or legislation please let me know.

FEB 2010 - Credit Issues stated after requesting the agreement, no true copy has been sent. They confirm they are disputing the agreement. please see highlighted
MAR-2010 - Dispute passed to MJP Justice to continue. please see highlighted
JUN 2010 - Credite Experto acting on behalf of Varde who apparently bought the debt. MBNA didn't deal with the dispute, just sold it. This was also the month of her husbands death, therefore mentally not capable.
AUG 2010 - She sent a letter to Experto giving circumstances , stating it was under dispute , telling them to communicate with MJP Representative
OCT 2010 - They refused to deal with the representative, constant harassing calls, got other DCA's to then harass on top. She has a report from virgin trying to block them for harassment.
JAN 2010 - Very aggressive DC began making veiled threats, please see attached for reference.
MAY 2010 - Due to her mental state, bereavement and harassment she stated she would pay something to be just left alone. She has always disputed the debt and never paid till here. Experto Sent a letter, a old friend paid the first one pound at the start of the month over the phone.
MAY 2010 - They send a default Notice she calls, disputes it, they demand another saying they never had it, she gives another on the 27th
JUNE 2010 - She pays again on the 1st They send a reminder of default, she disputes.
FROM HERE - Reminders are sent, calls telling her to pay more even though she cant.... NO Statements were received showing payments for 3 years! Also her original pound has been added on from a reminder, so they must have got it??
JAN 2015 - A statement from PRA, errors of original creditor, made up company... Stating Name change, is this a assignment?? Never received one from Aktiv
Jan 2016 - Statement, same incorrect... They call every now and then demanding full payment immediately, but no call logs.
Fev 2016 - general reminder... still errors, confusing to any person as that isn't a creditor you know of.
JAN 2017 - PRA Contacted saying they never receive payment, she disputes, they don't tell her Experto Credite is in liquidation. Also the letter says they bought it from MBNA... they didn't at all!
FEB 2017 - Letter before litigation, confusing legal jargon, statement of the life of the debt which isn't correct, missing loads.
COURT CLAIM

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PART 1

[Wayne11]

Re: Please Help: County Court Claim

PART 2

[Wayne11]

Re: Please Help: County Court Claim

PART 3

[Wayne11]

Re: Please Help: County Court Claim

LAST PART

[Wayne11]

Re: Please Help: County Court Claim

Hi Diana M, I hope your well. I asked her to contact them, disputing the claim and not acknowledging any part of the debt. Then to say a family member which is me, is willing to pay x for her to stop being harassed and for it to be settled as such. My hope was to gain further information as I don't see how anyone could think this is enforceable.... but hey I am not a judge.. They refused and said that they have the right to the full amount and that you paying 54 as mentioned in the claimants statement is acknowledgment of the debt. The recording came out very cocky.

[perry]

Re: Please Help: County Court Claim

Same thing has happened to me funny that they saying I paid £54 before default also I moved address and never knew of default I also need advise seems like some kinda scam going on please can you send any info for me also many thanks post to Perry I'm a new user and not sure how it all works.

[Wayne11]

Re: Please Help: County Court Claim

Hi Perry, easiest way to to get some help is to make your own thread. Add as much details as you can about the case, removing any personal details. From there everyone can see and help. They're are great here and very willing to share advice.

[nemesis45]

Re: Please Help: County Court Claim

Hi Perry, easiest way to to get some help is to make your own thread. Add as much details as you can about the case, removing any personal details. From there everyone can see and help. They're are great here and very willing to share advice.

Hello Perry, welcome to LB.

Please start a new thread and post the details/history of your case if a claim has been issued start the thread in the court claim forum.

nem