Apologies if ihave pre-empted some replies - but if my next move is to submit an N1form to my local county court - can somebody help me with the calculation of costs and content of the response? Cheers

Thanks Ploddertom - I have done just as you advised, and asked for setaside and stay of execution pending setaside, based on the fact that no prior notice was received by myself prior to the HCEO appearing on my doorstep. I hve since received a reply from the court stating that my case has now been moved to my local county court. I expect to receive news of their decision to setaside or at least a stay of execution OR i guess a date of the hearing shortly - is that correct? , and how long am i expected to wait. I also copied in a letter to the County Court Manager about my concerns of the HCEO's excessive charges. They have visited again, and in my absence have threatened to add more charges should they have to visit again. In the meantime, the Enforcement Office has not replied to my letter asking them to explain their excessive charges....7 days have passed now. What's my next move?

Ok. So I have sent the n244 to the county court (didn't send a copy to the hceo). I also sent a letter to the hceo asking them to justify their add'l charges as they haven't levied any goods or I haven't signed anything (nobody was home when the noticenof seizure was posted through the tricking letter box!). This letter was also sent for the attn of the county court manager. Both correspondences were sent by registered post signed for! Am I on the right track? What happens next? And what are my rights should the hceo appear whilst my letters are being considered by the county court?

4 yrs ago, i obtained a vehicle under lease from a finance company. During this period, i was in and out of work, and fell behind in my payments regularly. When the lease agreement was coming to the end of the term, i decided to return the vehicle rather than purchase it outright, as it no longer suited my purpose (all payments were up to date and there was no outstanding amount). Within weeks, i received a final invoice from the finance company which included pictures of minor damages caused during ownership + labour charges (a total of just over 1,000 pounds). I recall being flabbergasted by the amount...and wrote to the finance company stating the following "I disagree with your invoice in the sum of £1,xxx.xx. Clause xx of the contract states that I must return the vehicle to you in good condition (other than fair wear and tear). The condition of tyres and rims on the vehicle are deemed as "fair wear and tear" bearing in the age of the vehicle of 4 years. Also the labour quoted is very unreasonable." I never got a reply....and let the matter lie. Now 4yrs or so on, i received a visit from an HCEO in my absence in the form of a hand delivered letter shoved through the mailbox …"Notice of Legal Control of Goods" and "Walking Possession Agreement"...(delivered last week) ….naturally i'm freaking out!!! The schedule is as follows: A. Amount of Judgement £1242.xx B. Judgement Costs £177.00 C. £7.75 at the rate of 8% per annum D.Costs of Execution £101.75 E. Charges of the Authorised HCEO £xxx.xx!!!!!!!!!!!!!!!!!!!!!!!!! Amount to Levy: £2,xxx.xx:mad: I have since received a second letter from their office dated 3 days after the first notice (via post) - Notice Of Seizure By HEO telling me that the amount has now increased to £2,441.50 and that if not settled that they will add a further £720 + VAT should they have to remove goods (I only saw the 2nd letter yesterday - and am extremely paranoid that any minute now that they can turn up and attempt to seize my goods, scaring the crap out of everyone – the additional fees just seem extremely excessive). I work full-time and could scrape together the original judgment fees to the creditor, but the additional amounts have got to be ludicrous. What shall i do next... (a) Contact the HCEO firm questioning the irregularity of the fees and establish what their Charges Of the Authorised High Court Enforcement Office consist of OR negotiate repayment within 12months?? (b) Contact my creditor (Finance Company) or their solicitor and agree to pay the full amount?? (I only wanted clarity on their valuation of the damage caused as i thought their costs were unfair - but they never replied, instead dragging me through the courts!) or finally. © Take Civil Action and apply for a setaside??? I am keen to get the matter resolved quite quickly without incurring further costs – one could imagine the distress that this causes people. P.S - How much time do i have between when the HEO visited and when they are likely to return?

I am in a slight predicament. My partner runs a business and it has only just come to light that the one of the electricity bills for the premises has not been paid since Feb 08 - i can imagine what you are thinking, as this is some oversight, especially since the type of business we run uses a significant amount of electricity....however, because of the configuration of the premises we are actually billed for 2 x addresses (Lower and Upper Floors). e.g Bill A - Lower Ground Floor....and Bill B - Upper Floor. It has been known in the past for Bill B not to be delivered to us, as there are flats above the premise, and it was only because this final bill was hand delivered that my wife got the horror of her life when it read that EDF estimated our bill to be £4k!!!!! We have NOT received any previous bills/notification...or any phone calls regarding the bill, and have always paid Bill A on time. Now - in our talks with EDF, they are not willing to take a part payment, and say that they are going to court on Friday to gain a warrant of execution in order to cut off the power. As if business isnt tough already - to be then hit with this!!!.....I think that EDF are being unreasonable, as we were not aware of this additional bill, which we would have paid beforehand. Even a reminder phone call would have helped, although i do acknowledge that the payment is our responsibility. Any advice would be greatly appreciated as 4k is alot of wonga for a small business to find in less than 7 days. P.S - Is there anything that i can do to halt the court action - by cutting off the electricity EDF would be denying us the opportunity to continue to raise the capital to bring our account up to date!!!! Kolo

Thanks for the replies. Not bad at all for a last minute defence at all Andyorch - i can't thank you enough. pt2537 - Educate me with regards to the pursual of costs and removal of this from my credit file. I did not realize that they could still sell on the debt (which they do not own!), and pursue me. All replies welcome... Kolo

Wow - almost 4 months later and i have recently received a Notice of Discontinuance from Phoenix, which has been forwarded to the Northampton County Court. "Take Notice, that the Claimant hereby wholly discontinues this action against the Defendant." Does this mean that we won!

What Happens if your AQ is submitted late? and where can i get guidance on what to complete within the AQ?

On MCOL my defence is showing as received on 14th Aug, and my case has now been transferred to Lambeth. I have not heard anything else from Phoenix with regards to my CPR18 and nothing further from the courts...what is the next step? Kolo

Thanks Andy, and i'll try not to put you under such duress again:D. Just seeking clarification on the section that you added to my draft ".......It is therefore averred that this claim is brought in relation to a personal loan & overdraft which is credit as defined within the Consumer Credit Act 1974, the defendant notes that the claimant is not entitled to do so and attention is drawn to The County Courts Interest on Judgment Debts Order 1991 Section 2 (3)(a) which sets out that this is the case as this claim is in relation to a debt regulated by the Consumer Credit Act 1974 The debt is in relation to a credit card - does the underline section above need to be amended? Regards kolo

My Defence The Defendant denies that he is liable to the Claimant as alleged in the Particulars of Claim, or at all. It is averred that the Claimant has failed to serve a Notice of Assignment in accordance with section 136 1, of the Law of Property Act 1925, in respect of the alleged debt. The amount detailed in the Claimant’s claim, includes penalties charges, which are unlawful at Common Law, Dunlop Pneumatic Tyre Company Ltd v New Garage and Motor Company Ltd 1915, under The Unfair Terms in Consumer Contracts Regulations 1999. Accordingly, the inclusion of penalty charges in the purported Notice of Assignment renders it entirely legally unenforceable. The Claimant has failed to comply with section 136 1 of the Law of Property Act 1925, by furnishing a Notice of Assignment in respect of that which is denied, that is inaccurate, W.F.Harrison and Co Ltd v Burke 1956. The defendant requires sight of the deed of assignment of the debt. In addition the defendant requires proof of service of the Notice of Assignment in accordance with s196 of the Law of Property Act 1925 which is required to give the claimant a legitimate right of action in their own name since it appears this is an assigned debt. the reason the defendant requests this information is inter alia to clarify the dates are correctly stated on all documents , the defendant notes that if there are errors in the assignment it may be rendered in effectual in law per W F Harrison and Co Ltd v Burke and another - 1956 2 All ER 169 The Claimant, possessing no legal right to claim monies allegedly owed, has acted unlawfully in issuing a Default Notice and registering said Notice with Credit Reference Agencies. Such conduct is a breach of the Data Protection Act 1998 and amounts to defamation. Furthermore, the Defendant avers, that the Default Notice is wholly unenforceable, given that the amount claimed regarding that which is denied, contains penalty charges, which are unlawful at Common Law, Dunlop Pneumatic Tyre Company Ltd v New Garage and Motor Company Ltd 1915, under The Unfair Contract Terms Act 1977 and The Unfair Terms in Consumer Contracts Regulations 1999. It is therefore averred that the Defendant does not know the case that has to be met and the Particulars of Claim neither disclose any cause of action with any reasonable prospect of success and/or are an abuse of the process of this Court and, in compliance with the Civil Procedure Rules can and should be struck out pursuant to part 3.4 of the same. Furthermore, the Defendant contends that the Claimant’s conduct in issuing this claim is vexatious and amounts to unlawful harassment, pursuant to section 40 of the Administration of Justice Act 1970. Regarding that which is denied, on 28/07/2008 I requested the disclosure of information pursuant to the Civil Procedure Rules, which is vital to this case from the claimant. This request was sent by recorded delivery, and the information requested amounted to copies of the Credit Agreement referred to in the particulars of claim and any default or termination notices, a transcript of all transactions, including charges, fees, interest, alleged repayments by myself and payments made by the original creditor. Also any other documents the Claimant seeks to rely on, including any default notices or termination notice, and a copy of the Notice of Assignment required to give the claimant a legitimate right of action. Accordingly, having failed to produce a credit agreement within the requisite timescale or at all, Claimants are in default of said request under section 78 6 a of The Consumer Credit Act 1974. To Date the claimant has failed to comply with my request under the CPR and I have not received any such documentation requested. As a result it has proven difficult to compose this defence without disclosure of the information requested, especially given that I am Litigant in Person. The Defendant denies that there has been any failure to make payment in accordance with the alleged contract. The Claimant has failed to produce a copy of a credit agreement in the requisite timescale or at all, and in the absence of such an agreement, which conforms to sections 60 and 61 of the Consumer Credit Act 1974, the Defendant avers that no agreement has ever existed for there to have been any failure to make said payment. It is the Defendant’s position that the Claimant’s claim is entirely spurious and without merit and should be struck out for the aforementioned reasons. ....any comments..

Yes the issue date was the 8th july - i am amending the defence posted by andorch and will post for it to be checked shortly. Thanks for your support, and let's keep the faith

Not sure what happened to my post just now..seem to have disappeared...but let's try again: date of issue = July 08 AOS filed successfully = July 28 defence is submission deadline is today, but when i spoke to court today, they said that i should be fine so long as i submit a defence asap...

The issue date was 8th July 2008, i filed AOS on 28th July 2008. This was successfully filed. My deadline for filing my defence should be 14 days after the AOS is filed - correct? I am back online with mcol - and am wanting to submit my defence tonight. Any guidance on what to include upon submission of my defence would be greatly appreciated. regards Kolo

Hi Andy Sorry i could not get back to you sooner...i have been abroad for a few weeks, and the jetlag was so severe that i am now coming to. You mentioned a draft holding defence - is there a template that i can use, or shall i just rustle up my own and fax off the defence & counterclaim part tomorrow? Regards kologna

Andy My online mcol access has been suspended for 2 hours, as i got my password incorrect...just got off the phone from the county court, and they said that i need to get my defence in ASAP, as Phoenix have requested judgement...even though the scoundrels have not responded to my CPR18. The person at the court advised me to send a fax in the Defence and Counterclaim today, stating that i have requested information regarding the outstanding balance but am still awaiting a response. ...is there any particular wording that i need to use in my defence?

Hi No further correspondence from Phoenix apart from a letter advising me that they have applied for a county court judgement to be entered against me in respect of the outstanding balance. They have not replied to my CPR18, which was sent recorded delivery. What do i do next?? Do i have to let the court know that they have not responded within the timeframe given (14days)??? |Help|

Another dumb question ----- i found the answer here : http://www.consumeractiongroup.co.uk/forum/general-debt-issues/20758-creditors-dcas-letter-templates.html CPR18 sent off today by special delivery..will keep you posted. Kolo

Hi Where can i find a letter template that would request the validity of a DCA's claim that i owe them money? (apart from the CPR18 - is there another template)? Thanks Kolo

The deadline date for submission of my AOS online fell on a weekend. Mine deadline was Sunday 27th, but i submitted it on the Monday 28th before the courts opened. Shall i run for the hills now!!! .... or will the claim be processed as normal giving me a further 14 days to defend my claim? Kolo

OK - did some more reading on the forum and AOS = Acknowledgement of Service. Should i use the claim number on mcol - or just send written cpr18 special delivery...or both? Ta Kologna

Thanks Andy In your reply, you mention: "You need to be sure that you've got your dates right in respect of when the AoS and defence needs to be filed....." Does AOS = Acknowledgement Of Service??? Within the contents of the summons, i have been provided with a claim number which i can use to log on to http://www.moneyclaim.gov.uk Is it imperative that i reply to the claim using the online option or written CPR18.....or both:confused: ???? Kolo

Thanks Paul It is a LTSB credit card. The date of the summons is 08/07/2008. Particulars of claim are: "The Claimants Claim is for the balance due under an agreement which is now all due and payable. The defendant agreed to pay monthly installments under number xxxxxxxxxxxxxxxxxx but has failed to do so. And the claimant claims the sum of £xxxx.xx The claimant also claims interest thereon pursuant to S.69 County court act 1984 limited to one year of the date hereof at the rate of 8% per annum amounting to £xxx.xx" Paul - i am not sure whether the credit card number is accurate. Hope the above helps you - look forward to your reply.

My gosh!!!!!! - i received the shock of my life this week, when I recieved a claim form from the Northampton (CCBC) on behalf of Phoenix Recoveries (UK) Ltd. The debt in question relates to a credit card that i had about 4yrs ago, but i never had a payment plan in place with Phoenix or any debt collection agency. In fact, i wrote to the credit card company last year disputing the amount owed as i believed alot of the debt consisted of unfair credit card charges (sending a SAR and LBA, as advised by members on this forum). I guess to my only regret, is that i never followed up the SAR or LBA's to the bank and subsequently did not get a reply....and now this! What are my options regarding this amount claimed in the courts by Phoenix - i have not received any phone calls from them to remind me that the debt was being recovered by themselves. I'm really worried about bailiffs turning up at my home....and i'd really like to fight them tooth and nail for the amount they are asking me to pay - as i have read some horrible stories about them, and how they go about collecting their accounts. Please help as best as you can - they have not given me much time to reply to their request. H E L P !!!!

Hi Now that the OFT has come back with some decisions on bank charges...where does this leave my claim? I have so far sent a SAR, 2 x LBA's, and was all set to file with HMCO before the whole test case thing placed us all on PAUSE!!!!!!!!!! What are the next steps - shall i now resume my claim in the courts??