Help! Tradepro taking us to court

[tracyd]

Hi

Please can anyone offer me advice on this one. My husband had a tradepro card which he used to buy materials for his business. The debt was originally for £2,400 but now stands at over £5000!!!! with interest of £150.00 per month a collection charges at £30.00 plus £859 debt recovery fee. He never missed a payment until Dec 07. The debt was passed to CDC debt recovery who point blank refused any lower payment. We sent income and expenditure forms all to no avail. I CCA them and they provided it and i had it checked out on this forum and everything was correct:mad:.

 

After CDC pursued the life out of husband they agreed for us to send in another i/e form. We had £40 spare cash at the end of the month which is what we offered. They refused and said it had to be £100. I spoke to them and it was agreed at £75 (cant afford it but stupidly agreed to it) they said this would stop interest and any court proceedings.

 

On Saturday the court papers from Northampton County Court arrived. My husband is worried and I really dont know what to do... I have looked on the forum and am not really sure if i am clever enought to defend it!! it seems really complicated. I would be more than willing to have a go if anyone could offer any guidance please...

 

Thank you for reading this

Tracy

[katpuss]

Hi Tracey,

 

The forms are simple enough so don't worry. You won't need to actually attend court in person, it is all done via post.

 

Private Message me and I'll help you as I've just dealt with this sort of thing.

[Helios]

They won't get £75 per month, court onlys goes on your ability to pay can be little £5 a month, CDC are wasting their time taking this to court

[pt2537]

Hi Tracey,

 

The forms are simple enough so don't worry. You won't need to actually attend court in person, it is all done via post.

 

Private Message me and I'll help you as I've just dealt with this sort of thing.

PLEASE NOTE:

 

we do not advocate advice being given by private message,

 

this does not allow for any inaccuracies in the advice to be picked up

 

also private details should not be passed via PM

 

Please keep all advice on the open forum unless it is 110% necessary to keep information confidential

 

i do not see that advice in this matter cannot be dealt with over the open forum

 

 

Regards

 

Paul

[tracyd]

Could anyone advise me of the next step with the forms. I really dont know which part of the response pack i should be filling in. I am aware of the time limit as well ...any help please.

 

regards

Tracy

[tracyd]

Hi.

I have just spent a whild looking through what i should do. I have done completed the AoS on MCOL. I have also found a template letter on the forum for a Request for information. Just a bit of advice please. The debt was passed on to CDC debt recovery and they have chased it and who the payment plan was agreed with. The claimant is Tradepro Card Services, who do i actually send the request for information to please.

 

Regards

Tracy

[pmhcfc]

Hi.

I have just spent a whild looking through what i should do. I have done completed the AoS on MCOL. I have also found a template letter on the forum for a Request for information. Just a bit of advice please. The debt was passed on to CDC debt recovery and they have chased it and who the payment plan was agreed with. The claimant is Tradepro Card Services, who do i actually send the request for information to please.

 

Regards

Tracy

 

Have you considered counter claiming? THese charges they are adding (£800 odd debt recovery fee- purlease!!) are almost certainly unlawful. Remember the bank charges are all about proving that it costs the said company that much to process the charge.

[tracyd]

pmhcfc.

Thanks for your reply. I didnt even know i could do that.

The charges are ridiculous. I will certainly do it if i can. Im just trying to get my head what to do. Hopefully with the advice on here i will get it right, just seems a little scary at the moment.

 

Regards

Tracy

[elizabeth1]

Hiya Tracy,

So you've already established that the CCA is correct and as it should be - so no point looking further into that issue.

 

You've made it clear there are charges - so you need to reply to court acknowledging the court claim as soon as you can - BUT (not sure whether to dispute whole thing until a point where you are 100% sure the account and contents are 100% your hubbies - perhaps someone would advise on that point) say on the court form you dispute the balance in the claim. This gives you an extra 14 days to file a defence - I am hoping someone will correct me if I am wrong there with that. But get your reply off to court as soon as you can.

 

As pmhcfc has said your best route is to counterclaim the unlawful charges made to the account once you've confirmed they have right person = right claim - I am sure some would have occured prior to the claim being issued at court - so there is room to question the balance being sought in this claim at least.

 

If you have your statements you can easily work these out and put them into the spread sheet here http://www.consumeractiongroup.co.uk/forum/bank-templates-library/182-6-interest-calculation-spreadsheets.html use them as your counterclaim against the balance owed.

 

If you don't have copies of your statements you can request them under a CPR request for further information from the person who issued this claim (there will be a name and address of who was responsible for filing this claim on the papers - this request needs to be sent to that person) - I would be tempted to allow this person/company 7 days to respond to your request. Also copy the request to court using the claim reference number too so Judge see's you are actively seeking further information for your defence.

 

try this = send it to person who issued claim

your nice house

your nice street

Their 'orrible company person

Their 'orrible company

rotten street

lousy town

 

date xx/ xx/ xxxx

 

Dear 'orrible person,

REQUEST FOR FURTHER INFORMATION

CLAIM NUMBER XXXXXXXXX

I have received the Court claim filed by your Company.

 

To enable me to file a defence and possible 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.

 

Please provide the requested information by the xxth August, which gives you 7 working days to respond.

All statements, list of charges, copy of default notice and proof of postage of that item, statement of account, all information held by original lender and yourselves regarding this account. (I hope others can add to this)

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.

Yours sincerely/faithfully

 

 

ME XX (WRITE DON'T SIGN) send by recorded delivery.

 

Hopefully you'll get more information to file a defence.

 

The telephone calls - you can send the telephone harrassment letter from the template library - they might pay attention to it. You can report them to OFT for harrassment if they continue. I would advise you don't talk to them on phone - if you answer phone and it's them simply tell them to communicate in writing and hang up - don't get into conversations with them.

[tracyd]

Elizabeth

Thank you so much for your reply. I have had a look at all the things i have had from tradepro. As said i have had the correct CCA also i have the notice of assingment to CDC debt company and a default notice..

 

Do you think i should just follow the route with the letter you have outllined asking for a breakdown of all charges etc. I dont know really know what route to take as everything seems watertight with them.

 

I need to get on with it asap so your advice will be appreciated.

 

Regards

Tracy