1st credit claimform - old MBNA Card debt *** SETTLED OUT OF COURT ***

[B3rty]

The issue is dated 26th and its states the date if service is 5 days after so today 31st is the actual day or 2/11/07 if I allow for the weekend, I assume its working days so 28 working days from 2/11/ gives me until 11th December

 

I have acknowledged today online and assume I have 28 working days to lodge my defence, I will phone the court to accertain the right day and date and get my ducks in a row as it were

[Edz11]

But if they haven't produced the CCA and he points out that breach of s78 in his defence the Judge (if he or she is applying the CPR correctly) can strike out the claim or issue an order to comply on failure of which the claim is struck out.

[B3rty]

not sure why but this post went to number 1 as the start of the thread...

 

The issue is dated 26th and its states the date if service is 5 days after so today 31st is the actual day or 2/11/07 if I allow for the weekend, I assume its working days so 28 working days from 2/11/ gives me until 11th December

 

I have acknowledged today online and assume I have 28 working days to lodge my defence, I will phone the court to accertain the right day and date and get my ducks in a row as it were

[Edz11]

my posts are not in sequence Culrlyben - think I've messed something up...

[B3rty]

not sure why but this post went to number 1 as the start of the thread so I have re posted it to keep the order

 

The issue is dated 26th and its states the date if service is 5 days after so today 31st is the actual day or 2/11/07 if I allow for the weekend, I assume its working days so 28 working days from 2/11/ gives me until 11th December

 

I have acknowledged today online and assume I have 28 working days to lodge my defence, I will phone the court to accertain the right day and date and get my ducks in a row as it were

[Curlyben]

not sure why but this post went to number 1 as the start of the thread...

 

The issue is dated 26th and its states the date if service is 5 days after so today 31st is the actual day or 2/11/07 if I allow for the weekend, I assume its working days so 28 working days from 2/11/ gives me until 11th December

 

I have acknowledged today online and assume I have 28 working days to lodge my defence, I will phone the court to accertain the right day and date and get my ducks in a row as it were

 

Nice one b3rty so we have ample time for them to respond to the CPR letter.

[Edz11]

But by having a CCA request non compliance can be included as full defence in itself.

[B3rty]

any idea why the threads gone weird as the sequence has changed....

[Edz11]

There's a date problem - should be back to normal after midnight??! (See tech page)

[Curlyben]

But by having a CCA request non compliance can be included as full defence in itself.

Having a CPR non-com would be better

[Edz11]

Shall we "tell him" to do the two then we'll both be happy? It ain't our first class stamps or £1 postal order??

[B3rty]

Thanks for the help

I have today sent the two letters by special delivery and established my date my date at the court as 28th November so I feel I am on a roll and will feedback when I receive the usual replies etc…..I have to say I feel pretty good about this and upon reading the forum feel I may have another claim….

I had a business account, business loan and a personal account with HSBC which has been serviced by Metropolitan credit services I paid them a token 3x £1 a month for the last 2 years somewhere along the line the loan has rolled into the business account .

Yesterday I had letters from HSBC saying these had been assigned to Pheonix Recoveries acting on behalf of Tessera Recoveries on the 12th October and that Phenonix are now the effective owners

They have appointed Marlin Financial Services as their servicing agent and provided me with their address

OK I realise I can send a SAR letter to the bank regarding the accounts which I will do as the two totals they quoted were £ 12,770.97 and £8381.88 so a total of £21152.85 and on my reckoning that’s about £4-5k too much so I will be interested to see what they have charged me on that, I have completed the letters and will send these with the 2x£10 to-morrow.

However as these were a business account and a current account can I use the CCA letter to send to Marlin? Plus does this put me in dispute with the bank at some point and can this reflect on DCA and their capacity to act….etc etc

Your thoughts are gratefully appreciated

Bert

[B3rty]

In 2005 I was a sole trader and my business collapsed leaving me with debt I couldn’t pay so consulted the CCCS and agreed token payments with all my debtors which at that time were credit cards and banks

Over the course of time these have been sold onto debt collection agencies and I pay all of them a token payment completing a review each 6 months based on my ability to pay which is pretty close to zero

The one company that will not even discuss with me is 1st credit who have a MBNA debt for £3704 , each month I sent a cheque for £1 which they cashed but continued to call and harass me, eventually I obtained their banking information and I send them £1 a month ignoring all the letters threatening to take my house etc.

I have now received a county court claim form from the Northampton court ( I live in Bristol) claiming interest and costs making a total of £4275.75

Now because I have been paying £1 a month for over a year I assume I have acknowledged the debt and I cannot query the debt though the CCA route and wondered if anyone had some good genuine advise on what I should do..

I have one CCJ already and dealt with my local court who actually helped me as this was A&L who obtained a CCJ by default and I overturned it getting the court to agree a payment that was within my means

Help please as I am a little worried on the best way forward..

Thanks

Bert

[pt2537]

Hi B3rty

 

Welcome to the CAG

 

just because you have been paying these debts does not mean you cant CCA them and request a copy of your credit agreement

 

since they have issued a claim,have you acknowledged the claim? have you defended?

 

also under the Civil Proceedure rules you are entitled to disclosure of all documents that they intend to rely on, to allow you to prepare your defence, this will also include a copy of the credit agreement

 

bear with me, i know where there is a letter to send to get this info.

 

 

regards

paul

[pt2537]

ok fire this at them (thanks to Tomterm8 for the letter)

 

In the XXXX County Court

Claimant -v- (YOUR NAME)

Claim Number: (CLAIM NUMBER)

 

 

Dear XXX

 

REQUEST FOR INFORMATION

 

I have received a recent court claim from your organisation. In order to file a defence and counter claim I require some information. Given that this matter is now the subject of legal proceedings, you are obliged to disclose under the Civil Procedure Rules, the information and documents detailed below.

 

The information must be furnished within fourteen days of the receipt of this letter. If you fail to comply, this will be reported to the Court, a copy of this letter will be provided as evidence to the same and an Order enforcing your compliance will be sought.

 

1. A true copy of the executed credit agreement and any terms and conditions that applied to the account at the time of default and at the time the account was opened.

2. All records you hold on me relevant to this case, including but not limited to:

 

a. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations by your company, or by any previous creditor

b. Where there has been any event in my account history over this period which has required manual intervention by any person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my account formerly held with Barclaycard.

c. True copies of any notice of assignment and/or default notice or enforcement notice that you or the original creditor sent me, with a copy of any proof of postage that you hold.

d.Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted (if applicable).

e. Details of any collection charge added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers.

f. Specific details of the fees/charges levied by any other agency in respect of this account and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.

g. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998

h. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.

i. Copies of statements for the entire duration of the credit agreement.

 

3. Any other documents you seek to rely on in court.

 

 

I will require this information within the next fourteen days. I must advise you that if the information is not forthcoming, it will be reported to the Court that you are trying to frustrate proceedings and denying me the opportunity to file a defence and counter claim.

 

Yours sincerely,

 

XXXX (type, don't sign).

[pt2537]

take a look at this thread, its very informative and if you need any further help then just shout

 

Regards

paul

[tomterm8]

You'll need to change 2b to remove the reference to barclaycard.

 

i wrote the letter originally, and guess who I sent it to:)

[pt2537]

sorry for nicking your letter tom, although i as always have acknowledged the original source

 

its is an excellent letter and it was easily available , i hope you dont mind me using it

 

 

oh and whats going on with your avatar now, one minute its a drunk elephant then a mountain goat and now this?

 

 

Regards

paul

[B3rty]

wow..fast response thank you

 

With regard to the CCJ claim form how do I respond to that...

 

Also what could the potential implications be and if there are proceedures I need to follow after this..

 

An after thought...if I delay the court by 28 days saying I despute the claim then they send me the information can I go back to the court admit the debt and complete the admission with my proposed payment or do I still have to fight and maybe incure costs?

 

Thanks

 

bert

[pt2537]

can you post up the particulars of claim, it will make it easier to answer what they are claiming

 

also when was the claim for issued on you? you should file an acknowledgement of service within 14days, this i believe can be done through money claim online

 

if you dont acknowledge the claim and state your intention to defend they can enter for judgment in default

 

i must admit Tomterm8 is more experienced in this area where ccjs are concerned.

 

 

im sure he will pop in and offer some pearls of wisdom

 

regards

paul

[pt2537]

Hi B3rty

 

it appears that the link i tried to post earlier didnt come out properly

 

look at this thread, its very ehlpful for your situation http://www.consumeractiongroup.co.uk/forum/general-debt/108467-basic-introduction-consumer-credit.html

 

regards

paul

[B3rty]

Thanks

 

I will send the letter that you posted above, I assume I will need to send £1 with this for the copy of the agreement ?

 

I have worked out that I can ask for an additional 14 days to defend so that gives 28 days, but I suppose my concerns are how I do this...i.e what the next steps would be with regard to the court and how I deal with that aspect which I find quite daunting as this is now with the court and I need to follow whatever the proceedure will be

 

What would be really useful is any expereince simular to mine and how I defend this in court assuming the Agreement is not forthcoming.

 

Thanks

 

Bert

 

Just looked at the link you provided and feel many anwers could be there...will keep you posted and ask for help when I need it....

 

Thanks.....BTW what great forum...

[pt2537]

ok

 

firstly no you dont need a pound for this one

 

its a request under the civil proceedure rules as there is already litigation in progress

 

your first step is to acknowledge the claim THIS IS A MUST !!!!

 

then you have given your self the extra time to prepare your defence

 

if the agreement is not forthcoming then quite simply you would defnd on the basis of S127 Consumer Credit act whihc prevents a court form issuing an enforcement order where an agreement is not produced (Basically)

 

also this has been reaffirmed by the House Of Lords ruling in the Case of Wilson -v- FCT

 

dont worry, its not as bad as it seems

 

i know Tomterm8 can advise on how to go about your defence,he is very experienced

 

Regards

 

paul

[B3rty]

One more question

 

I have gone online and completed the acknowledgement requesting 28 days

 

On the CCJ Court form it shows the 1st Credit address asa the claimant but states that all correspondance should be addressed to their solicitors which is in the same building ( LCS solicitors)

 

Who should I address the letter to?

 

Thanks

[pt2537]

correspondence should go to the persons marked on the claim form ie their solicitors LCS

 

make sure that the letter posted above is sent Special next day delivery

 

it is that important that you need to guarantee it gets there and you have proof of delivery. recorded delivery does not give you these guarantees

 

Regards

paul