Solicitors/Co-Op Lying

wadia860

Sorry if this is in the wrong part. I received a letter/summons yesterday from the Court saying the Co-Op want £250 from me.

After reading the Particulars of The Claim, I was shocked to see that "The defendant agreed to pay monthly installments under Account No. XX but has failed to do so."

I have never, ever entered into any correspondence whatsoever with the Co-Op or any 3rd party saying I would make payments. I am not sure if I should contest this as I know full well they do not have any letters or recorded phone calls from me! I am trying to sort my finances and this was down on my priority list of things to pay. Any advice would be gratefully received. Thanks.

McKneff

I would write to them telling them what you have said here and ask to see a copy of the signed agreement then take it from there.

Always use recorded delivery for any correspondence.

wadia860

Thank you McKneff.

Obviously time is of the essence and the Court letter is dated 1st June. Do you know how long I have to try and sort this before it goes to Court? Thanks.

McKneff

Does it say 'Court' or is it just the solicitors spamming it up. If they had a court date they would have stated it.
they probably havent even applied for it yet.

Sometimes solicitors do this to make it sound more urgent than it is and to frighten you into paying. (and it seems to be working in your case) but dont let it.

Can you upload the letter (obviously without your detials) or just give us th e gist or what is actually says.

wadia860

Thanks again McKneff.

wadia860

This will be the very first contact I have had with the Co-Op/the Solicitors and any other 3rd party associated with this case. I am adamant that I have not made contact at all. this is the letter I have to send:

Name/address

03 June 2009

[FONT=&quot]In the Northampton County Court
Claimant -v- xxxxxxxxxx
Claim Number: 9xxxxxxx


Dear Sir/Madam

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 the Co-Operative Bank plc.
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 which 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


[/FONT]

McKneff

The document looks pretty legal and a bit frightening i must admit, but your letter is brilliant!!! and i love the last paragraph.

That'll put a cat among the pigeons.

Go Wadia, go wadia, go wadia.

Let us know how you get on please.

I know this is picky but being a secretary i cant help it - you need 'yours faithfully' at the end. YS is only if you say 'dear john, dear Mr so and so. (sorry)

wadia860

Right, the solicitors time is almost up for sending me information regarding their claim, and as such, they have not sent me anything as yet (which I knew they wouldn't be able to do as I have never had contact with them before!). They have ignored my request asking them to send me proof of me contacting them and any other materials they will be using in Court and/or are using stalling tactics. I will be attaching the letter I sent to Carters to my Court pack.

If anyone could help with the following points, I'd be grateful:

1) As they have blatantly lied to the Court on the Court docs, I would like to put this on there in my defense but I don't know if I am allowed to actually say they have lied.



2) Now, I don't have an issue paying the debt, but how would a Court view being lied to? Would it be best to admit that I owe the money, but point out Carters/CO-OP have lied to the Court, or do I go fully on the defensive on this one?

Any help wording these issues would be gratefully received

TIA

gizmo111

Presumably you have sent back th acknowledgement of service so you have until when to submit your defence?
Are you planning on paying this debt or challenging you owe it?

zzzLazyDaisy

It is NOT acceptable to accuse the coop or it solicitors of lying, but it IS perfectly acceptable to say something like....

'the allegation by the claimant that I agreed to make monthly payments is disputed and the claimant is put to strict proof of this assertion'

wadia860

gizmo111 wrote: »

Presumably you have sent back th acknowledgement of service so you have until when to submit your defence?
Are you planning on paying this debt or challenging you owe it?

Hi Gizmo, I've not sent back anything to the Court yet...I was waiting/giving 14 days for the solicitors to reply to my request. I received the Court letter on the 1st June so time is running out for me!

I don't really have an issue paying the the debt as such, I was just angry that they have lied. I have actually since received a letter saying that I could still contact them to make payments....I am not sure whether to take up this option. I know it will not stop it going to Court, but I *think* they can inform the Court that an agreement has been reached.