Thread: Urgent Help PLEASE....in court tomorrow!!!!

Hi all....hope some of you can help me urgently with this one please.

A&L have issued a court claim against me via their pet solicitors, Shoosmiths.

They have twice refused my offer of small monthly payments against a debt which l cannot pay in full and they have passed my details to a DCA (Global) while l was in the process of negotiating with them.

I did a CCA request and they sent an agreement, duly signed; however, l noticed it contained unlawful charges and sent preliminary letter requesting a refund.

Before l could send an lba, their response was to issue a court claim via Shoosmiths, with no further correspondence.

I have written to Shoosmiths informing them of my refund request letter and advising l intend to counter-claim for the unlawful charges and that, if this goes to court, l will be requesting full disclosure on structure of their charges from the judge. I thought this would worry them, but no response as yet.

I have to submit my initial response to court this week and am NOW A BIT LOST as to what l should do next?????????????

URGENT advice greatly appreciated please.

Also - court claim is in NORTHAMPTON county court. I know they all originat there, but can l get this transferred to my local court?

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Have received a court claim from A&L and really need some urgent help pls!

Have posted details and my questions in ALLIANCE & LEICESTER section, but have added this here as there seem to be more people looking at the GENERAL section.

All advice greatly appreciated. Need to deal with this URGENTLY.

Many thanks in advance...........Valdez

Acknowledge their claim, and state that you intend to defend either all or part of it. make it clear that you have offered to pay what you can afford, and draw attention to the unlawful charges.make sure everything is inwriting, and if using post, send recorded.Also, calculate the value of the counterclaim, and be sure youcan back it up. I cant comment on the value of your repayment offer in ratio to the debt, but generally speaking most courts will take a sympathetic view, if it can be shown that you are being genuine. Also, by entering a defence, the hearing should be automatically transferred to your nearest county court. I'd also be inclined to check whether in their approach the bank could be guilty of harassment.Whilst they are entitled to ask back for money that is lawfully owed to them, they still ought to observe common sense....good luck.

Unholy....many thanks, will chew over yr advice.

GuidoT...don't want to disclose actual figures. The unlawful charges are a small part of the debt - BUT they are still there to be reclaimed and l don't mind if my day in court forces disclosure on how they calculate charges. I thought they would be worried about proceeding with the threat of disclosure, but now am uncertain. Maybe the judge will grant my request.

I don't mind admitting l am in deep doo-doo with several creditors, having been ill, wife (a pensioner) having been ill and me being unemployed for most of 2006. Now back in work but, as an oldie, had to take a job paying much less than l used to earn. I have made offers (twice) to pay A&L a small affordable monthly amount until my circumstances improve. They have rejected these offers outright. Their silence is what worries me.

Thanks to all and any further advice appreciated.

P.S. Matthew - it took me a long time to get into this position - much correspondence and a CCA request, so don't worry too much. Do a CCA request now if you have unlawful charges on yr account and ensure they can provide a copy of the properly executed agreement asap.

Suerte a todos.............Valdez

Oh...one other thing, ironic really, a few months ago - after l had written explaining my circumstances - A&L sent me a letter headed 'Get Your Money for Less', which invited me to apply for a personal loan!!!!!!

I will also be mentioning this in court!

Originally Posted by Valdez is Coming

Do a CCA request now if you have unlawful charges on yr account and ensure they can provide a copy of the properly executed agreement asap.

A CCA is where you request all bank statements for 6 years right?

I was of the understanding I dont need to do this as I know all my charges I am claiming and they are recent.

Please can you explain the 'executed agreement'

thanks, matthew

Hi Priority One....NO l have not paid Global a penny, but l will certainly note the info you have provided. Thanks.

Matthew, a CCA request is totally separate from an SAR request. As you have all yr statements you probably don't need to do a SAR request.

CCA request requires the creditor to provide you with a signed copy of the properly executed agreement. This must be signed by both you and the creditor. You have to send a £1.00 PO or cheque for this service and the creditor has to respond positively within a certain timescale or they go into default on the debt. Pls look for threads re CCA REQUESTS. There are many on the forum and they will expalin things better than l can. Also pls start yr own thread if you are going to do this. You might also find a template CCA request letter in letter templates section. Regards.....Valdez

Need some URGENT help here please.

Have today completed 'Acknowledgment of Service' form and ticked box
'I intend to defend part of this claim'

Do l now have 28 days from dated of service to enter my defence?

When do l ask for transfer to my local court?

I am very disappointed at the lack of response to this thread.

Part of my defence will be a request for the judge to order full detailed disclosure of A&L's penalty charging regime. I will almost certainly have to go to court (l will attend - hopefully Haywards Heath county court) and this could be our long-sought chance to blow this unlawful regime wide open. Pls support me!

Mods, anyone, pls show a little interest here and help me. I must admit l find the counter claim options very confusing and have been unable to find details of fees on the moneyclaim site.

I really need some help - so pls respond soonest.

Thanks..................V aldez

Hi All...need some urgent help pls as l am totally confused!

A&L made a court claim against me recently. I responded acknowledging part of the claim but making a counter-claim for unlawful charges.

I have received aq forms, but these seem designed for me to state particulars of my claim against A&L.

Can l enter details of my defence and request for a payments schedule in connection with my debt to A&L on same AQ forms? If so, how?

Reply has to be with the court this week and l really don't know how to proceed.

Anyhelp gratefully received.......regards to all

What are the charges they are bringing against you?

When is the aq due to be handed in?

Mochamoo...hi...A&L took out a court claim against me for non-payment of a loan. I have gone thru CCA and SAR and have tried to negotiate payments with them as my circumstances have changed since the loan was taken out and l am not now in a position to meet full payments or pay off the loan.

They have rejected my various offers and, instead of negotiating, instructed their pet solicitors Shoosmiths to commence proceedings. I have advised them account was in dispute, but they have not responded since serving their claim.

I counter-claimed for unlawful charges on my account. Their claim was initiated shortly after my preliminary letter requesting charges refund, with no communication.

I have to submit aq forms TOMORROW. I am ok with details of MY counter claim, but l don't now how or where to enter my response to their claim, in which l need to explain my circumstances and ask the judge to order low monthly payments until my situation improves.

Any advice you can offer tonight would be much appreciated.
Thanks and regards..........Valdez

hmmm, i can help with your aq but not the other bit, let me try and rally the troops see if anyone has any ideas ...brb

Hi,
I am new to all this, have been reading some of the threads, have you been to see anyone at your citazens advice. Up here in Scotland the have a Money Matters Service that can be accessed through local councils, they can negociate on your behalf and can have a bit more presence. I don't know if that will help you any

Valdez - you should have entered your case in your counterclaim ? What did you put in that part of the forms ?

You can use Other Information section to state your case for monthly paments - the financial statement on the original court forms - did you complete that along with your admission of the part you agreed with ?