Hi everyone!!

[Curlyben]

Re: Hi everyone!!

Even if it WAS your account it's unlikely there would be an agreement.
You need to send Carter a CPR 31.14 request for a copy of the agreement relating to the account and statements for the duration of the claim showing how the balance was reached. You also need to send a part 18 request asking for information: - The CPR will suffice
1. Do you hold a signed Consumer Credit Agreement for this account? 2. Was a Default Notice issued in respect of this account? 3. What date did Phoenix Recoveries purchase the account and was a Notice of Assignment sent? - Good points

Just for starters, others will no doubt think of more!

Also, as this would be an agreement regulated by The Consumer Credit Act 1974, they can only claim post judgement interest if it is in the agreement. Their claim for s 64 interest is invalid, as far as I know...Curly? - yep, but as the POC doesn't mention CCA then almost acceptable

The other thing I would do is send a Subject Access Request to Littlewoods..this should produce all the data they hold on you so you can ascertain what products were purchased, date/place of delivery etc to help prove its not your debt. - NO !!!
The claimant is Pheonix and not littlewoods. There is NO need to contact them at all.

Shepherdess x

Comments in Blue

[rees1970]

Re: Hi everyone!!

I'm afraid I focused too much on what Carter had TOLD me. (wish I'd found this forum sooner)

I told them that if as Carter had said it was in my previous address with the dates given on POC then the debt was incurred after I left the property (or words to that effect)
------------------------------- merged -------------------------------
1. Do you hold a signed Consumer Credit Agreement for this account? 2. Was a Default Notice issued in respect of this account? 3. What date did Phoenix Recoveries purchase the account and was a Notice of Assignment sent?

No to 1 and 2. No idea when Phoenix purchased the account, I have no memory of ever hearing from them, Carter was the first I to chase me for this.

[rees1970]

Re: Hi everyone!!

Any ideas on how I can edit the CPR letter to include the fact that the judgment has been set aside etc.

I'm soooo useless at this, sorry !

[rees1970]

Re: Hi everyone!!

Anyone please!

[rees1970]

Re: Hi everyone!!

Oh well I guess not!

Thank you everyone who has helped me so far on this. Much appreciated!

[WendyB]

Re: Hi everyone!!

Just have a go at it and post it up here for a once over before you send it. It's a bit quiet on here today, s have a go at it and then someone will point out amendments if needs be.

[rees1970]

Re: Hi everyone!!

Thank you so much. I'm just getting a bit worried that I'm running out of time.
My defence has to be in court by the 13th May.

I'll give it a go anyway!

[WendyB]

Re: Hi everyone!!

13th May is ages away. Yes. do give it a go then post it up.

[Shepherdess]

Re: Hi everyone!!

Would this thread perhaps be better retitled and moved to the legal forum?

[charitynjw]

Re: Hi everyone!!

A thought:-

If a firm buys a debt as an absolute assignment under the LPA, do they not become responsible for the burden, as well as the benefit?
& if the answer is yes, can you claim PPI from them?
(One for Curlyben, methinks lol)

[rees1970]

Re: Hi everyone!!

Could someone please have a look at this letter for me? Any corrections welcome.

Do I send this to Bryan Carter or Phoenix Recoveries?

Dear Sir,

Re: (Claimant's name) v (Your name) Case No:

CPR 31.14 Request

On 13/12/2010 a County Court Judgment in this case was issued by default by you out of the Northampton County Court Bulk Centre.

As you are now aware the Judgment was set aside on 26/04/2011 at Llanelli County Court and my intention is to contest all of your claim.

Please treat this letter as my request made under CPR 31.14 for the disclosure and the production of a verified and legible copy of each of the following documents mentioned in your Particulars of Claim:

1 The agreement. You will appreciate that in an ordinary case and by reason of the provisions of CPR PD 16 para 7.3, where a claim is based upon a written agreement, a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the original(s) should be available at the hearing. Further, that any general conditions incorporated in the contract should also be attached.

2 The assignment
3 The default notice
4 The termination notice

Although your claim is for a sum which is not more than £5,000.00 and will in all likelihood be allocated to the small claims track for determination upon my delivering a defence, at this moment in time I have not delivered my defence and the case has not been allocated to a track. In consequence the provisions of CPR 27(2) are of no effect and you should not seek to avoid compliance with your CPR 31 duties by claiming otherwise

You should ensure compliance with your CPR 31 duties and ensure that the document(s) I have requested are copied to and received by me within 7 days of receiving this letter. Your CPR 31 duties extend to making a reasonable and proportionate search for the originals of the documents I have requested, the better for you to be able to verify the document's authenticity and to provide me with a legible copy. Further, where I have requested a copy of a document, the original of which is now in the possession of another person, you will have a right to possession of that document if you have mentioned it in your case. You must take immediate steps to recover and preserve it for the purpose of this case.
Where I have mentioned a document and there is in your possession more than one version of that same document owing to a modification, obliteration or other marking or feature, each version will be a separate document and you must provide a copy of each version of it to me. Your obligations extend to making a reasonable and proportionate search for any version(s) to include an obligation to recover and preserve such version(s) which are now in the possession of a third party.
In accordance with CPR 31.15(c) I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.

[WendyB]

Re: Hi everyone!!

It looks fine to me, but wait for more advice/confirmation, and don't panic, there's loads of time yet before the 13th May

[rees1970]

Re: Hi everyone!!

Thank you very much Wendy. Much appreciated!

[rees1970]

Re: Hi everyone!!

Can someone have a look at this letter for me please?

Thanx

[rees1970]

Re: Hi everyone!!

Hi all

I'm hoping to get this letter posted tomorrow, so if anyone can give their opinion on it, that'd be great.

Could someone also offer me any advise on getting my defence sorted too.

Thanx very much