Unenforceability & Template Letters III

never-in-doubt

scarednshakin wrote: »

Morning Nid

Got letter from Apex today about Barclaycard CC, take it I send Account sold while in Dispute letter? Sent out Final Response to them on 10 April. Cheers

You do if Apex have never been involved before, yes mate. BUT also send a copy of your final response that you sent to whoever you sent it to, was this BC or a different DCA?

So to clarify, send the Account Sold template with a copy of your final response to Apex, yes.

never-in-doubt

mojoparrot wrote: »

Hi NID/10past6
Before I could get your letter out to Drydens I have received court claim form in the post this morning.
Any ideas?
Shaking like a leaf:eek::eek::eek:
Mojo:eek:

Hiya

what is the claim form and where was it issued from (please say Northampton clearing courts, i.e. money claim online)

Don't worry, everything will be ok!

I will ask 10past6 to PM you, point is for ease and clarity please do a little bullet point list here of events to date so when he comes to check, he'll know everything he needs to know. Don't you go worrying, you'll be fine!

Edit - see here 10past6 - #2593

This lists events to date:

17/3/10 I sent the CCA request to Drydens.
25/3/10 Drydens sent me a photocopy of the CCA (illegible its a much copied document and although you can see my handwritten details you cant read the small print but I think the agreement is with Sears not Creation). Also a reconstituted agreement - blank. And a copy of a reconstituted terms and conditions. The covering letter states:
Please note we are instructed to issue legal proceedings in 7 days in the absence of satisfactory repayment proposals.
26/3/10 I sent Drydens the CCA query Illegible copy supplied letter.
8/4/10 I received a letter from the original lender Creation with a second copy of all the documents received on 25/3/10 from Drydens blown up to A3 size. Although the photocopied CCA was twice the size it was still illegible (the print not my details). The A3 copy of the reconstituted CCA (for creation not sears) had been partially completed this time by hand (not mine) to show my name and address, but the address was from 15 years ago, not my current address.
21/4/10 Letter from Drydens
Please find attatched a full statement of account as requested (on A4).
We note the contents of your letter and confirm we have provided you with a copy of the signed agreement. With regards the legibility of the document you were also provided with a perfectly legible reconstituted agreement detailing terms and conditions of the agreement. A further copy of this is attatched.
We now consider all your requests for information satisfied and will issue legal proceedings in 14 days....
27/4/10 Emailed you the million pages of agreements
29/4/10 Sent recommended letter CCA query
6/5/10 Drydens letter received as last post

mojoparrot

never-in-doubt wrote: »

Hiya

what is the claim form and where was it issued from (please say Northampton clearing courts, i.e. money claim online)

Don't worry, everything will be ok!

Thanks for replying NID can barely type with fear:eek:
Yes its Northhampton. I was just thinking how I would get down there to be at court!:eek:

never-in-doubt

mojoparrot wrote: »

Thanks for replying NID can barely type with fear:eek:
Yes its Northhampton. I was just thinking how I would get down there to be at court!:eek:

Hiya

Ok, calm down I need the name of the claim form? Nothing is going to happen, we knew this would happen - just stay calm and speak to me lol. I'm trying to do this for you but need you to respond lol

By the way - http://www.drydenslaw.com/about.asp

Drydens is not just another law firm. We are a specialist debt litigation law firm with an outstanding track record in achieving recoveries in a highly professional and effective manner. Using a bespoke technology solution with robust operating procedures, our focus is on delivering monies back to our clients as quickly and efficiently as possible.

This should read: highly unlawful and illegal manner :o:o

maz1964

hiya niddy

finally have sent you an email for you muse over,,

have a fun day all catch up laters maz:beer:

mojoparrot

never-in-doubt wrote: »

Hiya

Ok, calm down I need the name of the claim form? Nothing is going to happen, we knew this would happen - just stay calm and speak to me lol. I'm trying to do this for you but need you to respond lol

Big breath.............:o

Thought I'd just be saying hello today and nothing else!:o

The form is titled claim form
Claimant is drydens lawyers
It says... the claimants claim for monies due from the defendant under a Adams storecard.
Agreement no xxx issued on 25/1/97 regulated by the CCA 1974
the defendant breached the agreement by failing to maintain payments in accordance with the agreement and was served with a notice under section 87 (1) of the Act.
The defendant has failed to comply with the defaut notice and the claimant claims the sum of £4,060.59 together with interest at the rate of 39.90% per annum in accordance with the agreement on the sum due from 15/2/10 to 10/5/10 totalling £97.85 and continuing until judgement or payment at the daily rate f 4.43884
Total sum claimed £4,323.24
There is a response pack showing acknowledgement of service, admission sheet and defence and counterclaim.

Thanks NID stopped shaking now!
Mojo:D

mojoparrot

never-in-doubt wrote: »

Hiya

Ok, calm down I need the name of the claim form? Nothing is going to happen, we knew this would happen - just stay calm and speak to me lol. I'm trying to do this for you but need you to respond lol

By the way - http://www.drydenslaw.com/about.asp



This should read: highly unlawful and illegal manner :o:o

Ooerr!!!:mad: Drydens are very scary to deal with :eek:

never-in-doubt

Is the form entitled N1?

mojoparrot

never-in-doubt wrote: »

Is the form entitled N1?

Yep N1CPC claim form (04.06)

Moobags_2

Hi NID and all my fellow DFW's

#2664
I hope I've done the link right to the last post regarding my Cap One / Cap Quest saga

Well today I have rec 2 letters from Cap Quest
1) dated 9/5/2010 chasing me for money
2) dated 13/5/2010 stating Cap One will be in contact and in the mean time they have been instructed to 'continue to collect on the debt'

These companies take no notice that the account is in dispute and are really starting to annoy me , I feel something needs to be done about Cap Quest but I dont know what ! :mad:

Sorry mini rant over
I assume I should just sit tight and wait for Cap One to contact me