N1 claim form served AGAIN - Bryan Carter - SORTED AGAIN !!!

[Amethyst]

Re: N1 served

You have to deal with the N1 whatever happens anyway.

[Amethyst]

Re: N1 served

I think you need to go back to post #35 but in relation to this

I sent the the standard "prove it you gits" letter ages ago, and they did indeed send a copy of the bill from Powergen

it will need amending a bit.

[WendyB]

Re: N1 served

Yes, I've got that bill here. Is it worth offering Fredpay a f and f figure, as if we haven't received the N1 yet. last time I offered them they wanted £440, which was open for 28 days from April, but it said on the end of their email if couldn't afford to pay that contact them for instalments. Cos if i can get them to agree to that, then I could use that as a defence on the N1 couldn't I?

[Curlyben]

Re: N1 served

If you come to a payment arrangement with Fred then that negates the claim.
We know it's Bovine Excrement anyway.

[WendyB]

Re: N1 served

Well have sent an email via Fredpay.com, offering £100 by end of month then 6 x £56.67. No reply as yet. Just have to wait and see. Am not overstretching myself with those payments, on the grounds that i only have 2 more months left at £123.78 on the council tax. Then I can divert that to this years council tax and fred/Brian.

Then I think that it - no more debt. That'll be the day lol. Bound to be something else crawls out of the woodwork, but I honestly can't think of anything else.

[WendyB]

Re: N1 served

Interstingr and interestinger! Have just checked "My Account" on Fredpay.
It shows a statement as follows

13 Aug 2007 Original Debt £586.80 02 Jun 2008 Claim Fee £15.00 02 Jun 2008 Claim Cost £50.00 Balance £651.80

so why are they only claiming 195 plus costs? as if we couldn't guess.

Also tried to set up an instalment plan using their very helpful "set up instalments" but it won't let me, says I can't set up an instalment plan on this account online, need to speak to brian carter on 0845 xxxx.

So am just going to wait a couple of days to see if they reply to my email.

[WendyB]

Re: N1 served

No reply from Fredpay.com.

Here's the letter I'm thinking of sending, comments welcomed.

I am writing regarding the County Court claim number XXXXX issued on XXXXXXXXX for the sum of £195, such sum being part of a debt due under an agreement number xxxx with XXXXX COMPANY NAME.

To enable me to file a defence and counter-claim, I require specific information regarding the account to be provided forthwith.

1) Details of any collection charge added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers.

2) Specific details of the fees/charges levied by any other agency in respect of this account and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.

3) A genuine copy of any deed of assignment, or proof that you have a legal right to this money.

4) All records you hold on me relevant to this case, including but not limited to:

A transcript of all transactions, including charges, fees, interest, repayments and payments and both the original amount of the debt and any repayments made to it the account.


Upon inspection of the final bill from the Original Creditor, Powergen (now Eon), a copy of which I hold, I confirm that the total amount of the debt is £586.80. With that in mind I respectfully query why your Claim number xxxx is for the smaller sum of £195. No doubt you are aware that under section 35 of the County Courts Act 1984 it shall not be lawful for any plaintiff to divide any cause of action for the purpose of bringing two or more actions in one or more of the county courts. It is my belief that your claim breaches this Act and as such will be struck out should you continue with this action.

If you deny that this is the case please set out your reasons for dividing the claim.

I will require this information within the next ten days. I must advise you that if the information is not forthcoming, it will be reported to the Court that you are trying to frustrate proceedings and denying me the opportunity to file a defence and counter claim.

Alternatively, to bring this matter to a speedy conclusion, and save the Court's valuable time, I am prepared to pay the sum of £195 as requested, in Full and Final settlement, upon your written confirmation that no further claims will be issued and that the above claim is discontinued.

[WendyB]

Re: N1 served

Bump!


opinions on the letter pretty pretty pleeeeeeeease

[Curlyben]

Re: N1 served

Nice one.

[WendyB]

Re: N1 served

thanks CB. I'll give it a couple of days, see if I get a reply from the email to the website. Then I thought best thing to do would be acknowledge claim first, then send the lettr. What do you think? Or should I send the letter then acknowledge?

[Curlyben]

Re: N1 served

You have 14 days to acknowledge claim from date of service.
Now I would do this on day 12.
In the mean time send Mr C the letter and see what happens.
Also give LCS a call and have a chat with them about this action and section 35 of the County Courts Act

[WendyB]

Re: N1 served

Will do. I'll try to get the letter off today (if the boss goes out!). Thanks.

[WendyB]

Re: N1 served

Letter all ready to go recorded delivery. Have also added a bit in authorising them to "discuss this case and all matters pertaining to it with Mrs Wendy B" just for good measure. Then i can cut out some of the cloak and dagger stuff.

[WendyB]

Re: N1 served

Just checked. Court papers issued 04.06, so that means deemed served 06.06. Should I acknolwedge today, today being day 12 by my reckoning. I can acknowledge on line. And do I ackknowledge and say I intend to defend the whole of the claim? I know I know the answers to this but am having a thick day and my eye hurts.

[Curlyben]

Re: N1 served

YES go for it.
Defend ALL.