Wescot Claim form

stew1981

I have also today discussed this with a family member who is a barrister, And she agrees with what you have said and cag have said. Would have spoken to her sooner but she so busy. Its finally feeling better. My head no longer feels like its going to explode!!

You guys restore my faith in humanity. You should be proud of yourself.

Cheers:beer:

thechippy

stew1981 wrote: »

I have also today discussed this with a family member who is a barrister, And she agrees with what you have said and cag have said. Would have spoken to her sooner but she so busy. Its finally feeling better. My head no longer feels like its going to explode!!

You guys restore my faith in humanity. You should be proud of yourself.

Cheers:beer:

You are more than welcome..........:D:beer:

stew1981

TODAY I`VE RECEIVED THIS LETTER

Dear Sirs

We acknowledge safe receipt of your letter dated 17th November 2011 requesting further documents in accordance with CRP.31.14

CPR 31.1 (2) states:-

This part applies to all claims except a claim on the small claims track.

And it further confirms in CPR 27 (2) (b) that part 31 does not apply to small claims.

We accept that as at todays date this matter has not as yet been allocated to the small claims track,however,in our opinion and having considered CPR 27 it is clear that upon your defence being submitted that this matter will be allocated to the small claims track,indeed it seems to us that the small claims track is there to deal with these kinds of cases. You may disagree and the court has discretion in respect of the track allocation, but based on the financial value alone it is difficult to envisage anything other than allocation to small claims track.

The overriding objectives as set in CRP1.1 (1) list s a number of rules that we always seek to follow, with this in mind, I can confirm that in accordance with your request we have approached the original lender and requested all available documentation.

However, having particular regard to CRP1.1 (1) we will confirm at this early stage that all the information you have requested will not be forthcoming and you should therefore take the necessary action that you believe is appropriate you may also wish to take independent legal advice from a solicitor or approach the citizens advice bureau who should be able to assist you free of charge.

it is our opinion that all the information you have requested will not be necessary to prove our case. A court will consider the facts and evidence and make a fair and reasonable judgement, which in our opinion will be that the funds claimed are due and owing. Again, you may disagree, and it isn't really our place to second guess a decision that will be made by the trial judge following the appropriate submissions of evidence by both parties.

We hope we have set out our position clearly and fairly and would once again encourage you to take out independent advice.

Should you have further queries, please do not hesitate to contact our offices.

We confirm our file has been placed on hold for a period of 14 days.

thechippy

Hmmm,

Well they've admitted they have no documentation, so how are they going to substantiate their case?

Again, I don't really know the correct wording to use, or procedure as such, but I think I'd be asking them if they wish to discontinue and copy in the court.
Or, ask the court for a strike out as they have no case.

It may be that they have not had a copy of your defence yet, or they may still be giving it large and bluffing, in the hope that you will not know how to proceed and get judgement by default.

"following the appropriate submissions of evidence by both parties." - what evidence do they have then? - NONE!!

Without any documentation, I can't really see how they can win this and I think the letter is a last ditch bluff...;)

stew1981

Yes i agree....

Ive posted this letter on cag too and am getting the same response.... Also ive discussed this with a barrister i know and they have also advised me they have no chance....

Looking good....

thechippy

Nice one Stew - crack on.........:beer:

stew1981

(they have now decided to threaten me)

Received today:-

YOUR FINAL OPPORTUNITY TO AVOID A COUNTY COURT JUDGMENT (CCJ)

Dear Mr xxxx

As you failed to respond to our attempts to contact you and agree repayment of the above account,a county court judgement (ccj) is now registered against you for the full amount shown above..You should have recived a copy of the ccj from the court.

When a ccj is obtained, it is registered on the ccj register for 6 years. It will also apear on your credit file for 6 years which is likley to significantly affect your ability to obtain future credit including credit cards,personal loans,mortgages.

IF YOU PAY THE CCJ IN FULL WITHIN 30 DAYSW OF THE CCJ IT WILL BE COMPLETLY REMOVED FROM THE REGISTER AND ,THEREFORE,WILL NOT APPEAR ON YOUR CREDIT FILE.

If you do not pay the ccj we may have no action but to take enforcement action against you. This could include:-

*securing a charging order against any property you own.

*Obtaining an attachment of earnings though your employer.

*Instructing a bailiff to execute a court warrent,which could result in goods being taken to satisfy the outstanding ccj.

Any additional costs of enforcement will be added to your outstanding balance.

TO REMOVE A CCJ FROM YOUR RECORDS YOU WILL HAVE TO ACT QUICKLY

You can make a payment or discuss repayment options by:

-sending your payment to the above address; or
-calling us on 0000 000 000; or
-paying online at :https://www.weconppl.com

stew1981

strange as the court also sent me this today.

I acknowledge recipt of your defence. A copy is being served on the clamant (or clament solicitor).
The clament my try to contact you direct to try to resolve any dispute. If the dispute cannot be resolved informally, the clamant will inform the court that he wishes to proceed. the court will then inform you of what will happen.

Where he wishes to proceed,the claimant must contact the court within 28 days after reciveing a copy of your defence. After that period has elapsed,the claim will be stayed. The only action the claimant can then take will be to apply to the judge for an order lifting the stay.

thechippy

If that's the exact wording, they are implying they already have a CCJ!!

I think the judge would like to see that letter, as it's totally misleading and tantamount to a threat.

stew1981

Yes mate thats exact wording... Looking good for me i think?