N1 CPC received - advice please?

N1 CPC received - advice please?

Postby newman » Mon Jun 27, 2011 12:03 pm

I have been sent a N1CPC form from a solicitor acting on behalf of a debt collection agency and I have some questions but a bit of background might be helpful first.

The particulars of claim state
"the claimant claims the sum of 8,8xx.xx for debt and interest. The defendant was indebted to Citi Financial Europe PLC for credit advanced. The debt was assigned to the claimant. Notice of assignement was given to the defendant.
AND THE CLAIMANT CLAIMS
1) the sum of 6,7xx.xx
2) Statutory interest pursuant to Section 69 of the County Court Act 1984 at a rate of 8.00% per annum from 8/6/07 to 20/6/11, 2,1xx.xx & thereafter at a daily rate of 1.47 until judgement or sooner payment.

IF YOU WISH TO SPEAK TO US REGARDING THIS CLAIM THEN PLEASE CALL 0208 290 7370
*schecule script


I had a credit card account in 2007 with Citi Financial and I ran into some financial difficulties and had to agree with them reduced payments. I was adhering to the payment plan and even increased the amount I had agreed to pay - it actually doubled from £5 PCM to £10 PCM.

In May 2007 Citi sold my account to 1st Credit without my knowledge. the first I knew of this was when I received a Notice of Assignment from Citi in June 2007. They never issued me with a default notice.

When they did this I issiued a formal complaint with Citi financial and the Financial Ombudsmen.

I also received a letter a week later from 1st Credit to which I responded and requested from them a true copy of the original credit agreement to which they had referred in their letter under S78 of the CCA 1974 and I enclosed a £1 postal order. I also requested a true copy of the deed of assignment.

I informed 1st Credit that my account was officially in dispute.

it took 1st credit over 33 months to send me anything and when they eventually did respond they sent me what they claim is my original agreement although there are no signatures to be found anywhere. This arrived W/c 01/03/2010 - and I then wrote to them again and asked numerous questions all of which have been ignored.

Citi wrote to me in Feb 2008 stating "that we are under no obligation to comply with your request for a copy of your agreement under the Consumer Credit Act as we no longer have a contrctual relationship with you, nor are we seeking to enforce any agreement against you. Your right ot be provided with this information from Citi Financial ended with the assignement of your debt to 1st Credit Limited"

in a nuthsell 1st Credit have ascertained that as they have sent me what they claim is true copy of my agreement that there is no longer any dispute on the account. They have stated in a letter that they feel it is irrelevant that I was not sent a default notice and have even asked me to explain why I believe it is.

I have written to them on numerous occassions and have also asked them to confirm that by not responding to my request for my original signed credit card agreement within the statutory legal timescales that they had in fact committed a criminal offence.

I wrote to them and asked them to confirm if my original request for information was not responded to within the statutory legal limits. I also stated that because they had not responded within these timeframes that they had committed a criminal offence.

Their response to this was that I had stated certain inaccuracies including
1) "Your claim that 1st Credit Ltd has committed a "criminal offence". This may have been correct when writing your earlier letters in 2007, however the Consumer Protection from Unfair Trading Regulations 2008 section 3.12 states that this claim is "incompatible with the contract law", thus your statement is now incorrect.

2) "Your "legal advisors" advised you thst it is necessary for a True Copy of the agreement to be signed.

My questions really are relating to the legal position of 1st Credit not responding within the statutory legal timeframes and the position of the account being in dispute.

If they had indeed committed a criminal offence in 2007 by not responding to my request for information within the statutory legal timeframes are they correct that my statement is now incorrect? Surely they either did commit a criminal offence at the time or they did not commit a criminal offence? If they did commit a criminal offence can I report them to the police and take action against them now for this?

Also they state that what they have sent me is a true copy of my credit agreement, however, how can they prove that this is the case unless there are signatures on the document? Anyone could have compiled the paperwork and inserted my details.

And also their statement that as they have proivided me with my agreement means that there is no longer a dispute. My view on this is that there very much still is a dispute as they havent provided what I have asked for and they are still chasing me for the "debt" they say I owe them, which is contrary to the OFT guidelines.

With respect to the Particulars of Claim - my account was (and still is in my opinion) in dispute for the whole period they are claiming interest for and so am I correct in thinking that they cannot clsaim interest for this period?.

I have stated to them in one letter that because they were trying to recover an alleged debt whilst the account was in dispute they were contravening the OFT guidelines and I did threaten to report them, however, due to the stress and anxiety that this has cause me I have never written to the OFT.

Any thoughts on this would be most welcomed.

Many thanks in advance.
newman
 
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Re: N1 CPC received - advice please?

Postby knightron » Mon Jun 27, 2011 12:15 pm

Hi Bud..The very best thing you can do here is Phone the OFT and ask them what to do..they have certain ways and means of doing things and if not adheared to , you might have to start all over again... First of all I would just ignore the claim against you,If they are continuously ignoring you, what is the point?.. In my opinion you could well be better off in court to sort these idiots out..If you OWN anything its a different matter, make sure anything in your name is changed to a loved one you trust implicitly and entrust all your worldy goods to them..(Just in case you get bulldozed)<<<<<<<<stitched up and an enforcement order is issued.!
Ring the national debt helpline too..they are a world of info about rules and regs regarding DCA's and such... :shake: :hug:
ʎɐqǝ uo pɹɐoqʎǝʞ ɐ ʎnq ı ǝɯıʇ ʇsɐן ǝɥʇ sı sıɥʇ
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Re: N1 CPC received - advice please?

Postby newman » Mon Jun 27, 2011 1:51 pm

Hi Knightron
Thanks for the swift response which is much appreciated. I take your point about ignoring the claim, however, when it arrived I did panic and I went onto the www.moneyclaim.gov.uk website and completed the Acknowledgement of Service and ticked the box "I intend to defend all of this claim".
My concern is that if I just ignore them totally that would probably mean judgement going against me for ignoring them.

Excellent suggestions about contacting the OFT - I have threatened them with this before but as it was causing me a lot of stress I didnt go ahead with that threat.
Also interesting comments about removing my name from anything I own. Everything I "own" like my house is in both my name and my wifes and I think it could be quite difficult to have someone elses name on our house as we would woudl have to inform our mortgage providor. Its a great suggestion but I need to think through this one.

Having studied the material on the get out of debt free website I was intending to write the 1st letter to the solicitores and 1st Credit last month but due to personal circumstances, I wasnt able to get the letters started before the claim form came in. This morning, I have taken the first of their three suggested letters and have amended it and I am considering sending it off to 1st credit and copying the solicitors and also connaught collections who have been pestering me on the phone. - I have pasted it here with specifics removed.
Any comments would be welcomed.

Non-Negotiable

© my : Name Authorised Representative for
MY NAME™ and all derivatives thereof.
C/o xxxxxxx (my address)
xxxxxx
xxxxxx
Near xxxxxx


Mr Gavin Flynn, Head of Collections, 1st Credit, PO Box 278, Reigate, RH2, 7WB
27/06/2011
Dear Mr Flynn
RE 1st Credit Limited Ref No xxxxxxx; Connaught Collections &Judge & Priestly Ref No xxxxxxx

I have received two letters recently from Judge and Priestly Solicitors dated: 13/05.2011 & 03/05/2011

I feel this matter is very serious and I wish to deal with it in writing. I have, on several occasions in the past requested that all correspondence relating to this matter be dealt with in writing, however, your company and those associated with you, namely Connaught Collections; seem to feel that it is acceptable to totally ignore this. To reiterate, I do not give you, Connaught Collections, Judge & Priestly Solicitors, LCS Solicitors or any other company you may trade as, or who are a trading style of your company, permission to contact me by telephone.

Recently I have received several phone calls from Connaught Collections who are a trading style of your company and despite requesting that they cease calling me and remove my telephone number from their/your database, they have chosen to totally ignore my reasonable requests, and have continued to harass me by continuing to call me to discuss this matter but on the 24/06/2011 a representative from Connaught Collections called me twice and refused outright to remove my details from their records.

I log the dates and times of all calls/messages and these calls now constitute ‘harassment’. Because of this harassment, I intend to take action under Section 1 of the Protection from Harassment Act 1997 and Administration of Justice Act 1970 S.40, which makes it a Criminal Offence for a creditor or a creditor's agent to make demands (for money), which are aimed at causing 'alarm, distress or humiliation', because of their frequency or manner, which they have now succeeded in doing.

Please read the following thoroughly and very carefully before responding. The reason why you need to read very carefully is simple. I am offering your company conditional agreement. This removes controversy, and means that you no longer have any ultimate recourse to a court of law in this matter, because there is no controversy upon which it could adjudicate. You always have the option of dragging these conditions into a court of law only to be told that they are, indeed, perfectly lawful. That is, of course, always your prerogative should you decide to waste your time.

For this reason it is important that you carefully consider this notice and respond in substance, which means actually addressing the points raised herein. The 'nearest official form' will not suffice, and consequently is likely to be ignored by myself without any dishonour on my part.

On the other hand there is a time-limit on the agreement being offered. It is reasonable, and if it runs out then you and all associated parties are in default, removing any and all lawful excuse on your part for proceeding in this matter.

In the matter of the request for my payment of £6,727.12, I would be very happy to settle any financial obligation I might lawfully owe as soon as I have received the following documentation from you:
1 Verification of your claim against me (a sworn affidavit or a hand signed invoice in accordance Bills of Exchange Act (1882) );
2 A Copy of a lawful contract signed by both parties and therefore binding both parties.
3 Validation of the debt (the actual accounting)
I hereby give you ten (10) days from the above date to reply to this notice. Your said failure to provide the aforementioned documentation will constitute your agreement to the following terms:
1 That you are a third party interloper;
2 You have no legal standing; no first-hand knowledge of this matter;
3 Your claim is fraudulent;
4 Any damages I suffer you will be held culpable;
5 You agree to pay all fee schedules;
6 That any negative remarks made to a credit reference agency will be removed
7 That you will no longer pursue this matter any further
Should you provide sufficient evidence that I owe your organisation or your client any outstanding amount and that you can provide proof that they have assigned you agency, I should be happy to pay any verified claim in full.

NB This is not a complaint or a query or a request for a statement / agreement and is not to be treated as one. Do not refer to me as Mr or any Title, which is a legal fiction and is not me. You may only use my name when sending payment.

Yours sincerely
By: Sovereign © My : Name
Authorised Representative
All Rights Reserved. Errors & Omissions Excepted
CC: Judge & Priestly, Justin House, 6 West Street, Bromley, Kent, BR1 1JN
Connaught Collections, The Omnibus Building, Lesbourne Road, Reigate, RH2 7JP
WITHOUT PREJUDICE – WITHOUT RECOURSE – NON-ASSUMPSIT
Without any admission of any liability whatsoever, and with all Natural, Inalienable, Rights reserved.

Please address all future correspondence in the matter to a direct Human Self, namely Me : of the family, as commonly called Xxxxxx.
newman
 
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Re: N1 CPC received - advice please?

Postby newman » Mon Jun 27, 2011 1:55 pm

Hi Knightron
Thanks for the swift response which is much appreciated. I take your point about ignoring the claim, however, when it arrived I did panic and I went onto the www.moneyclaim.gov.uk website and completed the Acknowledgement of Service and ticked the box "I intend to defend all of this claim".
My concern is that if I just ignore them totally that would probably mean judgement going against me for ignoring them.

Excellent suggestions about contacting the OFT - I have threatened them with this before but as it was causing me a lot of stress I didnt go ahead with that threat.
Also interesting comments about removing my name from anything I own. Everything I "own" like my house is in both my name and my wifes and I think it could be quite difficult to have someone elses name on our house as we would woudl have to inform our mortgage providor. Its a great suggestion but I need to think through this one.

Having studied the material on the get out of debt free website I was intending to write the 1st letter to the solicitores and 1st Credit last month but due to personal circumstances, I wasnt able to get the letters started before the claim form came in. This morning, I have taken the first of their three suggested letters and have amended it and I am considering sending it off to 1st credit and copying the solicitors and also connaught collections who have been pestering me on the phone. - I have pasted it here with specifics removed.
Any comments would be welcomed.

Non-Negotiable

© my : Name Authorised Representative for

MY NAME™ and all derivatives thereof.

C/o xxxxxxx (my address)
xxxxxx
xxxxxx
Near xxxxxx


Mr Gavin Flynn, Head of Collections, 1st Credit, PO Box 278, Reigate, RH2, 7WB
27/06/2011
Dear Mr Flynn
RE 1st Credit Limited Ref No xxxxxxx; Connaught Collections &Judge & Priestly Ref No xxxxxxx

I have received two letters recently from Judge and Priestly Solicitors dated: 13/05.2011 & 03/05/2011

I feel this matter is very serious and I wish to deal with it in writing. I have, on several occasions in the past requested that all correspondence relating to this matter be dealt with in writing, however, your company and those associated with you, namely Connaught Collections; seem to feel that it is acceptable to totally ignore this. To reiterate, I do not give you, Connaught Collections, Judge & Priestly Solicitors, LCS Solicitors or any other company you may trade as, or who are a trading style of your company, permission to contact me by telephone.

Recently I have received several phone calls from Connaught Collections who are a trading style of your company and despite requesting that they cease calling me and remove my telephone number from their/your database, they have chosen to totally ignore my reasonable requests, and have continued to harass me by continuing to call me to discuss this matter but on the 24/06/2011 a representative from Connaught Collections called me twice and refused outright to remove my details from their records.

I log the dates and times of all calls/messages and these calls now constitute ‘harassment’. Because of this harassment, I intend to take action under Section 1 of the Protection from Harassment Act 1997 and Administration of Justice Act 1970 S.40, which makes it a Criminal Offence for a creditor or a creditor's agent to make demands (for money), which are aimed at causing 'alarm, distress or humiliation', because of their frequency or manner, which they have now succeeded in doing.

Please read the following thoroughly and very carefully before responding. The reason why you need to read very carefully is simple. I am offering your company conditional agreement. This removes controversy, and means that you no longer have any ultimate recourse to a court of law in this matter, because there is no controversy upon which it could adjudicate. You always have the option of dragging these conditions into a court of law only to be told that they are, indeed, perfectly lawful. That is, of course, always your prerogative should you decide to waste your time.

For this reason it is important that you carefully consider this notice and respond in substance, which means actually addressing the points raised herein. The 'nearest official form' will not suffice, and consequently is likely to be ignored by myself without any dishonour on my part.

On the other hand there is a time-limit on the agreement being offered. It is reasonable, and if it runs out then you and all associated parties are in default, removing any and all lawful excuse on your part for proceeding in this matter.

In the matter of the request for my payment of £6,727.12, I would be very happy to settle any financial obligation I might lawfully owe as soon as I have received the following documentation from you:

1 Verification of your claim against me (a sworn affidavit or a hand signed invoice in accordance Bills of Exchange Act (1882) );
2 A Copy of a lawful contract signed by both parties and therefore binding both parties.
3 Validation of the debt (the actual accounting)

I hereby give you ten (10) days from the above date to reply to this notice. Your said failure to provide the aforementioned documentation will constitute your agreement to the following terms:

1 That you are a third party interloper;
2 You have no legal standing; no first-hand knowledge of this matter;
3 Your claim is fraudulent;
4 Any damages I suffer you will be held culpable;
5 You agree to pay all fee schedules;
6 That any negative remarks made to a credit reference agency will be removed
7 That you will no longer pursue this matter any further

Should you provide sufficient evidence that I owe your organisation any outstanding amount and that you can provide proof that you have been assigned agency, I should be happy to pay any verified claim in full.

NB This is not a complaint or a query or a request for a statement / agreement and is not to be treated as one. Do not refer to me as Mr or any Title, which is a legal fiction and is not me. You may only use my name when sending payment.

Yours sincerely
By: Sovereign © My : Name
Authorised Representative
All Rights Reserved. Errors & Omissions Excepted
CC: Judge & Priestly, Justin House, 6 West Street, Bromley, Kent, BR1 1JN
Connaught Collections, The Omnibus Building, Lesbourne Road, Reigate, RH2 7JP
WITHOUT PREJUDICE – WITHOUT RECOURSE – NON-ASSUMPSIT
Without any admission of any liability whatsoever, and with all Natural, Inalienable, Rights reserved.

Please address all future correspondence in the matter to a direct Human Self, namely Me : of the family, as commonly called Xxxxxx.
newman
 
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Re: N1 CPC received - advice please?

Postby knightron » Mon Jun 27, 2011 2:51 pm

I would also include their admission of breaking the law and advise them that you have reported them as doing so..:)
Their response to this was that I had stated certain inaccuracies including
1) "Your claim that 1st Credit Ltd has committed a "criminal offence". This may have been correct when writing your earlier letters in 2007, however the Consumer Protection from Unfair Trading Regulations 2008 section 3.12 states that this claim is "incompatible with the contract law", thus your statement is now incorrect.


whether it was a crime at the time and it isn't now is irrespective..they broke the law and must face the consequences.. :shake: :hug:
All the best with it bud..;)
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Re: N1 CPC received - advice please?

Postby pitano1 » Mon Jun 27, 2011 8:03 pm

In May 2007 Citi sold my account to 1st Credit without my knowledge
---------------------------------------------------------------------------------------

debt paid. :giggle:

seems these parasites,are trying to scare you. :no:


just had a look at their collection statistics,and there is
87% failure to collect debts,over 1 year old.


stay in common law,and watch them bluster :giggle:


just in case

http://www.insolvencyhelpline.co.uk/debt_factsheets/harassment_of_people_in_debt_by_creditors.php


in a case such as this,insist on WET signatures,signed on the wo/mans FULL commercial liability
if not tell them any letters WILL be returned,without dishonour.


these are third party interlopers...
If the machine of government is of such a nature that it requires you to be the agent of injustice to another, then, I say, break the law.
Henry David Thoreau
ALL UNALIENABLE RIGHTS RESERVED -AB INITIO - Without Recourse - Non-Assumpsit
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