NR/Wallers Claimform - £29k Pers Loan *DISCONTINUED*

[AndyOrch]

no

I will go through this with you dont fill anthing in yet and by the way dont bother with the C.A.B you will get all the support you need here on CAG

They will have 12 days plus 2 to reply if not they are then in default and account is rendered in disspute

[womble72]

Claiments address is Wallers solicitors and dated 6th November 2007

 

So i will ask for the cca at Wallers solicitors.

[AndyOrch]

Are you sure claiments are Wallers ? and not NR??????

 

 

 

 

andy

[womble72]

Sorry been a long day it is Nr.

1st step:send a letter to nr with £1.00 postal order asking for my cca.

2nd step:check any letters if i have been charged any penalty charges

3rd step:dont fill in the court papers until nr have replyed about the cca

 

What if they do not respond and i dont fill in the court papers by the 14 days.

 

Will wallers take further action.

[AndyOrch]

Hi

No send CCa request to Wallers

as for the rest we will talk tomorrow and i will check it with you

now dont worry about it and get some sleep your kids dont need a tired mum tomorrow and dont worry this is easly sorted

Dont worry about Wallers

 

Regards

Andy

[womble72]

Hi Andy,

 

You mean a tired dad.

 

The mum is tired 24/7 with the kids,

 

I will talk tomorrow evening.

 

Thank you for your help

 

Allan

[AndyOrch]

apologies

Speak tomorrow

 

 

Andy

[AndyOrch]

allan

go to bed now GAG directive

 

 

 

andy

[womble72]

Morning Andy,

 

I got the nr default letter out and it was dated the 8th September.

 

The balance is £29022.79.

 

The arrears amount is £862.97.

 

It looks to me that there is no penalty charges stated on the letter.

 

I have another letter dated 4th October (formal demand) stating the default issued recently you have failed to pay the requested amount of £862.97 therefore we are now terminating the loan agreement with us.

 

 

What i do not understand is the figures on the default and formal letter are different than what the amount is claimed on the claim form ?

 

This to me is not clear at all ?

 

I will be on tonight Andy so i will speak to you then.

 

Kind Regards

 

Allan

[Penfold92]

Hi Womble,

 

Sounds like you are in a little pickle right now. Firstly do not panic, shame you did not come a bit earlier, but that does not matter. Do not ignore anything you are sent. Secondly, read this carefully and follow it: http://www.consumeractiongroup.co.uk/forum/general-debt/108467-basic-introduction-consumer-credit.html

 

Thirdly if you have been served court papers I suggest you write the letter in the above link requesting what they will rely on in court. You will see once you read the thread. Do not do a seperate SAR as this will take too long now!

 

You also need to discuss with CAB (I assume you are going to see them as you mentioned it earlier?) about asking for more time to file a defence a strategy all banks have been using on us...

 

Keep us posted here and we will all try to help...

 

Penfold

[MARTIN3030]

Have changed your thread title.

Also have a look here ;

Annbary

[Curlyben]

IF you have received a court claim for these people, DON'T bother with the CCA/S.A.R - (Subject Access Request) requests.

As there is action now being taken you are entitled to all the information that they will use in court.

Fire this off to them on NEXT DELIVERY.

 

REQUEST FOR INFORMATION UNDER THE CIVIL PROCEDURE RULES.

 

Dear Sir/Madam,

 

I have received the Court claim filed by your Company. To enable me to file a defence and counter-claim, I require specific information regarding the account to be provided forthwith. 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 by the **DATE**, which gives you ten days to provide what has been requested. 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. A transcript of all transactions, including charges, fees, interest, repayments and payments and both the original amount of the loan and any repayments made to it the account.

b. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations

c. 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 **CREDITOR**.

d. 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.

e. 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).

f. 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.

g. 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.

h. A genuine copy of any deed of assignment, or proof that you have a legal right to this money.

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

j. 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.

 

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

4. A copy of your complaints procedure, as required by the Consumer Credit Act 2006.

5. Clarification of the date you acquired the debt, what organisation you acquired it from, their registered office, their company number (if any) and what legal title they had to this debt, and what credit license number they had at the time that the debt was purchased or entered into.

 

I will require this information within the next ten 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.

 

I would appreciate your due diligence in this matter.

 

I await your rapid response.

 

Yours Faithfully,

 

[pt2537]

Hi Womble,

 

ok firstly, when did they issue the default, the date is important.

 

secondly, if you can, can you scan in a copy removing all personal details first, it is important that a default is in the prescribed format containing the prescribed lettering and giving the correct period of time to remedy the default, from what you have said this may not be the case.

 

it is not just penalty charges which can render a default invalid so bear that in mind

 

you should follow what Ben has said as you need to get the documents to really be able to prepare a cogent defense

 

Regards

 

paul

[benson05]

Hi Womble72,

 

If you are still in your DMP with Payplan they should help you filling in the court papers. With regards to going to Gateshead Court our first case was heard there (we couldn't attend as we live in the south) and they ignored our defence but our final hearing as been moved to the court near us which is standard procedure so the defandant can attend (you have to ask). Will let you know how ours goes.

 

Kind regards,

 

Benson05

[mammyslad]

Have changed your thread title.

Also have a look here ;

Annbary

 

Hi Mr Martin (Moderator) I am following this thred, but I tried the link you suggested and it don't work, It may be something I am doing wrong,

Could you please advise me ?

I would be much obliged,

John.

[womble72]

Hi Everybody,

 

Good luck Benson with your court case.

 

Ben the problem im am having on this sight is that im getting different answers of how to tackle these court papers.

 

Andy tells me to ask the solicitors for them to send me a cca within 12 days.

 

Dont fill out the court papers then you give me information about to send them another letter asking for a breakdown of charges.

 

Now i know the orginal loan was for £25,000 (£35,000 inc interest over 10 years)

 

I have been in this mess for two years now and the total amount is £29,000.

 

Now what you all must tell me is can i defend this if i do owe them the money ?

 

Or your telling me yes i do owe them £25,000 but they are charging me over the odds for charges because i have defaulted on the payment.

 

I need a clear guidline my head is spinning with all this information.

 

Firstly Andy gave me advice last night which i have printed a letter to Wallis solicitors for a cca for which i have done and also i must wait for a reply until i can fill the court papers in.

 

Someone please just give me a clear and understanding way on how to deal with this court form.

 

Womble

[pt2537]

Hi Womble,

 

I can see you are getting conflicting advice and it is rather unfair on you.

 

ultimately, you are the one who has to deal with this action

 

The letter that Ben posted is a CPR request, this asks for disclosure of all the facts that the other party is going to rely upon and if they dont send you the info thats requested, you can make the court aware of that fact and also include this in any defence

 

can you defend when you owe them the money?

 

well that is a difficult question to answer as we stand here

 

yes you can defend , if they dont have a compliant copy of the credit agreement the court will be prohibited from making any enforcement order

 

 

to be able to say what your prospects of success would be will be difficult as at this stage we dont have the info on if the credit agreement is compliant,was it executed properly, does it contain the required terms

 

also did the default contain the required info etc so you see it is difficult to answer

 

the MOST important thing is that you dont sit around doing nothing.

 

my opinion would be that you are best served sending the letter ben posted

 

If you need any further help please shout

 

Regards

paul

[womble72]

Hi Paul,

 

Thanks for a quick response.

 

I will send Ben's letter off to the solicitors dealing on behalf of Northern Rock.

 

But do i need to fill in the court papers now or wait for a repsonse first because i only have 10 days left to fill it in.

 

Also would you know a rough idea when it would go to court does it takes weeks or months ?

 

Regards

 

Womble

[pt2537]

Hi Womble

 

Dont worry about the court date just yet, in any case you will be informed in writing as to when the hearing is

 

with regards to filling in the court papers, i am assuming that you are refering to filing the acknowledgement of service?

 

if that is the case, you have to decide if you want to defend this action

 

if you do then you need to file the acknowledgement saying you intend to defend the whole of the claim

 

it is difficult to advise you what to do as like i said we do not have all the info that we would need to ascertain if they have any prospect of success with this action. without the credit agreement we cannot say if it is enforcable or not

 

this is our main problem

 

Regards

paul

[tomterm8]

Hi Paul,

 

Thanks for a quick response.

 

I will send Ben's letter off to the solicitors dealing on behalf of Northern Rock.

 

Good

 

But do i need to fill in the court papers now or wait for a repsonse first because i only have 10 days left to fill it in.

 

You will need to submit the defence before the 28 days + 5 days period is over. What was the deemed service date - it's always good to call the court to discover the actual day you need to file your defence on.

 

 

Also would you know a rough idea when it would go to court does it takes weeks or months ?

 

After you submit a defence, the claimant will have 28 days to decide whether to continue, and then it's in the lap of the gods when the first hearing date will be... this first hearing will be an allocation hearing, not the trial.

 

You will be able to submit an application to ammend your defence after you have recieved the requested information.

 

At this stage, speculating too much about what defence to use is somewhat dangerous... you simply don't have the information available yet to work out if the agreement is enforceable, if they have defaulted you properly (it doesn't sound like they have), or if you can reclaim charges.

 

If they don't get back in time, you will have to file a holding defence, basically saying that you don't have enough information to file a proper defence, but highlighing certain areas (such as, fairlure to provide documents, void default notice etc)

 

All in all, I know it can be confusing but listening to paul would be a good idea;)

Regards

 

Womble

 

If you want to defend you should file an acknowledgement of service, as paul says.

[womble72]

Hi ,

 

The date on the form is the 8th November 2007.

 

But it states that you have 14 days to reply.

 

Womble

[tomterm8]

Hi ,

 

The date on the form is the 8th November 2007.

 

But it states that you have 14 days to reply.

 

Womble

 

You have 14 days to file an acknowledgement of service. This gives you another 14 days before you need to file a defence. worth calling the court up and asking them exactly what the relevant dates are (when do i need to file an acknowledgement of service, when do I need to file a defence?) - the requirements can be a little confusing, as courts have all kinds of odd holidays.

[Curlyben]

Womble if you DON'T file a defence they WILL win and obtain a judgement against on their terms.

[womble72]

Well i will defend because of the following reasons.

 

Poc:

 

The figures on the poc differ from the default letter.

 

They have also said i have failed to pay any sum which is a lie.

 

These are the only two things i can defend on at the moment.

 

Also wont the court see in my favour if i have made payments via payplan and take my ingoing/outgoing into consideration.

 

If Northern Rock ask for a silly amount each month for which i cant afford will the courts agree with them ?

[Curlyben]

Womble, exactly right there.

This is certainly a vexatious action and that will form part of the defence.