Help Please Re: CCJ From Northampton CCBC - ***DISCONTINUED***

[Misterzeus]

I have started a fresh thread as this is a different matter, hope that I’ve done the right thing! Please accept my apologies in advance if it needs to be merged with my original thread.

 

I received CCJ papers today from Northampton CCBC on behalf of Co-Op (smile Credit Card debt).

 

I am so annoyed with myself; I was going to CCA them back along but never got around to it.

 

Anyway, I believe there maybe charges on the account that I dispute so where do I go from here?

 

I am very concerned as it says I have 14 days in which to reply to this claim form.

 

I have scanned the court paper work (probably unnecessary to scan every page, but wasn’t sure) and the default letter plus the last letter I received from the Co-op if someone would take a look at please.

 

I have been paying a token payment of £1 every month (since January) as that is all I can afford, unemployed at present and my income consists of a war pension and small army pension at just over £700 a month in total.

 

The worrying thing is I also have a loan debt with the Co-Op and fear another CCJ may be forthcoming regarding that.

 

Any help very much appreciated, thank you.

 

 

 

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[sequenci]

Hello there.

 

Are you aware of what a Part-18 request is?

 

I would certainly suggest sending one to them so that you can get all the info you need to assist you in making your mind up on the next step...

 

In the matter of

XXX vs (defendant)

Claim Number XXX

In XXX Court

 

Solicitor’s Address

 

DATE

YOUR ADDRESS

 

Dear X

 

RE: REQUEST FOR INFORMATION

 

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 (enter date 14 days from day of sending). 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.

 

IN RESPECT OF EACH ALLEGED DEBT CLAIMED, I REQUIRE:

 

1. A true copy of the executed credit agreement and any terms and conditions that applied to the account at the time of any 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 by your company, or by any previous creditor

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.

d. True copies of any deed of assignment and/or default notice 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 notice of fair use of my data as required by the Data Protection Act 1998

i. 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.

j. A copy of all account statements for the duration of the agreement.

 

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.

 

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,

 

XXX (Type, don't sign your name).

[rippedoffagain]

Default Notice is duff, they have only allowed for 14 days from letter date, no time allowed for postage.

 

No account number on the POC.

 

Send the letter as sequenci has advised, and acknowledge the claim online. You will then have until around 26th July to file the defence. Plenty to go at re defence.

Edited June 25, 2008 by rippedoffagain

[Andyorch]

You need to be sure that you've got your dates right in respect of when the AoS and defence needs to be filed. For example, if you receive a Court claim with an issue date of the 25th June 2008, you are given 5 days for service (delivery) so that takes you to the 30th June. You then have a further 14 days to file your AoS and if you need a further 14 days to file the defence, that is available to you. So in all, you get 33 days in total. If you are unsure, either post up the issue date here, or ring the Court ASAP, the number is on the front of the claim form, on the right hand side tiny print.

With regards to your intentions and if you intend defending then you need to do CPR 18 request (thanks Sequenci) again ASAP and give them 14 days to respond.Subject to their complience this will form the basis of your defence beit an holding defence or final.

 

I trust the above is of help

 

Regards

Andy

[Misterzeus]

Thank you very much for your fast response and the template letter sequenci, it is much appreciated!

 

Just a few more questions, if you don’t mind.

 

I presume that I must send that recorded? Also should I reply to Northampton Court meanwhile stating I intend to defend the claim? I believe I can do this online.

 

Do I send the template letter to CO-Op or to INCASSO LLP at their address in Leeds as stated on the claim form?

 

Many, many thanks

[Andyorch]

Yes preferably G/delivery IMHO You will do your AoS online if this is a MCOL summons and what your intentions are.Send CPR 18 request to their sols address as advised on the summons

 

Regards

Andy;)

[Misterzeus]

Thank you rippedoffagain and andyorch for your excellent replies.

 

I googled Incasso LLP and they state that they are the specialist Debt Recovery division of Cobbetts LLP Solicitors. So I presume I send it to them (Incasso LLP I mean) by recorded delivery?

 

The issue date was the 24th June, thanks for the added info regarding extra days allowed for delivery.

 

Thanks to all of you for your invaluable help:)

[Misterzeus]

Help please!

 

Which part do I fill in on the court website? Have decided it's between these two:

 

1. If you need 28 days (rather than 14) from the date of service to prepare your defence, or wish to contest the Court's juristiction, complete the acknowledgement of service.

 

2. If you dispute the whole claim or wish to make a claim (a counterclaim) against the claimant, complete the defence form.

 

Thank you

[Andyorch]

Hi Misterzeus

 

No 1

 

 

Regards

Andy

[Misterzeus]

Wow superfast reply andyorch, thank you so much

[Andyorch]

[Misterzeus]

More help please!

 

Do I defend "all of this claim" or "part of this claim"

 

thanks

[rippedoffagain]

All of the claim.

[Andyorch]

Hi

 

Its really your decision the only way to stop a a judgement by default is to defend the whole claim submit your defence with the reasons to why you disagree with the claim ie it may contain penalty charges or their actions are averred as both UNLAWFUL and VEXATIOUS.

It really takes courage to stand up to them .They seek your acquiesce.By defending the whole claim you signal that you will challenge them and make them work for their goal a CCJ against you which will be with you for 6 years.

The choice is yours!

 

Regards

Andy

[Misterzeus]

Thanks rippedoffagain and thanks again andyorch, have submitted it now! No doubt I will be back posting as to what I can expect next!!

[Misterzeus]

Hi all,

 

I forgot to ask another question when I last posted on this thread:

 

Will an impending CCJ show up on my credit file or does it have to go to court first before it will be registered on my credit file? I have a second job interview coming up and I'm not sure if I will need to be credit checked for the post.

 

Any replies gratefully recieved, thank you

[rippedoffagain]

No an impending CCJ will not show up on your credit file.

[Misterzeus]

Thank you rippedoffagain!

 

That's such a relief, I have applied for so many jobs in the past few months, I was beginnining to lose hope, especially at my age! The first interview went extremely well and I have got a good feeling about this job, so being invited back for a second interview is great news for me!

[citizenB]

Thank you rippedoffagain!

 

That's such a relief, I have applied for so many jobs in the past few months, I was beginnining to lose hope, especially at my age! The first interview went extremely well and I have got a good feeling about this job, so being invited back for a second interview is great news for me!

 

Brilliant news re the interview. Good luck MrZ

[Misterzeus]

Thanks citizenB

 

It's tomorrow and here's hoping I'm successful!

[Andyorch]

Fingers crossed for you Misterzeus

 

 

 

Regards

Andy;)

[citizenB]

Thanks citizenB

 

It's tomorrow and here's hoping I'm successful!

 

[Misterzeus]

Thanks andyorch, am feeling nervous and off for the interview shortly

[Misterzeus]

Yay! I got offered the job and start next week, there was no mention of any credit checks

[Andyorch]

excellent news Mr Z

 

 

Now we can concentrate on these muffins when you settle into your new position

 

 

Regards

Andy;)