** DISCONTINUED ** Solicitors v micro

[micro]

Hi all,

I've been hounded by DC's with the usual letters, but... I just got a Claim from the CCBC -

Letter dated 8th Feb 2016,

1. Going to acknowledge receipt of claim online later today.
2. Going to send 1st class recorded post a CPR to the claimant solicitor ASAP

Just need HELP with the THE PARTICULARS OF CLAIM.

Not sure what to ask for in that part of the CRP letter.

Here is what the Claim says:

This claim is for the sum of £xxxx.xx in respect of monies owing pursuant to an overdraft facility under bank account no. xxxxxx/xxxxxxxx
The debt was legally assigned by MKDP LLP (Ex Nat West) to the claimant and notice has been served. The defendant has failed to repay overdrawn sums owing under the terms and conditions of the bank account.

The claimant claims.
1. the sum of £xxxx.xx
2. Interest pursuant to s69 of the county court Act 1984 at a rate of 8.00 percent from 24/01/12 to the date here of xxxx is the sum of £xxx.xx
3. Future interest accruing at the daily rate of £ .xx
4. Costs

Where it says "and notice has been served" not sure what they mean - I've had nothing sent to me of that nature.

Thanks

[Amethyst]

Re: Solicitors v micro

Hiya, CPR 31.14 letter can ask for ' The Terms and Conditions of the Bank Account' and the 'Notice of Assignment',

That does seems to be it.

Any issues with this overdraft at all - do you recall when you stopped using the account ?

[micro]

Re: Solicitors v micro

Hi,

Thanks for reply, does it matter too much to me that I can only ask for those 2 things?

What about "notice has been served"" can I ask about that?

Stopped using a/c in july/aug 2011 - default was for some reason recorded in jan/2012

Sorry to sound thick but what do you mean "Any issues with this overdraft at all" - it was that long ago - not sure

[charitynjw]

Re: Solicitors v micro

Who is the Claimant?

Claimant's sols?

[micro]

Re: Solicitors v micro

"Who is the Claimant?

Claimant's sols?"

Is it that important to say? (as i would rather not say - I'm sure they read this forum) - Its one that's been mention on here a lot tho'

[micro]

Re: Solicitors v micro

UPDATE:

ACKNOWLEDGE THE CLAIM = Done

CPR drafted and sending tomorrow.

I will fight this all the way!

[nemesis45]

Re: Solicitors v micro

"Who is the Claimant?

Claimant's sols?"

Is it that important to say? (as i would rather not say - I'm sure they read this forum) - Its one that's been mention on here a lot tho'

You are anonymous here, and it does help us to know who you are dealing with as the approach may vary.

nrm

[micro]

Re: Solicitors v micro

ho- ist port -folio ho- ld- ings 2 l- td

ho- war- d coh- e -n N c-o

There you go - sorry for the format

[micro]

Re: Solicitors v micro

In regards to their POC

2. Interest pursuant to s69 of the county court Act 1984 at a rate of 8.00 percent from 24/01/12 to the date here of xxxx is the sum of £xxx.xx

They being naughty with the date, as the 24/01/12 is the alleged date the bank applied a default notice. They do not say when they allegedly took over the alleged debt - but it seems it was only Oct 2015 -

From reading the forum it seems they can only charge and ask for interest from when they took over the alleged debt - what do other make of that?

Thanks

[nemesis45]

Re: Solicitors v micro

In regards to their POC

2. Interest pursuant to s69 of the county court Act 1984 at a rate of 8.00 percent from 24/01/12 to the date here of xxxx is the sum of £xxx.xx

They being naughty with the date, as the 24/01/12 is the alleged date the bank applied a default notice. They do not say when they allegedly took over the alleged debt - but it seems it was only Oct 2015 -

From reading the forum it seems they can only charge and ask for interest from when they took over the alleged debt - what do other make of that?

Thanks

It will depend on the terms of the OD as to when if interest can be charged.
It complicates matters slightly that the debt has been in the hands of MKDP
who's admin practices leave a lot to be desired where dates are concerned.

I personally would check with NatWest as to when they actually defaulted/ terminated
the account, the bank has to hold records for 6 years after an account is closed.
A phone call could get the answers.

nem

- - - Updated - - -

In regards to their POC

2. Interest pursuant to s69 of the county court Act 1984 at a rate of 8.00 percent from 24/01/12 to the date here of xxxx is the sum of £xxx.xx

They being naughty with the date, as the 24/01/12 is the alleged date the bank applied a default notice. They do not say when they allegedly took over the alleged debt - but it seems it was only Oct 2015 -

From reading the forum it seems they can only charge and ask for interest from when they took over the alleged debt - what do other make of that?

Thanks

[micro]

Re: Solicitors v micro

Ok thanks,

Not sure on dates here:

On xx/xx/xxxx I received a County Court claim from yourselves of which I have acknowledged receipt indicating my intention to defend in full.



To enable me to file my defence and/or counterclaim, I require inspection of documents you mention in your statement of case ahead of filing my defence on xx/xx/xxxx

The claim form issue date if 9/02/16 and I got he letter on 13/02/16

I acknowledged claim online on the 13/02/16

what dates do i put in the xx's above

thanks

[nemesis45]

Re: Solicitors v micro

Ok thanks,

Not sure on dates here:

On xx/xx/xxxx I received a County Court claim from yourselves of which I have acknowledged receipt indicating my intention to defend in full.



To enable me to file my defence and/or counterclaim, I require inspection of documents you mention in your statement of case ahead of filing my defence on xx/xx/xxxx

The claim form issue date if 9/02/16 and I got he letter on 13/02/16

I acknowledged claim online on the 13/02/16

what dates do i put in the xx's above

thanks

I would take 14 days from service of the claim.

nem

[micro]

Re: Solicitors v micro

"I would take 14 days from service of the claim."

what is the service of claim date,

also I did filed online an AOS - so i should have upto 33 days. bit confused here

[micro]

Re: Solicitors v micro

Well the CPR 31.14 has been sent off and hopefully i've asked for the correct things and the dates are ok.

Just realised tho' the address on envelope is the solicitors, (which is right to send the CPR 31.14 to) but I put mine and the sol's address on the CRP 31.14 letter - Have I done that wrong, should it be hoist's address on the actual letter?


Thanks again for all your help.

[Amethyst]

Re: Solicitors v micro

The Solicitors address is fine for the CPR letter.

The dates - you are correct - it is 33 days from the date of issue printed on the claim form ( as you had acknowledged within 14 days). It's not imperative to put the dates in the letter is just a guide so it really isn't fatal if the days are out a bit.