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INFO - NEW Civil Procedure Rules Pre-Action Protocols introduced OCTOBER 2017

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Re: INFO - NEW Civil Procedure Rules Pre-Action Protocols introduced OCTOBER 2017

Post by Kestrel on Fri Jan 26, 2018 11:34 pm

Take note on Page 12 (Box I) it states the following:
Additional documents or information that you might need could include:
 A copy of the written contract for the debt

Was this not asked by most in the '3 letters' i.e.
A copy of the contract signed by both parties and therefore binding both parties

Yet everything appears to be down to the 'agreement' rather than contract yet this legislation actually states 'contract'.

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Re: INFO - NEW Civil Procedure Rules Pre-Action Protocols introduced OCTOBER 2017

Post by assassin on Sat Jan 27, 2018 1:20 am

This because an agrement becomes a contract under lex mercatoria, English Contract Law and European Contract Protocols once a legal action is initiated, at this point it becomes a contract and the contract legislation applies.
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Re: INFO - NEW Civil Procedure Rules Pre-Action Protocols introduced OCTOBER 2017

Post by daveiron on Sat Jan 27, 2018 9:14 am

In box 1. list all the documents you requested in the letters you sent them.
If you did use them, look at the new letters & request those documents & any thing else you think may be relevant .

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Re: INFO - NEW Civil Procedure Rules Pre-Action Protocols introduced OCTOBER 2017

Post by barnwebb on Sun Jan 28, 2018 8:51 pm

Thanks Kestrel,assassin, daveiron.

I've replied on the thread below as I assume that was the one you intended to post on Smile

http://goodf.forumotion.com/t1830-hoist-portfolio-howard-cohen-letter-of-claim

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Re: INFO - NEW Civil Procedure Rules Pre-Action Protocols introduced OCTOBER 2017

Post by Ithesoul on Fri Jun 01, 2018 11:39 am

Hi
Can someone please let me know if there is a pre-action protocol letter template that I can use.

Thanks
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Re: INFO - NEW Civil Procedure Rules Pre-Action Protocols introduced OCTOBER 2017

Post by Ithesoul on Fri Jun 01, 2018 12:24 pm

To add, its to send to a company called Intrum, who used to be called 1st Credit, who Barclays have sold the account to.

Thanks
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Re: INFO - NEW Civil Procedure Rules Pre-Action Protocols introduced OCTOBER 2017

Post by barnwebb on Thu Jun 21, 2018 3:42 pm

Hi Ithesoul,

Below is the one I've been using should you still be needing it.

===============================================

Pre action conduct has been amended, new letter to be sent.

SENT BY RECORDED DELIVERY Your address

Your ref.:

Their address

Date

Dear Sirs,

Re: Your Client – xxxxx Limited
Pre Action Conduct - Request for Information

With regard to your letter dated xxxxx 2015, which stated Legal Action would be taken, I take this to be a Letter before Action under the above named Pre Action Conduct Protocol and as such I am responding accordingly.

As you have indicated you are acting on behalf of xxxxx Limited in this action, I assume you are authorised to accept service of documentation, therefore, please accept this request for Information sufficient to understand the claim being threatened and as such is in accordance Section 3 of the Pre Action Conduct, by way of Service Upon You and your client.

As I have never entered into any Legal Agreement or Contract with your client, for any monies or specifically for the alleged amount of £xxxxx; and I neither accept nor acknowledge the assertion any debt has been Legally and Absolutely Assigned to your client, I therefore, request the following documentation under Pre Action Conduct Section 6 (c) as proof of your Clients assertions of a Legal Obligation, to be provided to me within 40 days of the post marked date of this letter.

I. Pursuant to s.77-79 of the Consumer Credit Act 1974 (CCA1974) a copy of the Original Signed Consumer Credit Agreement, along with a copy of the original Terms & Conditions and any and all subsequent changes in said Terms & Conditions.

II. Statements of the Account referred to, including details of all payments made and calculation of how interest was charged against each item, leading to the Alleged Debt of £xxxxx.

III. Also, as this is an Alleged Debt, I believe Default Charges may have been applied to the Account and as such may be unlawful under the Unfair Consumer Contract Terms Regulations 1999, therefore, I would request details of each and every Default Charge applied to the Account (i.e. if the charge was for ‘Administration’ what Administration was undertaken to support the Default Charge) along with details of any Interest Charged against each Default Charge applied.

IV. In accordance with Section 87.1 Of the Consumer Credit Act 1974 (as amended) a copy of the Default Notice from the original owners of the Alleged Debt and Certified Copies of how this was served upon me.

V. A copy of the Legal / Absolute Assignment of the Agreement, including a copy of a Duly Executed Deed of Assignment and / or Deed of Tripartite Novation; and

VI. In accordance with Section 196 of the Law of Property Act 1925, Certified Copies of how I was served with the Alleged Legal Assignment.

VII. A copy of the Alleged Notice of Assignment sent by the original creditor to the Defendant and again, in accordance with Section 196 of the Law of Property Act 1925, Certified Copies of how this was Served upon me.

Should proceedings commence against me and your client fail to provide each and every document requested, I will make an Application to the Court to Stay your Clients claim until the request is complied with and request the Court impose Sanctions against yourself and your client for failure to adhere to the provisions of the above mentioned Practice Direction.

Also please be aware, each document listed is required to provide absolute and legal proof of your client’s contention of a legal indebtedness towards them and again, should your client fail to produce said documentation and Proceedings Commence against me I will apply to the Court to Stay your Clients claim until said documentation is received.

As a part of my defence I will re-request production of each and every document under an appropriate Civil Procedure Rule, along with a request under CPR Part 39.a (3.3) for the original of every document upon which you intend to rely be brought to any subsequent hearing for examination.

Please note, where I have mentioned a document and there is in your clients possession more than one version of that same document owing to a modification, obliteration or other marking or feature, each version will be a separate document and you must provide a copy of each version of it to me. Your obligations extend to making a reasonable and proportionate search for any version(s) to include an obligation to recover and preserve such version(s) which are now in the possession of a third party.

I look forward to your response in due course.

Yours faithfully

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Re: INFO - NEW Civil Procedure Rules Pre-Action Protocols introduced OCTOBER 2017

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