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

[WendyB]

Re: N1 served

Yes i see where you're coming from CB, but agreement or not, I know we owe the money, and its got to be paid, so might as well get it over and done with. Thanks for your help and advice, will do some more work on it then see what happens.

[Curlyben]

Re: N1 served

Can you possibly pay the OC and cut Mr C out of the picture completely

[Amethyst]

Re: N1 served

Is he acting for the OC or has he purchased the debt off the OC ?

[Curlyben]

Re: N1 served

SO .....

Has this actually been proved or is it the normal "We owe this debt" Bovine Excrement" ?
Mr C doesn't let something as mundane as ownership stop him in filing action.

It is still sometimes possible to pay the OC even when a DCA is involved, hence nullifying the DC.

[Amethyst]

Re: N1 served

Dear ratbag

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 alleged 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) Any notice that you or the original creditor sent me, with a copy of any proof of postage that you hold.


2) 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.

3) 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.


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

5) 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.


Additonally you will be 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.

Yours screwyouedly


Wends xxxx



















Posting before I lose it - feel free to butt in (I'm kind of combining Wends letter with the part 18 subtely like lol)

[Curlyben]

Re: N1 served

Like it

[Amethyst]

Re: N1 served

SO .....

Has this actually been proved or is it the normal "We owe this debt" Bovine Excrement" ?

It is still sometimes possible to pay the OC even when a DCA is involved, hence nullifying the DC.

Yes that would be preferable wouldnt it. Ummm daft question how do you know if its been bought or being agented. And if its been bought can you still pay the OC ?

[Curlyben]

Re: N1 served

Call the OC and see if you can pay them.
If you can then BINGO, cause of action removed

[Amethyst]

Re: N1 served

Try that in the morning Wends if you can and let us know. See if you can offer them a reduced settlement dont mention this claim etc just you are catching up with your paperwork etc etc would they accept a settlement etc.

[setmefree]

Re: N1 served

OR


Account In Dispute

Dear xxxx,

I acknowledge receipt of your notice of intended legal action sent by your company on XXXX which was received on XXXX.
Please be aware that any proceedings will be extremely vigorously defended and that a counterclaim will be made against ** DCA **. I am unable to respond further at this time, since you have given me inadequate information to investigate the claim. Please note that under the Overriding Objectives, you have a duty to act reasonably at all times.

As you are aware, under the pre-action protocols of the Civil Procedure Rules, your letter before action should have included the following information:
4.3 The claimant's letter should —
(a) give sufficient concise details to enable the recipient to understand and investigate the claim without extensive further information;
(b) enclose copies of the essential documents which the claimant relies on;
(c) ask for a prompt acknowledgement of the letter, followed by a full written response within a reasonable stated period;
(For many claims, a normal reasonable period for a full response may be one month.)
(d) state whether court proceedings will be issued if the full response is not received within the stated period;
(e) identify and ask for copies of any essential documents, not in his possession, which the claimant wishes to see;
(f) state (if this is so) that the claimant wishes to enter into mediation or another alternative method of dispute resolution; and
(g) draw attention to the court's powers to impose sanctions for failure to comply with this practice direction and, if the recipient is likely to be unrepresented, enclose a copy of this practice direction.
I note that your letter failed to enclose copies of the essential documents upon which you will seek to rely, failed to ask for acknowledgement of the letter, failed to ask for a written response within a reasonable period of time, and did not draw attention to the courts powers
to force all parties to comply with the practice direction.
I intend to provide you with a full written response, but as yet I have not got adequate information to investigate your claim.
To enable me to investigate this claim I require specific information regarding the account to be provided forthwith. Given that this matter is now the subject of legal proceedings, you are obliged to disclose under the Civil Procedure Rules, the information and documents detailed below.
If you fail to disclose this information, I may apply to the court under Part 18 and part 31 of the civil procedure rules.
I will be unable to respond to your claim without this information, and by failing to supply it before starting legal action you would breach the overriding objective of the Civil Procedure Rules.

Request for disclosure;
I request that you send me information vital to investigating your claims, including:
1. A true copy of the executed credit agreement and any terms and conditions that applied to the account at the time of default and at the time the account was opened.
2. All records you hold on me relevant to this case, including but not limited to:
a. A transcript of all transactions, including charges, fees, interest, repayments and payments and both the original amount of the loan and any repayments made to it the account.
b. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations by your company, or by any previous creditor.
c. Where there has been any event in my account history over this period which has required manual intervention by any person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual
intervention in relation to my account formerly held with ** CREDITOR **.
d. True copies of any notice of assignment and/or default notice or enforcement notice that you or the original creditor sent me, with a copy of any proof of postage that you hold.
e. Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted (if applicable).
f. 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.
g. 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.
h. A genuine copy of any deed of assignment, or proof that you have a legal right to this money.
i. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998
j. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.
3. Any other documents you will seek to rely upon in court.
4. A copy of your complaints procedure, as required by the Consumer Credit Act 2006.
5. Clarification of the date you acquired the debt, what organisation you acquired it from, their registered office, their company number (if any) and what legal title they had to this debt, and what credit license number they had at the time that the debt was purchased or entered into.

Please note, I will respond to your claim in full within 14 days of your providing this information. I must advise you that if the information is not forthcoming, or if you start proceedings without furnishing this information, it will be reported to the Court that you are denying me the opportunity to settle this matter amicably.

I would appreciate your due diligence in this matter.

I await your rapid response.
Yours Faithfully,

[Amy]

Re: N1 served

OR


Please be aware that any proceedings will be extremely vigorously ..............

As opposed to not extremely vigorously?

[WendyB]

Re: N1 served

I sent the the standard "prove it you gits" letter ages ago, and they did indeed send a copy of the bill from Powergen, so I don't think I can use the "I dispute it bugger off" angle to wangle out of it. Will attempt to call Powergen and offer them the dosh, but am at work 9-3 tomorrow so might not be able to do it till Monday.

Thanks again guys.

Off now to have my tea, only just got back from work and am knackered.

[WendyB]

Re: N1 served

Just rang Eon (Powergen). Bloke was initially very helpful, saying could pay the debt with aninitial payment then 3 instalments. Went off to check, when he came back he said that the debt had now been passed to a recovery agent so Eon were unable to take payments. He says the DCa are TDX. I've never heard of them, presume this is Fred Internationals umbrella? I'll go and have a look.

So looks like I'll have to deal with the lovely brian carter after all. i did ask if Eon could get the debt back but he said no.

[Amethyst]

Re: N1 served

TDX Group - The Agency Network

[WendyB]

Re: N1 served

I can't find any reference on there to Fred or Brian.

Does this mean I've got to deal with the N1 now, doesn't seem to be any way of going direct to Eon.