Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.
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apologies for jumping straight in with a new thread but I require some pretty swift advice.
I received some paperwork in the post yesterday, it was from Northampton county court and on the top it just states claim form - My first question is, is this a CCJ?
secondly it relates to bank charges imposed by RBS some 5-6 years ago!
I do not feel I should be paying this as I used to work for RBS,when I left I closed my account, which I had only opened as you HAD to when working for them.
I then found out, some several months, maybe even a year later, that i had gone overdrawn by about £20 and because I had never received any documentation about this - I think I had moved and as I closed the account I saw no reason to notify RBS - they had added charges meaning the debt had risen to about £600!!!!!!
Whilst I think this in itself is totally ridiculous I dont want to get into a discussion here about the wrong doings of a large national bank!
I was notified about the debt - not by RBS - but by a company called Capquest who had bought the 'debt' off RBS. They had suggested I make payment but as I thought this was outrageous I never did.
Anyway, the long and the short of it is that I have now received this court papers. I have acknowledged them, advising that I intend to contest, but could I have some comments on how you thin I should play this and if you think I am likely to be backed up by the court.
I received some paperwork in the post yesterday, it was from Northampton county court and on the top it just states claim form - My first question is, is this a CCJ?
No it is a claim form. If the claim is successful then the judge will award a CCJ - it has not yet been granted. Now that you have stated that you will defend the case will be moved to your local court and you will have an additional 14 days on top of the 14 days you had to respond to enter a defence.
What are the Particulars of Claim?
If the account is made up entirely of charges then they are unlawful and you can contest any claim accordingly. They have probably filed the claim because the account is, or more likely about to become, statute barred. If it is statute barred then that will be another valid defence of the claim.
Claim form?!?!?!?
but I require some pretty swift advice.
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