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  1. Hi , Wonder if anybody can help with the following problems which my parents are facing with regard to a UK County Court Claim they have received at their home abroad!!EEA The issue is that they have received this Claim by email and have filed an acknowledgement of service by post notifying Defence of Claim and Disputing Jurisdiction. Here is the issue and anyones urgent advice would be appreciated. My parents have been advised that they should urgently file a Defence to the Claim due to this spurious claim but having read on the site that this may mean that they will lose their right to the Claim of Jurisdiction. Can anyone advise. The Court has advised my parents that they should submit N244 Application the question is how do they do that without posting the defence. Must they submit the defence or application first. The Claimant has made serious errors in the Particulars of Claim but is attempting to obtain Judgrment by default and will pounce if the correct application or CPR rules are not followed.. Alll my parents require is the correct guidance to ensure that the Claim is defended and struck out.Can they request a further 28 days in order to proceed with the N244 Application? Thanks This is urgent so would appreciate your help
  2. I have accounts with Nat West who passed my file to Incasso LLP. Just received a letter to say my file has been passed to Corbetts LLP? Why would they do this? Very confused
  3. Hi I had a tenant who just upped and left without notice owing £800.00 rent I found her new address through asking around and also her new mobile number She said she would drop off the keys with a letter explaining she was vacating This she did also stating that she would pay for the removal of the accumulated rubbish She also said she would pay installments for the owed rent I agreed, however no back rent has been forthcoming so I wrote to her 2 weeks ago to which she didn't bother responding, I phoned and got the answerphone everytime. I have now decided that my best course would probably be to take her to the County Court for rent arrears and clearance costs I have prepared a letter to her which will be posted explaining I have already written to her and this is now a letter before action giving her 14 days to respond I am however not sure what to put on the N1 claim form when that point is reached any advice about wording would be appreciated ie Accordingly the claiment claims etc.... Obviously I can't give out too much information in this thread Thank you
  4. Hi everyone, I m new on this forum and I do really need your help. My partner for the last year became very ill and I don't know for how long it will be here. Unfortunately the docs can't say and I am trying my best to give him all my love and support. We are abroad now, he decided to stay in my house down here and in the meantime followed by a good team of docs. Let's hope he will recovered very soon. Anyway, last week I came to UK to collect the post and I have found a county court claim issue againsts him from a solicitor acting on behalf of BC. I couldn't believe it when I read the amount it's over 8000 pounds. We are not rich and I left my secure job in UK and he's not working at the moment. The trouble is that he has got an house and we don't want to loose it. I really need your help guys. What can I do to make this claim void? I read some other posts about being unenforceable. Is there any chance for my long term ill partner? The county court was issued on the 25 of August. I did respond on line saying last week that I did want to dispute and wish to contest the court's jurisdiction. That's what I did. Now I have tried to go on line but it doesn't let me see the claim. Please help me out because I don't know what to do. Thank you guys.
  5. Hi and thanks to anyone who can give me some advice. I have received the following claim and the POC are standard as I have seen already on this forum: "The claimant claims the sum of xxxx being monies due from the defendant to the claimant under a regulated agreement between the defendant and Barclaycard **************** and assigned to the claimant on xxxx2011, notice of which has been provided to the defendant. The defendant has failed to make payment in accordance with the terms of the agreement and a default notice has been served pursuant to the Consumer Credit Act 1974. The claimant claims the sum of xxxx and costs. The claimant has complied, as far as is necessary, with the pre-action conduct practice direction." Didn't receive any notice before action and so far I have sent the AOS (online) and a CPR 31.14 request. The only response from MKDP was a letter stating that I had a judgement, the amount being nearly double of the claim and that I had agreed to paying them £60/month by DD. They also gave a time limit to comply before enforcing through the courts. My details on this letter are correct and it also mentions the correct credit card number, but I immediately spotted that the claim number was incorrect by one digit. I need some advice regarding the defence, since I have not received any info from MKDP and the POC is very vague. Also should I mention this letter that they sent me or is it not relevant? The account in question was opened in 2003, a Barclaycard initial/basic ? with a starting credit of around £300 to £500 which was then gradually increased by the lender. The actual application form was from one of those self-seal forms that use to come in magazines/post. The last payment was around July/2010, and I was unable to pay due to loss of job (company went under owing me a substantial amount for which I eventually got a few pence for each £1 owed). The balance is less than 5K. I did have an offer from barclays to settle this for 60% of the total in 2011 but I didn't have any money. Thanks
  6. Hi CAG, Long time member but having had computer issues (amongst other things) don't get to post often..but read lots and so here's what i did and where I am. I'm no Legal Bod, but here goes... Claim form issue date 2nd May, received 5th May, ackd (full def) 6th May, BankHol 7th May, sent CPR letter 8th May, they received 9th May, rang sols 16th May (said ring claimant), rang claimant 17th May (didn't have all docs requested, waiting on DN & their :???:NOA) got full extension, received what they had 18th May, sent extension to Northampton 22nd May, they received 23rd May (which i found out today), need to check they confirm extension tomorrow (didn't have their no. to hand today). So original defence was set 4th June but as this was BankHol again, (lost 3 days) & I was gonna be set for 1st June. Once extension agreed this should now make new def by 2nd July - so I've got 5.5 weeks to get my defence together). POC - The claimant's claim is in respect of a credit facility, ACCOUNT NUMBER, provided by MBNA at the defendant's request on (over 10yrs ago). The agreement was subsequently defaulted. Failure to meet requests for payment resulted in account the account being terminated. On (2 days after remedy date on DN approx 2yrs ago) all legal and beneficial interest for the monies was assigned to Hillbillies. The defendant was duly notified in writing of the assignment and that a balance of (over £5k) was due. The balance of (over £5k - minus tokens) remains owing from the defendant. So what is my next move? part 18, N244 or wait to defend. Want to be prepared and not bodge anything up. Thanks for listening. BS
  7. My husband owed a firm of solicitors £12k in fees from when his former business partner did a runner and left us with all the debt We have no means to pay this money so solicitors took hubby to court. We defended as they had messed up big time but then agreed to accept the amount they claimed as they were getting a barrister and we could not afford more fees added on. We offered them a sum of money we could just about afford and they have turned it down. They are now threatening to place a charge on our home with a forced sale. They do not have a ccj at present as we agreed (both parties) to try and negotiate a settlement. They have refused all offers as too low. My question is what will happen now? I assume they will go to court and get the ccj against my husband and then try to get a charge on our property. I understand they will only be able to get a restriction as I own half the property and the debt is not mine. Can my husband now write to the courts and ask them to work out what we can afford to pay as the solicitors just seem hell bent on getting a charge and making us sell the house. I think they would find it difficult to get a judge to agree to a forced sale. My husband is disabled and I run my business from the garage (dog groomer) and both our adult children live here along with my son's pregnant girlfriend. There is also not a lot of equity in the property. We really cant offer more than we already have and I am now at a loss as to which way to move forward. Any help would be much appreciated from anyone. Thanks
  8. Hi, I have a query which i am hoping someone can help me with any help will be greatly appreciated. Basically i currently hold a provisional license i cant really drive properly, i took out provisional insurance last year and got insured on my brothers car to take some lessons of him, he himself is fully insured and i took out a separate monthly insurance i drove the car twice but then half way through the insurance his car developed a fault and was not drivable. A few months ago my brother received a letter from his insurance company basically stating his car was involved in an accident and his details were given at the scene of the accident and that it was his car with his registration exact model that was involved, now my brother told his insurance company he was not involved in the accident nor does he know anything about the accident, the third party insurance company kept pursuing with this saying they have proof he was involved. My brother then provided official proof on the day the accident took place which the third party stated, he got a signed letter to proof he was at work and it could not have been him involved at the accident and he was driving another car on that day, the third party tried to question the proof given and stated they would go to court and carried on threatning. Now they have stopped trying to pursue things with him, a few weeks ago i received county court papers stating i was the driver of my brothers car and they are pursing for damages personal injury etc all they have stated on the particulars of claim is the details of the accident and that i was driving, the day the third party say the accident happened i did have insurance on the car at the time. Me and my brother are completely puzzled about all this but it is clear someone is trying to make a false claim, the third party have stated the accident happened on the motorway, the car itself was non drivable and i myself cant even drive properly never mind drive on the motorway. I have to file an defense and i need some advice of how to proceed with this because i don't know whats going on, in the particulars of claim the third party have provided no proof what so ever just stating i was driving. Can anyone help with this please?
  9. Ok I am in the middle of filing a N1 County court claim form but some things on the form i don't understand First of all im guessing i am the claimant and the person i am claiming against is the defendant. Secondarily i do not get this Amount Claimed box is this how much we wish to claim or do we leave this blank ? And do we have to send a cheque for the claim or can we pay online ?
  10. My partner has received a county court claim form for a store card that she hasn't paid, the original card was with Santander and the action is being taken by Howard Cohen & Co Solicitors, it's probably only around 6/9 months since the last payment was made to the account so SB won't apply, I'm not sure when the card was first taken out. She has received various letters from from debt collectors about this and stupidly we have ignored them and should have taken action earlier but what's my best way forward now? I've had a bit of time to read through a few older posts and I think I have an idea of my next steps but would be but can someone please confirm that i should be sending a CPR 31.14? This is the particulars of the claim - The Claimants claim is for the sum of £691.27 being monies due from the Defendant to the Claimant under a regulated credit agreement made in writing under reference xxxxxx The Defendant has failed to make the payment in accordance with the terms of the agreement and a default notice has been served upon the Defendant pursuant to Section 87(1) of the Consumer Credit Act 1974. The Claimant claims the sum of £691.27. The total amount ends up at £816.27 with £55 court fee and £70 Solicitors costs. Is there any point trying to defend when I know that the money is owed??
  11. hi, thanx for reading, just need a bit of advice , i hve received court papers from county court, claimant is a arrowe global guernsey ltd, there solicitor is a bryan carter.. particulars of claim arefor the balance due under an agreement which is now due .that the defendant agreed to pay monthly instalments under account number xxxxxxxxxxxxxxxx but has failed to do so. the claimant claims £4999.00 and also interest. i think arrowe global is a dca. .ive had letters of them in last twelve months. .but i havnt taken any agreement out withthem? any ideas on how to defend this ? all feedback much appreciated guys .
  12. Hi Every one. Can anybody tell me how soon after a county court judgement can a warrent of exiction be issued as i have just had a call from oxford county court saying the baliff will call this week to enforece a warrent take out the same day as the judgement
  13. I have an old business debt which I thought had been paid off. I have received no communication from the company that I owe the money to, to say that it's still outstanding, I've just received notice N271 to say it's been referred to my local county court for enforcement. Am I correct in thinking that I can complete form N245 and send it to the court so that I can start repaying the debt as originally agreed? What do I do if the bailiffs come in the meantime, as the court are currently working on stuff received 10 days ago. Many Thanks
  14. Hi guys I bought a bed back on ebay about 11 months ago i have tried over 4 months now to switch the card board not satisfactory bed i was supplied. I went to the local CAB and they said i could fill out a county court claim form online for about £5 they said. I cant seem to find the information online can someone help me by submitting a link cheers
  15. I have received a letter from a solicitor in England concerning an Orange mobile account. This company is threatening a county court proceedings against me for a bill from Orange. What is the procedure in Scotland concerning this issue. I have phoned Orange about this account and they do not seem to know ANYTHING about it. I am writing a letter to the lawyers about this account requesting information about this account. Basically the questions are 1. What is this bill for. 2. When was this account taken out with orange. 3. What was the starting date and finishing date of this contract 4. What was the final amount of this bill 5. I want a breakdown of my bill and your charges. If anyone can help me with some legal jargon concerning the procedures that I can put into my letter I would appreciate it. Thanks Eileen:-)
  16. I will try and keep this intial post brief as I have already received quite a lot of help from this site and I am quite down the line with my problem. Basically about 4 years ago I signed a guarantee for a business loan for my husbands LTD company, stupidly didnt read the small print, trusted the woman from the bank who stated it was a Directors guarantee and I was signing in capacity as Director. Resigned as Director 2 years ago, husbands business not been doing too well and loan not been repaid as it should. However the bank shut his business account without informing him, and the managers changed that much and the dealing with his account changed that many times he never knew who to speak too. They really didnt give him much chance to repay the loan. Havent heard a thing until 3 months ago when INCASSO came chasing me due to guarantee. I requested information which they didnt give to me, I also did a N244 when their claim form arrived. Again have heard nothing - the wording on the N244 came from this site -MANY THANKS, and I was basically requesting through CPR that they provide me with the relevant documentation, again I have heard nothing from either court or claimant. I have however received today a general directions order which says: on 24.7.12 it is ordered that: The application must be heard on notice to the defendant The claim be transferred to the Defendants home court There is a note at the bottom which says this order has been made without a hearing under the Courts case management powers contained in the Civil Procedure part 3. You may within 7 days of the service of this order, apply to the court to set aside or to vary the order under Part 23 rule 10. It then goes onto say how to do this My question is this: do I need to do anything or is the above more related to the claimant. I would really appreciate some help in letting me know just where I am at with this. I really dont want to go cocking things up now and this site so far has been such a big help, but I cant seem to find anything on this that would help me. Just dont know where I am at - does this mean its going to go to hearing to hear my N244 Any advice would be a big help Many thanks Clare
  17. Hi All. I owe money. I know that and I am paying on post default agreements and I am up to date with both DCAs for those. However, they are bullying me for more money that I can't afford and I am now pushing back. Like most in the Debt Collection Industry forum I understand the basics of the CCA 1974 (S77-79 and 127), the Data Protection Act 1998 and a little bit of about the process of common law. I have also read about estoppel (my DCAs obviously haven't). Background thread I would like to prepare for the worst, which is to defend (or know when not to) in a County Court. Or Small Claims Court - one debt has a balance of less that £5,000. I have been reading threads on this forum and I am still totally confused by CPR 34 this and 15 that. And N244s. Please could someone post a link to "County Court Procedures for Dummies" or something similar? As above, I am up to date with my agreements and hope it won't get to court. But I want to be prepared if it does - currently I would probably fold if I got a summons on the doormat... TIA.
  18. Does anyone have an idea what commencing action will cost? I've seen wildly varying figures for use of the N208 form from £175 to £000's If there is non-protection by May 6th 2012 and no info provided, then isn't it an open and shut case - never that simple I know?! Is a defendant given the right to counterclaim, given that they either have or have not followed the legal obligation? Thanks in advance.
  19. Hi, I am a complete newb and have been reading through a lot of the old threads and think I've got a grip on what I should be doing but was hoping some kind users wouldn't mind glancing over my case before I act. I received a claim form from MKDP LLP on the 18.6.12 (well actually a lot later than that but that's when it was dated) via Northampton County Court. I owe them £3206.95 but simply do not have the funds to pay as I'm out of work and having to claim JSA. Should I try and defend this case or buy more time? Have been thinking of trying the CPR 13.14 as I really have no idea anymore how much I actually owe and have lost all records. I really don't want to have to face bailiffs so any advice would be greatly appreciated. Thank you in advance, Lucas
  20. Hi All I took out an unsecured loan several years ago and failed to keep up payments shortly after taking it out. I received a Statutory Demand from the loan company. Under the threat of bankruptcy proceedings and after contact with the company's solicitors, I agreed to have the debt amount secured against the property. Today, five years later, I have had contact from the loan company again. This time a default notice with a threat of County Court action if I do not pay the amount due. I believe the reason for this contact now is because my mortgage lender recently secured a suspended order for possession on my property (this is something the loan company would have been aware of, of course, ad they are notified of the proceedings because of their interest in the property). I am keeping up payments under the suspended order, so there is no danger of the property being repossessed. Can anyone hazard a guess what the loan company is looking to achieve here? Are they merely looking to scare me in to contacting them and agreeing some sort of payment plan, or are they about to pursue a case in County Court to force a sale of the property?
  21. Hello all, Thanks in advance for any help given, I have a bit of a complex one here, I have an outstanding payment to an individual of £2300 I have sent the payment and it has left my account ( 6 weeks ago ) but I am currently suffering a banking problem as well which has been reported to the Ombudsman whereby payments that left my account have not arrived at the recipitants bank and have just dissapeared, the bank in question have acknowledged the problem but as yet have not fixed it I have informed the claimant of this Today I have got a letter from the court asking for payment + interest etc, am I allowed to defend this on the basis that the Financial Ombudsman is already investigating? I cannot afford to pay this twice Many thanks
  22. Hello all, I am in need of some advice please regarding a county court claim against me I won a competition for a prize which I sold onto someone ( prize was for a service ) but unfortunately the company went into administration, this has led to the prize not being honoured. I had since used the money to pay off some debts ( as was not expecting the company to collapse ) My question is I have 14 days to respond but had set up a transfer for the end of the week anyway ( when I get paid ) is that the best way still to do this? or am I better sending a cheque/ bankers draft? Also if I can then show its paid do I still send the forms off? and does that still count as a judgement against me on my credit file? Many thanks Not been in this situation before- bit scary
  23. In two weeks I have to go to County Court for questioning, here is the background, sorry in advance it long. My property was repossessed in sep 2006, prior to this I was running a small business and had the property rented out, my business partner pulled out Aug 2005, just prior to this I had taken a secured loan on the property for £15k. So without my business partners support and a downturn in business, I placed the property for sale to pay off loans etc, in Jan 2006, just as I went into arrears. I accepted an offer in Feb 2006, however by Sep 2006 contracts were not exchanged despite two judges recommending that this should happen, it seems the secured loan company messed me around (kept changing their mind on a monthly basis) forcing me into negative equity. Leading to their own solicitor apologising (crying on the phone) for their vindictive behaviour. By this time I had been sleeping on my office floor, and shortly after my ex business partner threw me out of the building so nowhere to trade. Note the property was repossessed on behalf of the original mortgage company not the loan company, the loan company apparently were happy to take their chances that the value of the property had increased to they would get more back than what I had offered. So after 2006 I heard nothing until May 2011 when I had a statement from them which I ignored followed by a letter apologising for sending the statement and their IT dept would investigate, Then a letter in Oct 2011 asking to confirm their database details. Again I ignored this. A few weeks ago I was issued with a county court summons for questioning regarding a debt of £25k with the secured loan company due on the 20th June. I was diagnosed with ME/CFS in 2007 due to events of 2005-2006 etc. and was on income support from 2007 to 2012 but lost my claim for ESA when I was moved to Jobseekers. I live in my mothers rented property and have few possessions left. Also I have 2 other debts £1800 with monument credit card via Capquest which I pay £14 a month. £7300 remaining with Lloyds TSB which I was paying £48 a month, but stopped paying when my debit card expired and had a nasty letter from the debt collection agency dealing with it, so I wrote back wanting to know what accounts the debt related to as believe it or not I had never been informed, Threatened them with trading standards, and they started been nice. I have just received a letter stating that Lloyds TSB have recalled the account from the debt collectors. Has the loan company already issued me a CCJ, should they have issued a notice of proceedings. What could the courts ask me to pay back per month, and would I have to inform them of any changes in my circumstances, and how long would I have to pay it for? Would I be better being bankrupt as this is something I have thought of as I have no credit or mortgage anyway, I could raise the £525 but probably not the cost if these could be waived. I would like some thoughts please on which way to proceed.
  24. I received a county court judgement in 2006 which was accepted. I never heard from them for 6 years now a company has taken it on and is demanding money; can any one advise me what to do.
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