Capital Credit Management Threatening Court Action

ndmk0201

I received an email from a Neil Gilmore from Capital Credit Management Limited yesterday stating they have been trying to contact me regarding an outstanding balance of £250 from MEM Consumer Finance. I replied back stating that I do not deal with companies like these over the phones nor do I give my personal details over the phone and moreover to my knowledge I have had no dealings with MEM Consumer Finance.

I then received an email this morning from a Keith Gibb from CCM stating only:

Our ref: 1******2
Original Creditor: MEM Consumer Finance
Outstanding balance: £250

No other details provided and that I must make payment by Friday or they will issue county court proceedings. My response was:

As previously mentioned I have had no dealings with this company from my records, should you continue to contact me in respect of this without producing any form of evidence that this debt is indeed owed by me I will be contacting the office of fair trading and the FSA regarding your continued harassment of me

I got the following reply:

Michael,

We have provided evidence. If you deny this debt is owing, the burden of proof is on us to show on the balance of probability that you did apply for and obtain a loan. This is how the Court process works and you have the opportunity of filing a defence. We do not wish to be accused of harassment and on the basis you are denying this debt and on the basis you have stated we should not contact you further, I will arrange for proceedings to be issued immediately.

[TEXT DELETED BY FORUM TEAM]

again I replied:

Hi [TEXT DELETED BY FORUM TEAM],

I have provided no proof from CCM other than an amount of £250 that is said to be owed to MEM Consumer Finance, again I have not had dealings with this company to my knowledge. Please provide details of the loan agreement between myself and MEM Consumer Finance, if you cannot provide this then I will be in touch with the OFT and FSA regarding harassment as well as breach of the DPA which has occured.

Kind regards,

Michael.

Michael,

Proceedings are being issued today. I will correspond no further. We are not in breach of any guidelines so your threats to report us hold little weight.

[TEXT DELETED BY FORUM TEAM]

[TEXT DELETED BY FORUM TEAM],

I think you and I both know that you have to prove that I am the person you are seeking with regards to any debt owed, you have not done this and have divulged information regarding the debtor and the debt owed whilst still pursuing me, I think you will find this in breach of the DPA as well as OFT guidelines. Should you start county court proceedings as you say you are in the process of doing, I would welcome this as you will still need to provide a copy of the original loan agreement between myself and MEM consumer finance which I do not believe you are in posession of. You have failed to provide this to me and I have records and proof of this in the forms of these emails and on that basis I shall most look forward to you starting proceedings.

Good day.

Further to my previous email, please find attached copy proceedings which were issued in Northampton County Court at 13.45hrs today. The claim number is 2QZ19452. Please seek immediate legal advice.





[TEXT DELETED BY FORUM TEAM]

To which he followed up with a further email with a Northampton county court claim form attached, with no court address or details, it has "reference only" written diagnally across it as a water mark and the following details:

Claimant:
Capital Accounts Management Limited
Granville Hall
Granville Road
Leicester
Leicestershire
LE1 7RU

Documents and payments to:
[TEXT DELETED BY FORUM TEAM]

Particulars of claim:
[/SIZE][/SIZE][/FONT]1. The Defendant entered into an agreement

with MEM Consumer Finance Limited on the 23rd

October 2009. The agreement was breached by

the Defendant as contractual repayments were

not made and the defendant had debt of

£250.00 outstanding at the date of default.

2. The Claimant had the debt assigned to

them by MEM Consumer Finance Limited and a

notice of assignment was sent to the

Defendant.

3. Despite requests, the Defendant has

refused to provide a reasonable offer of

repayment.

4. The Claimant therefore claims the amount

of £250.00 from the Defendant


So I need advice, is this a real county court claim? should I receive something official from the court? what should I do now?

Sorry for the long post!!

billinghamfan

Ring the court and check that the reference exists and is valid.

ndmk0201

Seems to me if this is real then it's very easy for them to do this, surely they should have provided me with the proof before doing this and followed certain guidlelines??? I don't think I was unreasonable in asking this? I think the CC is only open to 2pm..

nottoolate

i would ask here if you get real papers http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?170-Legal-Issues

mem is a payday laon company isnt it? have you had a payday loan that was not paid?

or could be id fraud?

ndmk0201

Well the reference isn't showing up on the courts system yet though he said it may well take a couple of days to register, guess I will wait and see.

This is from 2009 and I have had payday loans in the past though going back through emails I have nothing relating to this company or their payday loans brand.

If it is a real claim and I receive the form in the next few days, what should I do as I have not had the original loan details/agreement from CCM though don't want a CCJ on my file.

FireWyrm

I would be applying to the court for it to be dealt with immediately. I'd like to see them produce written evidence of your culpability. They've already breached numerous laws with regard to this whole thing and as for this :

We have provided evidence. If you deny this debt is owing, the burden of proof is on us to show on the balance of probability that you did apply for and obtain a loan.

Bwahhhahahaha....There is no balance of probability...they HAVE to produce the credit agreement signed by yourself or it's just not valid...no way no how.

I would be on my computer bashing out complaint letters to both the OFT and Trading Standards regarding this as well as verifying with the court that papers actually exist. Once I had that, I'd be applying to the court for the hearing date and I would argue my case. THEN, I would seek punitive damages.

What a complete scumbag company!

I would be tempted to 'see them in court'...seriously. I've just had a look around the interwebs and it says that this is a common approach from this company. It's a scam to frighten you into paying, but just in case he IS actually a cast iron twit, I'd call his bluff.

abcdef1234

I too have received what seem to be more or less the same scenario as yourself only via e-mail. I have had payday loans in the past so almost immediately made an offer to pay over the year in split payments. I then thought twice about it as I don't remember ever having a loan with them. I e-mailed them back asking where the debt had originally come from? They replied with only a ref number and the company name Mem Finance.

After this I made a monthly payment plan suggestion to start on my first payday 7 days from the date of the e-mail sent. They replied to me saying unless I pay something today it would go to court. I replied and said I have less than a pound in the bank (the truth) and that could pay on my payday of the 27th September, to which I received a prompt e-mail that I had been Cc'd on saying please issue CCJ arrangements.

I am very annoyed at how they jumped straight to this step which to me seems like it could be a bullying tactic as I made them a reasonable offer. I am now though in doubt as to how legitimate this company is? I would appreciate if you could keep me informed of your progress and I will do the same for you.

I have now said I will make first payment upon receiving further evidence/information regarding the loan. I hope they see this as a fair request as I believe I haven't been given a chance to rectify this problem if it should turn out to be an honest debt in my name.

Asbestross

Save any an all emails securely that you've received [TEXT DELETED BY FORUM TEAM]

There are very strict hoops that a DCA must go through to ensure a successful claim in County Court. The fact that you have responded to his every correspondence and have conducted your legal right to request proof of this debt would go very well in your favor if it did actually get to court. No judge will award a CCJ when either no time has been provided to actually remedy the situation, or where its proven the DCA has failed to meet their legal obligations.

My bet is though that all this is actually an emtpy threat, when a CCJ is applied for there are no letters in that format provided which means it is one manually typed by a staff member. If the reference doesnt add up, I would go so far as to say they are forging an official document which is a serious offence.

abcdef1234: This email that you were cc'ed into. Was the addressee another staff member at Capital Credit Management Ltd?

EDIT: FireWyrms advice is very solid. You need to be raising complaints to the OFT and Trading Standards as well as discussing with the court in the event that this is all smoke and mirrors. The OFT do not take kindly to these kinds of things and while they cannot act on one incident alone, your complaint may just be the final bullet they need to bring these cowboys down. Good luck

chanz4

payday uk is mem, thye may of placed a claim with the bulk processing , all they have to produce is a copy of the application you made online as it will of been after 2007 so will have a digital signed cca

ndmk0201

OK, so they werent bluffing, I got court papers through today

Now, do I want to use the dispute full claim option? I have already written in my defence, is there anything else I should add?

I have asked the claimant for proof of this debt which they have failed to provide. Until they can prove the debt I have been unwilling to pay them. I do not recollect owing money to a "mem consumer finance" and have requested evidence of a credit agreement between myself and mem consumer finance. The claimant has refused this request. The claimant has provided no other evidence that I am the debtor other than threatening and persistent emails to me.

Anything else I want to be adding here?

The thing is a few years ago I did get into debt with some payday loans, some paid some possibly not though I have no email records of Mem or payday and have simply asked for the original credit agreement before paying.

Now I will make that clear on the claim form but if it turns out that I do indeed owe this debt will the CCJ be enforced against me even though CCM refused to provide the original agreement?

nottoolate

you probably want to make a request for information under part 18 or part 31 of the civil procedure rules before you enter a defence. you do that to force them to reveal info on the debt so you can decide what to do.

you can ask here how to do that http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?170-Legal-Issues

and acknowledge the claim online saying you want to defend to give you more time.