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Old 19th May 2007, 12:31   #1 (permalink)
JOSH_IOU
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Default Urgent help needed NOTICE OF SUMMONS RECIVED.

I have received a notice of summons from a course long distance course i was on.

However I have received no previous instruction from them instructing me they are going to take court action.

They state they can register a county court claim against the house i live in.

However this is not my house. It is a Council house and my dad is the tenant not myself can they do this?
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Old 19th May 2007, 12:38   #2 (permalink)
gizmo111
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Default Re: Urgent help needed NOTICE OF SUMMONS RECIVED.

Yes they can register a CCj - but not against the house like a charging order, against your name and it will follow you for the next 6 years when you move. CCJ's are not really anything ot worry about.
Can you give us some more details of the debt so we can see if there is an alternative solution?
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Old 19th May 2007, 12:42   #3 (permalink)
JOSH_IOU
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Default Re: Urgent help needed NOTICE OF SUMMONS RECIVED.

It is in relation to this company Writers Bureau College of Journalism – Freelance Journalism home-study course.

If i can remember rightly there were charges added to the costs they claim the course cost.
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Old 19th May 2007, 12:50   #4 (permalink)
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Default Re: Urgent help needed NOTICE OF SUMMONS RECIVED.

Do you owe money to them and if so how much.

HAve you sent them a Subject Access Request?
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Old 19th May 2007, 12:53   #5 (permalink)
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Default Re: Urgent help needed NOTICE OF SUMMONS RECIVED.

No not yet but they say they are going to start the process within 3 days of the letter. The letter is dated the 16th of May and i received it today.

They want £327.96
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Old 19th May 2007, 12:54   #6 (permalink)
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Default Re: Urgent help needed NOTICE OF SUMMONS RECIVED.

Send the Subject Access Request and a CCA request and wait and see.
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Old 19th May 2007, 12:54   #7 (permalink)
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Default Re: Urgent help needed NOTICE OF SUMMONS RECIVED.

Oh my dad opened the letter because it was addressed to my surname and did not have my first name on
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Old 19th May 2007, 13:12   #8 (permalink)
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Default Re: Urgent help needed NOTICE OF SUMMONS RECIVED.

It maybe an idea to pay this if you can straight away. This will save having a CCJ on your credit file for 6 years. Then send an S.A.R and CCA request asking for your paperwork in full. See if there are charges there to claim back.

This is damage limitation until you get the account into dispute where they can't do anything, until the dispute with the account has been settled.

uk
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Old 19th May 2007, 13:16   #9 (permalink)
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Default Re: Urgent help needed NOTICE OF SUMMONS RECIVED.

I cant pay it. The banks have taken all my money.

whats damaged limitation?

(I REALLY appreciate this)
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Old 19th May 2007, 13:28   #10 (permalink)
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Default Re: Urgent help needed NOTICE OF SUMMONS RECIVED.

oh the loan was for the course work
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Old 19th May 2007, 14:24   #11 (permalink)
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Default Re: Urgent help needed NOTICE OF SUMMONS RECIVED.

what do you think of this?

I write to you in response to your letter dated 16th May.


You claim I owe the sum of £327.96 to your company.


Can you please provide a complete break down of these costs.


I will not enter into any agreement with Thomas Higgans & co.


If you do not This sum will be disputed
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Old 19th May 2007, 14:34   #12 (permalink)
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Default Re: Urgent help needed NOTICE OF SUMMONS RECIVED.

Hi everyone!

This is my first post on here as i usually go to the MSE website chat forum but i thought i would try here now as no-one on there seems to be able to answer my questions. (forgive me if i'm not posting this in the right thread as i cant find a suitable one)
I have followed Martin Lewis's step by step precedure to reclaim bank charges with Abbey which total up to approx £2k.
It is from a account i no longer use but it isnt technically closed down yet as i still owe an overdraft of £316.
I am at the stage now where i am waiting for a court date from my local court and it seems to be taking a while. My court told me my case has been passed onto the judge on the 2nd May and that all i have to do now is wait for a date!
what has worried me is that i have received a letter from Debt Collection Agency (the second one Abbey have referred my debt to!) and i have informed them by telephone that i wont be paying off the debt until the court case is resolved. Although they have continued to send me a letter threatening court action for this £316 themselves and i have 7 days to pay up, they have completely ignored my phonecall!

i dont know what to do now, do i have to continue to make payments of the debt i owe (Abbey owe a lot more to me than i owe to them!) or have i every right to say what i have said to them?

Does anyone out there have any advice? I dont want bailiffs knocking on my door, and i dont want to incurr any court costs!

Please help!!

Many thanks in advance!

P.S. Can anyone tell me where on here i can look to get help on how to get my court bundle prepared too? I dont want to lose on a technicality!
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Old 20th May 2007, 12:13   #13 (permalink)
JOSH_IOU
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Default Re: Urgent help needed NOTICE OF SUMMONS RECIVED.

you need to work out would you be in overdraft if the bank did not charge you?
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Old 20th May 2007, 12:26   #14 (permalink)
Brickie103
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Default Re: Urgent help needed NOTICE OF SUMMONS RECIVED.

No definitely not! put it this way, i originally owed £436.60 overdraft, they made an offer of £120 which i took as a partial payment, and i'm claiming for approx £2.5k!
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Old 20th May 2007, 23:08   #15 (permalink)
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Default Re: Urgent help needed NOTICE OF SUMMONS RECIVED.

Quote:
Originally Posted by Brickie103 View Post
Hi everyone!

This is my first post on here as i usually go to the MSE website chat forum but i thought i would try here now as no-one on there seems to be able to answer my questions. (forgive me if i'm not posting this in the right thread as i cant find a suitable one)
We work completly different to MSe in that each person has their own thread in the relevant forum, and keeps it updated and we offer advice to the posters unique situation. Stops it all getting long and confused.

Quote:
I have followed Martin Lewis's step by step precedure to reclaim bank charges with Abbey which total up to approx £2k.
It is from a account i no longer use but it isnt technically closed down yet as i still owe an overdraft of £316.
I am at the stage now where i am waiting for a court date from my local court and it seems to be taking a while. My court told me my case has been passed onto the judge on the 2nd May and that all i have to do now is wait for a date!
I would chase the court up and see if a date has been set yet- courts are really busy at the moment. Which one is it?

Quote:
what has worried me is that i have received a letter from Debt Collection Agency (the second one Abbey have referred my debt to!) and i have informed them by telephone that i wont be paying off the debt until the court case is resolved. Although they have continued to send me a letter threatening court action for this £316 themselves and i have 7 days to pay up, they have completely ignored my phonecall!

i dont know what to do now, do i have to continue to make payments of the debt i owe (Abbey owe a lot more to me than i owe to them!) or have i every right to say what i have said to them?
No need to pay - you owe Abbey nothing they owe you the money. You are quite right in what you are saying. I would write a short note to the DCA explaining your situation. If they do take court action then don't worry, you will just counterclaim for the whole amount they owe you.

Quote:
Does anyone out there have any advice? I dont want bailiffs knocking on my door, and i dont want to incurr any court costs!

Please help!!

Many thanks in advance!
Baliffs cannot come to you until you have defaulted on a CCJ, which you are a long way from. Don't worry, however much the DCA threaten you. Don't talk to them on the phone, keep everything in writing for your records. You wil lfind lots of similar situations in the debt forum here

Quote:
P.S. Can anyone tell me where on here i can look to get help on how to get my court bundle prepared too? I dont want to lose on a technicality
Information on the basic court bundle here , but don't worry about that too much until you get your hearing date and directions from the court.

Hope this helps. Could you please start a thread of your own re the abbey charges in here.

Hope this helps.
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