Jump to content

Fars

Registered Users

Change your profile picture
  • Posts

    33
  • Joined

  • Last visited

Everything posted by Fars

  1. Thanks for the template Andy, I had a quick look for the cpr 31.14 and section 77 request templates but couldn't find anything relevant. With the cpr 31.14 I had a couple of questions: I'm assuming case number is my claim number from northampton? I don't fully understand my P.o.C but I think it only mentions the agreement. Number 1 mentioned here "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 assignment* 3 the default notice* 4 the termination notice* 5 [any other documents mentioned in the Particulars of Claim]* * delete if not mentioned in the Particulars of claim." P.o.C quoted for easy reference "The Claimant claims for sums due under a/various Credit Agreement(s) related only to money regulated by the Consumer Credit Act 1974 entered into between the Claimant and the Defendant. The agreement(s) was/were terminated upon the Defendant failure to comply with the terms of Agreement(s). The Claimant complied with Section III and IV and Annex B of the PD Pre-Action Conduct. And the Claimant Claims: Personal Loan Account number XXXXXXXX balance of 2.700 as of 2/12/11. interest under the s69 of the county court Act 1984 at the rate of 8% a year from 2/12/11 to 10/5/12 of 94 and also interest at the same rate up to the date of judgement or earlier payment at a daily rate of 0.59 AND Costs" Is there a template for the section 77 request to be found on the site? And lastly, these requests go to the claimants solicitors, and not the claimant?
  2. Ah, thanks Andy. There are telephone details for the Claimant Solicitor. After the above advice regarding requesting the agreement i'm unsure what I should do now
  3. Cheers for the advice Jogs, I'll try to find the IND threads to get a better grip on what is going on. The loan did have a PPI agreement (a worthless one that didn't cover my illness) and I am sure there are charges levied in the total they are asking for. Part of my problem is i'm so clueless as to the process. If I ask for a copy of the agreement what happens then? Do I acknowledge on MCOL to get 28 days and then dispute part of the claim using the N9B Defence and Counterclaim form? If I want to pursue the defence and counterclaim route I imagine it unwise to contact the Claimant to request a Tomlin Order?
  4. Thanks again Andy. I've no contact details for the Claimant (Welcome) as the Claim Form has no number for them. I've tried talking to the people who sent me the notification letter (IND) and they advise that I just need to return the Claim Form with my repayment proposal filled in for the court to deal with. They said they can't accept any proposals directly (Tomlin/Consent). Am I hitting a brick wall because I'm talking to the DCA who took on the debt instead of Welcome directly? Or is the DCA just fobbing me off/not wanting to deal with a Tomlin Order etc? Regards, Ryan
  5. Thanks again Andy, Litigating in person i'd be comfortable with, so long as my understanding of all the nuance relative to the case was complete. However on balance, between the hassle of travel, the stress involved and how little actually receiving a CCJ means to me and my family right now, I think it's time to just accept the CCJ and file a manageable repayment plan via moneyclaim. My time is too precious to mess around with defending. Thanks for all the help and advice, feel free to close this thread mate. Kind Regards, Ryan
  6. Thanks for the advice Andy. After spending the last couple of days reading up as much as I can on the process (and still feeling mostly clueless and a little lost) i'd like to defend. One thing I remain unsure on however, if I defend and the defence fails I presume i'd then have the opportunity to reach a payment agreement on the judgement? Please may I have some help with the defence, questioning the P.o.C, sending a CPR 31.14 and separate section 77?
  7. Hi Andy, thank you very much for the move and reply. P.o.C "The Claimant claims for sums due under a/various Credit Agreement(s) related only to money regulated by the Consumer Credit Act 1974 entered into between the Claimant and the Defendant. The agreement(s) was/were terminated upon the Defendant failure to comply with the terms of Agreement(s). The Claimant complied with Section III and IV and Annex B of the PD Pre-Action Conduct. And the Claimant Claims: Personal Loan Account number XXXXXXXX balance of 2.700 as of 2/12/11. Interest under the s69 of the County Court Act 1984 at the rate of 8% a year from 2/12/11 to 10/5/12 of 94 and also interest at the same rate up to the date of judgement or earlier payment at a daily rate of 0.59 AND Costs" Claimant Welcome Financial Services LTD The only paperwork I've received in years was a letter on the 24th April 2012 from IND, comprising two pages, the first detailing my debt and reminding me how overdue the debt is, the second boldly titled 'last letter before legal proceedings' and asking me to pay the full amount by 08/05/2012 or legal proceedings will commence. Thanks for clarifying the time line I have to work with. I can conveniently acknowledge via the moneyclaim website it seems. I'm still unsure if this is my only course of action, is it now too late to talk to welcome/ind to reach a payment agreement and avoid the county court process? Thanks again for taking a look at this.
  8. Hopefully someone can give me a little advice here please. Basically I became ill early 2006 and still am now, financially there was no opportunity to repay debts then and there still isn't now as i've been out of employment for the duration. At the time I was advised by the local CAB to offer minimum payments of £1, which I did for a few months at a time before the DCA/creditor would come back to me to renegotiate. Today a N1 from Northampton CCBC came through the door dated the 14th of May. The debt it relates to is from 12/08/2005 according to my experian credit report. Experian also shows this debt became default as of 18/11/2006. I have vague memories of my last contact regarding this debt from July 2007 when I paid a final £1 to a company called dlc (hillesden securities ltd). Since then i've heard nothing at all concerning this debt, though at the time my mother acting on my behalf with the CAB wrote to the DCA asking to continue the £1 agreement, no contact was ever received back however. So now I don't really know what to do. I know this is my debt and I understand I am responsible for my situation. I only really see this going three ways right now. 1) Call them (IND) and attempt to come to a payment agreement without it going through the CCJ process, literally offering the minimum £1 2) return the N1 with £1 payment agreement and hope the court rules in my favour 3) CCA. Is it too late to talk to the company who has put this CCJ through, IND of peterborough, for a CCA? I believe the debt isn't able to be statute barred until July 2013, as that is 6 years from my last contact with them. Any advice on how to proceed is welcome.
×
×
  • Create New...