Urgent Help Needed

blind-as-a-bat_2

Queen wrote: »

Hi received claim forms from court for CCJ from RBS that was quick we have 14 days to reply in a real dilema about going BR OH hopefully going back to work tomorrow, and court date for BR 05th Nov but cann't make up my mind if we should go BR or let them go ahead with charging order there are pro's and con's on both parts I know its my dicision by I need some help in making the right one can anybody help me BR V's Charging order abd what they would do in this situation.

Many Thanks

You have 14+5 days to be precise, from the date it was issued(top right )

First thngs first you need to know is do not acknowledge it till the last days, what date was it issued? Where there any documents atached?

blind-as-a-bat_2

Send this to the soliciters

In the XXXX County Court
Claimant -v- (YOUR NAME)
Claim Number: (CLAIM NUMBER)


Dear XXX

REQUEST FOR INFORMATION CPR 18

I have received a recent court claim from your organisation. In order to file a defence and counter claim I require some information. 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.

The information must be furnished within fourteen days of the receipt of this letter. If you fail to comply, this will be reported to the Court, a copy of this letter will be provided as evidence to the same and an Order enforcing your compliance will be sought.

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. 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.


1.1 If copies of any of the above documents are to be relied on in court rather than originals, a copy of the Notice of proposal to adduce hearsay evidence required under s2(1) of the Civil Evidence Act 1995 together with proof of the authenticity of the document(s) as required under s8(1)(b) of the Act, including but not limited to:

(a) a copy of the procedure(s) used for copying, storing and retrieving documents
(b) a copy of the relevant log entry showing the time and date of the scan or copy, the name of the member of staff making the copy, the method used for copying, storage and retrieval and time and date of destruction of the original document(s)
(c) copies of internal and external audit reports covering the entire period from the date of the copy to the present to demonstrate that the procedures have been complied with
(d) copies of Quality Assurance accreditation certificates covering the entire period from the date of the copy to the present to demonstrate that the procedure(s) and audit process(es) comply with the appropriate quality standards

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

a. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations by your company, or by any previous creditor
b. 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 *********.(AMEND TO THE COMPANY NAME)
c. .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).
d. 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.
e. 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.
f. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998
g. 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.
h. Copies of statements for the entire duration of the credit agreement.


3. Any other documents you seek to rely on in court.


I will require this information within the next fourteen 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 sincerely,

XXXX (type, don't sign).

Send G/R/Delivery and keep proof of postage

And this to Creditor (assume RBs)

The Loan Company
Company House,
Church Street,
Newtown,
Kent,
R1 7HG

Dear Sir/Madam

Re:− Account/Reference Number 4563210025897412

This letter is a formal request pursuant to s.77/78 of the Consumer Credit Act 1974. I require you to provide me with a true copy of the credit agreement relating to the above account, together with any other documentation the Act requires you to provide.

I expect you to comply fully and properly with this request, within the statutory time limit. You are reminded that should you fail to comply with my request, the provisions of s.77(6) will apply.

If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties.

Your attention is drawn to ss.5(2), 3(b),6 and 7 of the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR).

I enclose a postal order in the sum of £1.00, which is the statutory fee. Note that these funds are not to be used for any other purpose.

If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee.

We look forward to hearing from you.

Yours faithfully
Mr A N Other

Send G/R/Delivery and keep proof of postage

Tommorow

blind-as-a-bat_2

Queen wrote: »

Hi received claim forms from court for CCJ from RBS that was quick we have 14 days to reply in a real dilema about going BR OH hopefully going back to work tomorrow, and court date for BR 05th Nov but cann't make up my mind if we should go BR or let them go ahead with charging order there are pro's and con's on both parts

Can you state what the pro,s are?, personally im strugling to see any

Queen

CCCS advised that I need to way up pro's and con's of both and then make up my mind can anyone advise of these.

peachyprice

I honestly cannot see any pro's for a CO

Queen

so am I best going BR

Merry_Gentry

Queen, no one can say you should go BR - it has been a decision that you make for yourself. All people can do is give advice and suggestions.

Queen

so would you advise that BR would be better that a charging order I know the final decision is mine but just need some guidance of which would be better hyperthetically

peachyprice

Queen, I don't think you can compare the two. The CO is entirely for the benefit of RBS, not you, and is not a solution to indebtedness.

Queen

so are you saying that BR is the best option