hiya

should i just go ahead and acknowledge the claim to defend it and thus send my cpr letter? will search for an appropriate cpr letter now be back soon

found this on a thread -

The timescales are..

Date of issue (found on claim form, top right hand corner) ((18.6.12)) + 5 days for receipt + 14 days to acknowledge receipt + 14 days to submit defence if you are intending to.

so plus 5 days is 23.6.12 then plus 14 days is 7.7.12 is tis correct so do i have at least til then??

hi all

here we go again ((no paperwork or documents enclosed ))

Claim from northampton, dated 18 june so do i have the 5 days of service til 22.6.12 if so then my 14 days to file an acknowledgement i take as 6.7.12?

The Claimants claim is for the sum of £1xxx.xx plus court fee and sols costs,

Particulars of claim

monies due under regulated credit agreement xxxxxxxxxx between barclays partner finance and the defendant the benefit which was assigned on xx/xx/11

the agreement terminated upond the defendant failure to comply with the terms of the agreement

the claimant seeks interest persuant to the section 69 of the county court act 84 at the rate of 8% per annum from the date of the issue continuing at the daily rate of 0.28 any payments or queries should be directed to claimant on tel and fax or email acc.

********

right i guess i first do my acknowledgment of claim asap

then do i do the cpr letter i believe i have to request credit agreement, default notice, assignment letter, termination notice - anything else??

what do you guys advise please?

i will try and hunt down what paperwork i may have this evening but for the time being im concerned for the acknowledgment and the cpr letter with appropriate wording in my request to them please

anything else?

i will look in after 6 pm huge thanks for looking in cheers angel x:-)

hiya cena

just come on to do exactly what you have done albeit mine is for a DIFF creditor however, ive subbed to your thread and if you wish to follow mine at the same time may be of help to you too, but looks like im going to end up doing what you have done already too, the guys and gals are fab here im sure we shall be sorted out and so dont worry just learn everything that others throw at you and take the guidance given

good luck and i will keep up with your thread to learn and offer support where i can

take care angel x

just come across this sticky as i was looking at starting my thread hope it helps if you havent yet seen it,

http://www.consumeractiongroup.co.uk/forum/showthread.php?356814-The-Process-of-Litigation-Court-Claims

thank you understood cheers angel x

hiya all

im just checking in but will be back online this afternoon, been mulling over it and i will await on your further good advice on this matter cheers angel x

hiya all, im hoping ive done it right i can defo see what ive typed up on post 138 by clicking on the hsbc then it opens up for me, not sure if the same for you?

ill wait for any replys now cheers angel x

hi ya slick

if you click on the HSBC on post 138 and open it up i can see my document but i cant on my previous post can you now?

hiya ive noticed you had a look at my battle with this creditor ive added your thread so i can relook and re read better as im waiting on a reply on my thread but looks like you offered also and was rejected too,

so i hope i can learn something from you now too for future battles thanks angel x

good luck have you any further updates since you last updated here? thanks

HSBC 1 030512.pdfhi not sure what ive done as i cant see the info ive sent on a pdf attachement,

cheers angel x

seems to be working on this post,,, ?

[ATTACH=CONFIG]35143[/ATTACH][ATTACH=CONFIG]35143[/ATTACH][ATTACH=CONFIG]35143[/ATTACH][ATTACH=CONFIG]35142[/ATTACH]

hiya andy

sorry scanner not working and treid to download some kind of fix update but still struggling, im going to type up on a word document then try and attach it that way, it might have been quicker as im a fast typist, lol

BLIMEY,,im even amazed myself ive got to change it to pdf too, lol will now type up the next more important bits, brb IM GOING to just put it all on one document, so give me a while cheers,

Done it should all be on the above attachement now cheers angel x

my initial thoughts

1. first reveiw is in 6 months time and not 12.

2 they have given the full amount and only decreased it by a 3rd, so would end up paying 2/3rds which well, that may a bit better than claiming back any card late payment charges if i could anyway, but still a lot more that i can pay at this rate it looks like nearly 20 years!!!!

3. if i default even by one day on a payment or reveiw they go for the judgment.

4. they have failed to send me the info on my cpr request and took years to get back to me and now i feel its all on their turf so to speak.

5, do i take a chance in court and if i lose i end up with more payments but maybe a lower monthly amount anyway or they may then go for a charging order ?

6. have emailed slick with correct amounts if that helps

cheers i look forward to your wise words as ever but of course my instinct is listen to the best course of action and what choices i do have really.

angel x

hiya andy and slick and all

have had a rejection to my offer, also have had a letter from the inland revenue my child tax credit no longer being paid so that reduces my income now to what my offer was, drat!

can i just reply to them advising that im taking further legal advice and get back to them within the next 7 days or something as only got the letter 2 days ago and again pressuring me with a reply within seven days of theirs being sent.

i will go and find the letter to update more of what it says brb

cheers angel x

hiya slick

dont worry feeling sharp and they wont get anymore even if they did persue me to court, the earnings are just not there, so will hang around for a reply now will keep u all updated dont worry, cheers angel x

Thanks Andy, will do for sure so others can be helped too,

cheers angel x

okay andy understood the way forward now

i will offer my offer which will be in line with my income and expenses and include the 4 points too, and then see what they come back with - if its not acceptable to them im happy to go to court on this one and as im already paying a ccj on another creditor with a low amount monthly i cannot see what the diff another ccj and low amount offer will make to my circumstances, after the illness of past few years im taking all this in my stride and ensuring im not going to become ill again over debts.

thanks for all your help again much appreciated

angel x

hiya andy

brilliant,,, thanks so today i need to send my income and expenses which would them show them my affordibility amount im offering them.

Do i also put into my responce that im also wanting the following inserted in the tomlin order before i sign it

1. 12mth review.

2. No s69 interest because if the agreement does not alow it thn then neither would the court award it.

3. My Defence is not to be withdrawn and stands.

4. In the event of any review not being agreeable or a default in monthly payment then both parties have recourse to approach the Court before any judgment is made final.

i then can work with this but it will also show that if they persued me in court i would still show the court my income and expenses and would only end up paying that anyway if i lost but i still have not had the copy of the cca that is enforceable.

Could i also put in my letter that if this is not satisfactory to them that i ask again for the copy of the Consumer Credit Agreement that I have signed to which they have still failed to supply to me even after my CPRu reqest. I have relooked at what they did send and it was an application form only and also i got a default letter but never anything else, so hence my low offer to them.

your last thoughts please

hiya andy

thank you for the info,

the amount has been rounded to a figure over 5k and the monthly amount i cannot afford they had sent me a income and expenditure form but wanted my partners income and expenses too, but i didnt send that back to them to see what the offer was

i agree at least 12 monthly and yes the interest if i default suggests to me that they can charge this on the outstanding amount yet if i went to court i could argue against that couldnt i> ?

also i want only to give my income and expenditure details as this is a sole debt and not joint and a credit card debt

so do i today send them a letter informing them that i will post them my income and expenditure form and that i dont agree with the 6 monthly review and also regarding the interest

so for example i say offer them 10 % of what i owe which my i/e would properly support to be able to pay them over say a couple of years could i try that as my responce?

also your last sentence so if i did fail to make a payment i need to have that sentence also put into the tomlin order?

i await your reply cheers angel x,

hi andy,,, ive scanned the 3 pages on post 119 but having seen your last post i will use that as my future guide thanks ,,,ive now realised ive deleted the dates and figures do you need them still ? will put them in this post if you wish

cheers angel x

thats why im struggling in my drop down menu i cant see a pdf only stuff like jpeg,,,but i think ive saved in in pictures and i cant save it as a document , will keep trying

think i have cracked it ,,be back soon ive changed it on my scanner settings to what you said, cheers

got one more page and i will delete the one thats really small too, so should only show the 3 pages in total thanks for your patience i will have to take time out to learn this properly for future thanks

trying to scan retrying again

okay andy i will delete any private info and amounts for privacy and will try and scan here for you im not that good at scanning hope i can do it, as dd helps me and she is at college, bear with me cheers angel x

hello andy and all

have received info but post very late delivering it as they only sent it normal post not recorded or anything and now they want an answer within 7 days but its unclear if they mean by the date on the letter then im already late as i didnt get the envelope til yesterday - am i to scan the whole documents here on my thread or should i just email them to you so its private not sure how to do it now cheers angel x

also now re reading it again i find that its quite more in their favour with costs beared by each party, and have done it on the whole amount over 5k

i only sent a letter saying i would consider it, but i am unable to pay the amount they want monthly my budget would not allow it unfortunately, also i read on other threads

about reclaiming late payments etc to reduce the amount, how and when is this then done?

Should i just write a short note to them explaining of the late arrival and that i am considering it and will reply back by next week a date we are happy with and then we can look into all the options - im worried if i dont reply they will just go ahead and apply to the court to strike out my defence and go for judgement

what do you guys reckon now please

cheers angel x

hiya andy many thanks for your quick reply will do and then i will let you know the responce i get back and then i guess we can work out the best way forward from their reply

again much appreciation for your continued support together with others on this thread of mine

cheers angel x

hiya slick in reply to your latest responce - yes i now understand that i have to maintain the payments which i agree,,, but for the time being do i just respond to agree to their request for a tomlin order negotiation and let them know im willing to look at a tomlin order to get this sorted, but when do i make my offer of what im willing to pay and maintain,

do i wait for them to send the drafted tomlin order? which they could state the full amount or

do i then respond to what they have drafted up and put my offer on the table so to speak and is it then until we both agree to the amount is then the tomlin order drafted for both of us to sign, i think thats what andy was saying that he would first like to look at the drafted tomlin order to make sure im protected,,,thanks andy, i hope ive understood you both

if i need to just reply back to their letter to say yes i am willing to negotiate with them for a speedy resolution and agree that a tomlin order can be drafted, because of course if i dont reply then they have said they will try to get my defense struck out and they will go for judgement

i wil look in again later today cheers angel x

hello slick

yes not had anything else from them since the original info they sent , so not sure now what i need to do is it me that responds to them to say im willing to enter into negotiations? or do i state what i would like to offer as a full and final settlement, and then my questions are what if they refuse my offer? what if they will only state an amount i cannot meet? what does it then go to trial or am i ahead of myself now?

Does all this then done in writing from me to them?

am going to read around the site for other tomlin orders threads and see and ive read the gforce2k one and wow they got away with 10% on a 12k debt,,,, that i can meet on too as mine is half that amount,,,,

so hope to catch up later see ya laters angel x

hiya thank you

well ive managed to get back here at my desk, and im going to fully read your thread now, i hope i can understand then what i have to do, my debt is just over 6000 so if i could get 10% as a full and final i will go and borrow that amount just to get this off my mind its driving me mental anyway let me read your thread and i shall be back i guess if i have any questions,

have a fun eve laters angel x