Hi I'm a New Member

[bicyclethief2nd]

The last post he made before yours.

I would open the letter because a court is not a DCA.

I would bill the guilty party, Nationwide or KDP, and start adding up what they owe you ... I guess it will be Nationwide given how quickly resolvecall backed off before?

Ceylon said "you would not need to go to court simply put down what you have done and how they have failed to supply you with anything and have broken the estoppel"

You respond to the court telling them that you never refused to pay the debt if they could show it existed in the first place. You asked for verification etc. of the debt. You gave them an adequate length of time to respond. They did not supply the 'reasonably requested items'. You got them into a tacit agreement that they had no claim upon you and now, AFTER 30 DAYS, 'they are in an estoppel by acquiescence'. Also remember that you are your person's authorised representative so write it like that.

They have broken these agreements knowing that they would incur fees. You never know; you might end up with a tidy sum of money if they risk pursuing this matter in court.

OBVIOUSLY ALL THIS STANDS TO BE CORRECTED but that's what I'd do ... I take great encouragement by how quickly resolvecall backed off and wrote a letter with not a trace of a MR on on it because that seems to confirm that the letters have legal force.

[Repper]

I have just been thinking the same, to open letter and fill it out saying I'm defending the claim against me due to nationwide's said failure to provide the information/documents I requested in the three letters. Have just written back to the legal control department at nationwide, making them aware of their broken estoppel agreement and that nationwide now owe me £84'140.64 in total which includes late payment fee's and the rest etc etc. Many thanks for your help and with no disrespect at all intended, I would still for ceylon to confirm filling out the court claim in my defence is the correct procedure for the time being.

The last post he made before yours.

I would open the letter because a court is not a DCA.

I would bill the guilty party, Nationwide or KDP, and start adding up what they owe you ... I guess it will be Nationwide given how quickly resolvecall backed off before?

Ceylon said "you would not need to go to court simply put down what you have done and how they have failed to supply you with anything and have broken the estoppel"

You respond to the court telling them that you never refused to pay the debt if they could show it existed in the first place. You asked for verification etc. of the debt. You gave them an adequate length of time to respond. They did not supply the 'reasonably requested items'. You got them into a tacit agreement that they had no claim upon you and now, AFTER 30 DAYS, 'they are in an estoppel by acquiescence'. Also remember that you are your person's authorised representative so write it like that.

They have broken these agreements knowing that they would incur fees. You never know; you might end up with a tidy sum of money if they risk pursuing this matter in court.

OBVIOUSLY ALL THIS STANDS TO BE CORRECTED but that's what I'd do ... I take great encouragement by how quickly resolvecall backed off and wrote a letter with not a trace of a MR on on it because that seems to confirm that the letters have legal force.

[bicyclethief2nd]

Yes I would definitely check with Ceylon or another who knows more.

[Repper]

The more I think about it, it could be quite fun defending oneself by filling out the county court forms, especially with the amount Nationwide now owe against a £6'000 debt

Yes I would definitely check with Ceylon or another who knows more.

[Repper]

Ok had the guts to open the court claim form, hey ho not so bad. Obviously I'm going to defend the whole claim but I have a couple of queries,
1. Should the form be signed like we do the letters ie Joe - whatever : blogs or a normal signature and should it be in red or black ink.

2. Section two asks do you dispute this claim because you have already paid, yes or no? If yes they require details of when and where you paid. Obviously I paid with my signature when I signed, so I take it, it is a no and go onto the defence section.

3. Any ideas how to word the defence or shall I just reel off about breach of tacit and broken estoppel agreement beacuse of their failure to supply me validation of debt, signed contract binding both parties etc etc.

4. Also there's a section if you wish to counterclaim and it has My claim is for (please specify nature of claim) what is my nature? Should I put broken estoppel?

5. Lastly it asks for the reasons for making the counterclaim. What should I put ?

Sorry to ask these questions, I do feel a right dummy, but I really want to get it right. Thanks

[ceylon]

Have just received a large brown envelope this morning which is definately from a court, because in the clear box window I can see responding with the court, please address forms etc, the address is Salford Business Centre, PO Box 527, SALFORD, M5 OBY. Which if I'm correct is a county court. I haven't opened this envelope (so no idea which creditor this is from) And I didn't know whether to return to sender, putting incorporeal being, name not recognised etc etc on the envelope. Really need some advise as I've never dealt with the courts before and don't want to get myself in a pickle. Thanks

probably scare tactics but you would not need to go to court simply put down what you have done and how they have failed to supply you with anything and have broken the estoppel

its not a court
http://county-courts.co.uk/salford-county-court/

[ceylon]

as you do on the letters and i would do it in red

dont put no as you would be admitting it

i would go with the fact you asked them to prove it and said you would pay if they did but they never have so there is no dispute for the court to settle

either that or the tacit but if your working you may have to pay for the counter claim

because there twats...no wait because they have not given you one shred of evidence you owe anything

ps its not a real court its a paper pushing centre like northampton ccbc

[Repper]

Thanks Ceylon sorry to be such a pain. I think I have it sussed, but just like clarification as I don't get much time to study as much as I would like, or need.

as you do on the letters and i would do it in red

dont put no as you would be admitting it

i would go with the fact you asked them to prove it and said you would pay if they did but they never have so there is no dispute for the court to settle

either that or the tacit but if your working you may have to pay for the counter claim

because there twats...no wait because they have not given you one shred of evidence you owe anything

ps its not a real court its a paper pushing centre like northampton ccbc

[Repper]

I'm getting so fed up of this paper trail rubbish they keep sending me. Right ok, so have now received from the alledged court, paper pushing centre an Allocation Questionnaire, this is for the judge to choose the most just and cost-effective track. It says on another piece of paperwork that a fee of £220 is payable by the claiment on the filing of their allocation questionnaire, is this for me to pay ? But I assume I'm the defendant not the claiment, as I don't have £220 to send, althouth it says I may be eligible for remission of the fee, download leaflet EX 160A etc etc. But why should I pay anything if it won't end up going to court ? Or is this another one of their ways of getting to you ?

Also on another subject. I have all my credit card companies in estoppel, and of course they have sent it onto their debt collection agencies prior to the estoppel being in place. I therefore started the tacit letters with the debt collection agency and have just got them into estoppel as well, and hey here we go again, they have passed it onto another debt collector. Now I'm tired of sending letters etc etc, can I just ignore them or do I have to start the process over again ? I assume I can ignore them seeing as they have no power over me and wait for the credit card company to take further action like the above ?

Once again thank you immensely for you help

[ceylon]

you can do anything you want but they may take it to court if they can. i would check them out on here

http://companycheck.co.uk/

first to see if they are domant or not as if they are they cant do squat