Thread: URGENT HELP NEEDED - Halifax CC Claim received

HELP !
I have just received a Claim Form from Halifax, dated 6/11 and I need to reply to it.

I have had my head in the sand a bit this year and whilst I have been meaning to ask advice on this site about if my Halifax CCA is enforceable and can fight the debt (to a degree), somehow the days turned into weeks and then months and I did nothing. Now I am forced to do it. And I would really, really appreciate some help in:
a) how to complete my reply to the Claim Form
b) how to question if my CCA is unenforceable

Basically I need some help. Do I file an admission, admission and defence or just a defence ? I have had no correspondence with them (BOS) since the start of the year when I said my circumstances had changed and I said I could only afford small amount/month, which I did til July. I stopped even paying this amount in August.
As they have now sent a claim form, can I still ask them to prove this card debt is enforceable.

They have said the start date of my CCA is Jan 2002, I need to check this as I have only found papers going back to 2004.

PLEASE HELP. Am feeling very over-whelmed by this now.:cry:

HI,
Am hoping that someone is going to pick up on my thread and advise...
Now Halifax has sent out the legal Claim papers to me, I just need to know if I can now start asking for copies of CCA ???? Or have I left it too late ?
I think Jan 02 card was issued to me. From what I have read, I understand that most Agreements around this date are unenforceable.
Anyone any good advice.
I need to fight this.

Originally Posted by HP Mum

HI,
Am hoping that someone is going to pick up on my thread and advise...
Now Halifax has sent out the legal Claim papers to me, I just need to know if I can now start asking for copies of CCA ???? Or have I left it too late ?
I think Jan 02 card was issued to me. From what I have read, I understand that most Agreements around this date are unenforceable.
Anyone any good advice.
I need to fight this.

Unfortunately, it is not clear what your exact situation is, therefore it is difficult to post advice. Could you explain exactly what is your situation regarding Halifax? What happened? It is not clear.
Post some details quickly.

you have 14 days to acknowledge the claim so we will use that

you have till the 20/11 to do this so no panic

is it mcol so you can do it on the internet

a password will be on the claim form

answer those questions then we will move up a gear

can you post the pertic of claim

going to your thread now toymaker

Originally Posted by HP Mum

HI,
Am hoping that someone is going to pick up on my thread and advise...
Now Halifax has sent out the legal Claim papers to me, I just need to know if I can now start asking for copies of CCA ???? Or have I left it too late ?
I think Jan 02 card was issued to me. From what I have read, I understand that most Agreements around this date are unenforceable.
Anyone any good advice.
I need to fight this.

If you want to fight this, you need to urgently post more information about exactly what happened between you and Halifax. No one can make any useful suggestions unless they know what your exact situation is.

Halifax have made a claim against me, dated 6 Nov.
I opened a credit card account with them many years ago. I have found statements dating back to Jan 2004; Halifax say the account was opened in Jan 2002.

I have not used the card since June 2005, just been paying interest and charges ever since. Never really making headway to clear the balance due to their high interest and charges

I received several £25 charges for late payment or going over the limit until Sept 06, when they reduced any charges to £12.

At end 07 finances became very tight and I was unable to continue making regular high payments.

In Jan 08 I was £350 below my credit limit (which H had constantly increased over the years without referral to me). By Oct 08 H added charges and interest of £1500, pushing me obviously well over my limit.

In Oct 08 I wrote a detailed letter to Halifax (BOS) explaining my circumstances, giving a financial statement and offering a token amount monthly. I disputed the balance.

I continued making token payments monthly until Aug 09, when again I stopped. I have paid nothing since. BOS and H sent threatening letters. I meant to deal with them; send them template letters from here asking for the original copy of the CCA to see if they could enforce this debt anyway but was so busy in the last 3 months that I kept putting it off. Now H has sent legal papers and I obviously have to deal with it.

Obviously I have to acknowledge the claim. But the question is: Can I now reply in these docs that I am requesting all the necessary info from H to see if they can enforce this debt ?
Is this a SAR ?
I am a little at sea over this and do not want charging orders or a Judgment against me for this.
Please help.
Thank you.

who started the claim

was it the bank or a solicitor

The form they have sent is a N1CPC form.
It does allow me to respond online.
But I do not know how to respond. ie: can I now start my action against them in my response to see if this card debt is enforceable anyway ??

The Claimant is Bank of Scotland. Docs need to be sent to a Coll & Recoveries address. Court is Bulk Centre in Northants.

Originally Posted by HP Mum

The Claimant is Bank of Scotland. Docs need to be sent to a Coll & Recoveries address. Court is Bulk Centre in Northants.

There is a box on the claim form called "Particulars of Claim"
Can you post exactly what it says?
That would be helpful to anyone trying to advise you.

ok

send this by recorded/special delievery to Bank of Scotland recoveries

please confirm no solicitor is dealing with this from bank of scotland
does the claim for have a password on it as its from northampton

Dear Sir,

Re: (Claimant's name) v (Your name) Case No:
CPR 31.14 Request

On (date) I received the Claim Form in this case issued by you out of the (Name) county court.

I confirm having returned my acknowledgement of service to the court in which I indicate my intention to contest all of your claim.

[Prior to the issue of proceedings I had delivered a request for the production of the agreement mentioned in the Claim Form and on which you rely. That request was ignored][delete if no such request was delivered]

Please treat this letter as my request made under CPR 31.14 for the disclosure and the production of a verified and legible copy of [each of the following / the] document(s) mentioned in your Particulars of Claim:

1 the agreement. You will appreciate that in an ordinary case and by reason of the provisions of CPR PD 16 para 7.3, where a claim is based upon a written agreement, a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the original(s) should be available at the hearing. Further, that any general conditions incorporated in the contract should also be attached.

2 the default notice*

3 the termination notice*

* delete if not mentioned in the Particulars of claim.

[Although your claim is for a sum which is not more than £5,000.00 and will in all likelihood be allocated to the small claims track for determination upon my delivering a defence, at this moment in time I have not delivered my defence and the case has not been allocated to a track. In consequence the provisions of CPR 27(2) are of no effect and you should not seek to avoid compliance with your CPR 31 duties by claiming otherwise]#

# delete if claim for a sum exceeding £5,000.00

You should ensure compliance with your CPR 31 duties and ensure that the document(s) I have requested are copied to and received by me within 7 days of receiving this letter. Your CPR 31 duties extend to making a reasonable and proportionate search for the originals of the documents I have requested, the better for you to be able to verify the document's authenticity and to provide me with a legible copy. Further, where I have requested a copy of a document, the original of which is now in the possession of another person, you will have a right to possession of that document if you have mentioned it in your case. You must take immediate steps to recover and preserve it for the purpose of this case.

Where I have mentioned a document and there is in your 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.

In accordance with CPR 31.15(c) I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.

If you require more time in which to comply with this request you must tell me in writing. You must tell me before the time for compliance with this request has expired. In telling me you require more time you must tell me what steps you have taken and propose to take in order to comply with this request and also state a date by when you will comply with this request. In addition your statement must be accompanied with a statement that you agree to an extension of the time for me to file my defence. Your extension of time must be not less than 14 days from the date when you say you will have complied with my request and you must state the new date for filing my defence.

If you are unable to comply with this request and believe that you will never be able to comply with this request you must tell me in writing.

Please note that if you should fail to comply with this request, fail to request more time or fail to agree to an extension of time for the filing of my defence, I will make an application to the court for an order that the proceedings be struck out or stayed for non-compliance and a summary costs order.

I do hope this will not be necessary and look forward to hearing from you.

yours faithfully

"The Claimant's claim is for £x presently due pursuant to a credit agreement entered into by the parties, full particulars of which have been supplied hitherto.
By an agreement dated xx/01/02 the Defendant has an account number xxxxxxxxxxx with the claimant. The Defendant has failed or delayed to adhere to the terms of the Default Notice issued by the Claimant under the terms of the CCA 1974. The balance due as at 0// on said account is £x "

The balance is for more than £5000

just the usual

when you acknowledge service on line with the password.

YOU ARE DEFENDING ALL THE CLAIM

I can not see any solicitors name on the Claim Form.
There is a password on the front page.
They have not provided the default notice with the claim. Nor the original agreement.
What is a CPR 31 ?

I have to feed my kids. Will be back here in an hour or so !!

Just Send The Cpr Request To Recoveries By Recorded Delievery

If They Dont Suply The Info Requested, You Can Do A Holding Defence

Most Default Notice Are Crap So As Soon As You Get The Info, Let Me Know

Originally Posted by HP Mum

I can not see any solicitors name on the Claim Form.
There is a password on the front page.
They have not provided the default notice with the claim. Nor the original agreement.
What is a CPR 31 ?

Log into the online court service. You will be asked to enter the Claim Number and the password.
Once you have logged in, the simplest thing to do might be to go to the "Defence and Counterclaim" section.
Dispute the full amount, for the following reason, which you enter into box 3 "Defence".

I dispute the full amount claimed by the claimant and I do not recognise the Claimant's Claim in any way for the following reasons.
The Claimant states that the claim relates to a credit agreement entered into by the parties, but no copy of the contract or documents alleged to constitute the agreement has been attached or served with the particulars of claim, therefore I have no knowledge of the agreement mentioned by the claimant in the particulars of claim. This is in breach of the requirements of Practice Direction 16 section 7.3. "Where a claim is based upon a written agreement a copy of the contract or documents constituting the agreement should be attached or served with the particulars of claim".

Additionally, by not attaching or serving a copy of the alleged agreement the claimant has failed to provide me with sufficient information to deal with the claim. This is in breach of Practice Direction - Protocols section 3.1(a) "not having provided sufficient information to the defendant".




At least that gives you something to work on.