court claim from Hillsden

[focus243]

My husband has received a court claim from above, he has been paying regular payments for a credit card citi cards. We didn't know about this forum (unfortunatly). have been paying a montly payment for two years. Recieved a phone call from DLC who said unless payment was increased they would file a claim. A claim form from Northampton court arrived Thurs 29 May. Would a judge see it as acceptance of this, as we have been paying this debt? Have printed out CPR and CCA letters, but unsure whether to go ahead. Or just make an offer of instalments. The amount is for £1,972.56. (included were charges for going over credit limit, late payments etc and now court fees and solicitors).

[creditcardmug]

Hi Welcome to CAG

If you are going to defend the the claim you must do two things ASAP.

1 send your Acknowledgement of service to the court (this gives you an extra 14 days to file your defence i.e 28 days from date of service).

2 Send CPR request to claimant as stated on the claim form.

Ignore everything the DCA has said thus far, this is now a court matter, and thats all you should be concerned with.

Keep coming back here for more help, and read the other threads, theres lots of informative stuff on here

 

Can you post up the particulars of claim (removing any personal details).

Also have you received a default notice if so can you post this up.

 

Regards

[focus243]

POC

The claimant's claim against the Defedndant is for the amout due and upaid as at todays date under a running credit account

 

And the claimant claims

£1818.84

 

Court Fee 75.00

Solicitors Cost 80.00

 

Total amount £1973.84

 

I can't remember is I have ever received a default notice

do you get 14 days from acknowledgment date?

and should I send the CPR to Hillsden or the solicitor

Alpins as given for address for sending documents and payments?

[creditcardmug]

Hi again

If you don't have a default notice, then in your defence you can put them to strict proof that they sent it. Without it they do not have cause for action, this a complete defence.

From the date on the claim form you have 14 days +5days to acknowledge, if you defend the claim you them have a further 14 days to file your defence, phone the court to get a date for filing your defence as soon as you send in your AOS.

The CPR must go to whomever the CLAIMANT is on the court summons.

Make sure it asks for all the relevant stuff(template on here if not sure).

 

For what it's worth that POC sucks IMHO, and without a DN you have nothing to worry about with this one

[focus243]

Hi thanks for you opinion

 

I have tried to go online to AOS but have been unable to, it keeps saying incorrect claim no and now it is locked I will have to ring the number given tomorrow.

[creditcardmug]

I've not used MCOL so i can't comment.

The other thing i'd say is if they are using a soliicitor you may need to address The CPR to them.

In the CPR you will be asking for a copy of the agreement, which we can scrutinise (if it turns up in the timeframe Doubtful). but if not another part of your defence, failure to comply with CPR.

 

I hope others will be on soon i have to get up early, and anyway you need others to comment not just me

Regards CCM

[42man]

And send the CPR request by RECORDED DELIVERY....and don't hand sign it...

[foolishgirl]

For more info on County Court claims, defence, procedures etc. this is a good reference to start with http://www.consumeractiongroup.co.uk/forum/legal-issues/108467-basic-introduction-consumer-credit.html

I'm sure someone with experience will come along to help you. Good luck.

[focus243]

phoned the court they were unable to help with the passcode so have been advised to fax it. Do I have to AOS before I send for CPR

[nicklea]

No, but it's best to do both as soon as possible

[focus243]

I have to get my defence sorted and sent tomorrow. To date in response to the CPR request they have sent me :-

 

1. a copy of transactions, and telephone calls since they have taken over the debt.

 

3.a copy of their complaints procedure.

 

2. part of the sale of agreement, a copy of two signatures from OC and DCA and a copy of the definitions,(nothing with my name or account number) they have said in there letter the agreement contains information that is commercially sensitive so will not forward it, but will be able to show a judge in court. .

 

They have said they are still awaiting a copy of the CCA which they will forward when it becomes available and no mention of any default notice copy either.

 

If anyone could help with a defence on that info I would be grateful.

[focus243]

Is there anybody that would be able to help with a defence as I need to get this done and sent off.

 

Thanks

[creditcardmug]

Hi can you confiirm

1. You have filed your AOS?

2. Have you received a copy of the agreement?

3. Have you received a copy of the default notice?

4. Did you receive a Letter Before Action?

5. Have you phoned the court to get a date for your defence to be filed?

[focus243]

Hi can you confiirm

1. You have filed your AOS? Yes

2. Have you received a copy of the agreement? NO

3. Have you received a copy of the default notice? NO

4. Did you receive a Letter Before Action? Yes

5. Have you phoned the court to get a date for your defence to be filed? yes 29 June

 

I need to get the defence done as I have to post it recorded delivery and would like the court to receive it before the weekend to be on the safe side.

 

Thanks

[creditcardmug]

Click the red triangle, if still no defence by tomorrow i will search for something