Wescot Claim form

stew1981

About two years ago i recieved a letter asking me two pay a debt of roughly £2000 for a littlewoods catologue. I rang them straight away and informed them they must have the wrong person as this was not my debt. To which they apologised and i thought that was the end of it. ( i had dealings with littlewoods some years earlier but didnt remember leaving and debt,) I checked call credit and credit expert just to be sure and nothing showed on either so i left it at that.

About 6 weeks ago i recived a letter from wescot solicitors asking me to make payment on this same debt. I checked my credit score again and still nothing showing. So sent them the statue barred/prove it letter.

Then on the 1.1.11 i recieved a court claim form. So as i am now in a much better financial situation than i have been in my whole life. And finally seeing the back of the mess i got my self in when i was young (ccj expires next year then i will be debt fee.).

I rang wescot and asked why they havent responded to my prove it letter. There answer was that they didnt recive it and the address i sent it to was there solicitors adress. I then asked them to confirm the adress it came from which was a previous address of mine. So i then asked when last payment or contact from myself was to which she replied 17th december 2005. which makes it statue barred next month.
I still did not admit it was my debt to her on the phone.

I have now acknowledged my letter online but am lost as to how to go about my defence...

Also will i get another ccj and ruin my life all over??

Thanks for your help.

thechippy

Firstly,

Fill in the acknowledgement and that you are defending in full. (you know nothing of the alleged debt)
Then, you need to send Wescot a CCA request a bit quick. They will have 12+2 days to respond, or the account enters dispute.

If you get nothing from the cca request, then immediately send a CPUTR 2008 request.

You can also request information from them under civil procedure rules.

Basically throw as many obstacles as possible it them at this stage.

If all goes to plan they may withdraw....;)

stew1981

Hi Thanks for quick response.

I have Filled in the acknowledgement and that i am are defending in full. (i know nothing of the alleged debt).

Where do i get the cca request form from. and the CPUTR 2008 request.

Do i have to actually fill my defence in online first? If so what shall i put?

thechippy

Dear Sir/Madam

Re:- Account/Reference Number *********

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 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

thechippy

Can you type up word for word their particulars of claim?

stew1981

The claim is 2209.46 being monies owing to the claimant in respect of goods provided by littlewoods to the defendant under account number N7658820. The agreement was terminated due to the defendant failed to maintain the agreed terms. In accordance with the pre-action protocols the claimant has attempted to contact the defendant and agree a repayment plan.The defendant has failed to respond or maintain a suitable arrangement. Littlewoods has sold and assigned all rights, title and interest,under this agreement to wescot SPV limited.

And the Claimant claims interest pursuant to section 69 of the county court act 1984 at the rate of 8% per annum from 21/02/2009 to 27/10/2011 totalling 473.13 and thereafter a daily rate of 0.48 to date of judgement or sooner.

thechippy

Ok,

Firstly it looks like they are claiming statutory interest which they can't on any debt covered by the cca1974.

You don't have to file a defence yet, just that you will be defending in full.

It may be wise to submit a cpr 31.16 request direct to wescot. This will often make them withdraw quite quickly, so forget the cca request as cpr is probably more appropriate at this stage.

stew1981

Thankyou. shall i send this recorded delivery then?

Do you have a template for a cpr 31.16 or know where i can get one from please.

thechippy

No problemo.....;)

You will need to ring the court to clarify when your defence needs to be in by, but you have a bit of time yet.

If Wescot don't comply with your request, then you would submit an "embarrassed defence" You could also ask the courts to force disclosure, but I don't think it will come to that.

Bear with me and I'll sort a 31.16 request.........;)

stew1981

I will contact the court tomorrow as its been a few days since i acknowledged already:D

nottoolate

I think you mean 31.14?

31.16 is so do with disclosure before proceedings start

Getting Them To Reveal Their Vitals. Using CPR 31.14 to Your Advantage

CPR part 18 vs CPR 31.14 read here

post and ask for help with a defence asap here

http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?170-Legal-Issues