So scared and don't knowwhat to do next. Robinson way have issued a CC claim against me

[amber2508]

Hi there

I hope i am posting this in the right bit and i hope you can understand what i am on about i'm a bit confused at whats what when it comes to legal stuff.

I got some court papers in the post on Saturday 16th August from Robinson way and H farrelly who are acting for Capital one. The total amount is for just short of £1150.00 + £65 court fee and £80 solicitors fees. I was paying £10 off a month (couldn't even afford that), but missed the last 2 payments because i just didn't have the money to pay, so i suppoze i deserve it really. The only thing that upsets me about it all is that the original debt was £600, (paid about £200 off that so far) so the rest is all charges. So about nearly £700 in charges.

 

Can i counterclaim against this or do i just have to accept it and go to court? To be honest if they took our income into account at court i would probably end up having to pay less than the £10 a month i was paying off originally. I am disabled and have been unable to work for nearly 3 years so we are relying on 1 salery which is peanuts.

 

I have got myself into a right pickle with debts due to not working. I alway's paid my debts when i worked. There are another 3 debts with different companies that i am owing to also, but i have just been sticking my head in the sand hoping they will go away. I just don't know what to do anymore. I have default noticed coming left, right and centre. Even got 2 default notices from my bank in the past 3 months for my overdraft, which they've taken off me. I want to clear the debts but just don't know where to start. All the letters i get are from Debt collection agency's and are piling up. I just hide them in the draw so i can't see them.

 

Can anyone please help me and explain what i have to do next with this court form? I'm rubbish at official stuff and feel intimidated by it all.

 

Any advice will be much appreciated.

 

Sorry to go on a bit.

 

Thank you.

[pt2537]

Hi Amber, you have posted in the wrong forum. this is where the threads go when the cases have been won

 

dont worry though, i iwll move your thread in a minute,

 

can you let us know what their particulars of claim are please? do not include any personal info obviously, but we will need to know what tehy are claiming

 

also, if you can let us know if they have included the account number and if they have, is it correct?

 

Once we have this info we can help further

 

regards

 

paul

[Alphageek]

Hi Amber, as pt says don't worry you'll get lots of help here.

[amber2508]

Oppss sorry about putting the thread in the wrong bit. How will i find it when you've moved it? Sorry i'm rubbish at this. Thank you for the quick response btw.

 

The particulars of claim bit says

The claimant claims outstanding monies due and payable by the defendant under a credit agreement whereby the defendant agreed to repay with interest the value of the credit obtained.

 

The number they have put on the claim form is called a reference number, theres no account number. I have looked back at my statements and there is no mention of a reference number only an account number on them which is 16 digits long, whereas the referece number on the court papers is 9 digits.

 

Hope that helps.

[pt2537]

Dont worry about finding the thread

 

you found it after i moved it;) as i moved iot when i made the earlier posting

 

so, is that ALL their claim says?

 

The claimant claims outstanding monies due and payable by the defendant under a credit agreement whereby the defendant agreed to repay with interest the value of the credit obtained.

 

does it say anything else at all?

 

also does it say anything about them claiming interest pursuant to S69 County Courts Act 1984?

[amber2508]

Dont worry about finding the thread

 

you found it after i moved it;) as i moved iot when i made the earlier posting

 

so, is that ALL their claim says?

 

 

 

does it say anything else at all?

 

also does it say anything about them claiming interest pursuant to S69 County Courts Act 1984?

 

What i typed was all it says in the Particulars of claim box. Then it's signed by Horwich Farrelly as authorised by the claimant.

[pt2537]

What i typed was all it says in the Particulars of claim box. Then it's signed by Horwich Farrelly as authorised by the claimant.

 

Well, you'll be pleased to hear that their claim is absolutely rubbish, their statement of case fails to comply with the CPR and is something that we can deal with

[amber2508]

Really? Omg!! How's that then? I am reading the right bit arn't? Is the particulars of claim box the only bit where stuff is written, because i have looked through all the other pages that come with it and it's just stuff about responding and acknowledgment etc.

[pt2537]

Really? Omg!! How's that then? I am reading the right bit arn't? Is the particulars of claim box the only bit where stuff is written, because i have looked through all the other pages that come with it and it's just stuff about responding and acknowledgment etc.

 

Now then, just to put your mind at rest,

 

was the claim issued in the Northampton County Court? it should tell you this in the top right hand corner

 

if it was then there will be a box on the left hand side of the form near to the bottom with the particulars of claim in them

 

if this is the case and those POCs were ALL that is on the form then they are in trouble, their claim is deficient and cannot succeed as matters stand

 

CPR part 16 sets out what must be in a statement of case and this does not comply with CPR 16;)

[amber2508]

Thanks again for replying.

 

Yes the form is from Northampton court

 

This is what is on the tront page of the form.

Left side

Claimant

Address for docs and payment

Defendant

POC

Signed

 

Right side

Claim number

Court address

Amount claimed xxx

Court fee

Solicitors fee.

Total amount.

 

Thats everything.

[pt2537]

well, as i said, the claim is deficient

 

however, they can amend it BUT this isnt a good start for them is it

 

dont worry at the mo, the first thing you need to do, is file the acknowledgement of service and you have upto 14 days to do this so dont panic

 

i ma out all day today but i will be back later tonight to give you some more guidance and advice

[amber2508]

Thank you so much for helping me.

[amber2508]

well, as i said, the claim is deficient

 

however, they can amend it BUT this isnt a good start for them is it

 

dont worry at the mo, the first thing you need to do, is file the acknowledgement of service and you have upto 14 days to do this so dont panic

 

i ma out all day today but i will be back later tonight to give you some more guidance and advice

 

Hi again pt2537

Could you let me know what the next step is with this court form as i havn't a clue tbh.

Is there a letter or something i need to write or anything i need to send off?

 

Thank you.

[havinastella]

Hi Amber,

 

Just make sure you acknowledge the claim, that'll give you an extra 14 days, so normally 33 days to defend the claim.

 

JOgs

[amber2508]

Hi Amber,

 

Just make sure you acknowledge the claim, that'll give you an extra 14 days, so normally 33 days to defend the claim.

 

JOgs

 

Awww thank you havinastella for replying, i was beginning to flap.

 

Is that all pretty straight forward and just a matter of filling in the form, or do i add a letter with the form also?

 

Sorry for all the questions.

[Alphageek]

As this was issued at Northampton, you can do the acknowledgement online here.

 

Easier than the form and won't cost you any postage.

 

You'll need your claim number and the password that will be printed about halfway down the right hand column.

[amber2508]

Can anyone answer this query for me?

 

If/when i end up in court with this case. Am i allowed to let someone else speak for me in court? Say a friend or partner for instance? I am a very shy person and just havn't got the confidence or the know how to present my case, or talk infront of all these important people types you see.

 

Thanks

[amber2508]

Can anyone answer this query for me?

 

If/when i end up in court with this case. Am i allowed to let someone else speak for me in court? Say a friend or partner for instance? I am a very shy person and just havn't got the confidence or the know how to present my case, or talk infront of all these important people types you see.

 

Thanks

 

Bump

 

Can anyone answer me the above question please.

 

Also when i complete the acknowledgment on the form do i accept only part fault or no fault? I still havn't acknowledged yet because i don't know what to put.

 

Sorry i'm rubbish i know.

 

Thanks.

[creditcardmug]

Hi, yes you can have someone else speak for you and it would be in your local court, if it ever gets that far.

From what you have said so faar, i would tick defend all of the claim, print out the reciept when prompted.

You need to acknowledge ASAP as you only have 14 days from the date on the form.

When you have done this you need to send a letter to the other side called a CPR18 request for information.

 

Have you sent a CCA request to Cap1?

Who is the claimant named at the top of the claim form?

[amber2508]

Hi, yes you can have someone else speak for you and it would be in your local court, if it ever gets that far.

From what you have said so faar, i would tick defend all of the claim, print out the reciept when prompted.

You need to acknowledge ASAP as you only have 14 days from the date on the form.

When you have done this you need to send a letter to the other side called a CPR18 request for information.

 

Have you sent a CCA request to Cap1?

Who is the claimant named at the top of the claim form?

 

Thank you

 

Claimant is Robinson way & co ltd.

 

I'm a little confused as to how i can tick 'defend all' if i do owe part of the balance, albeit only around £400 of the £1150 they want from me, (the rest is charges). Could someone explain why i tick defend all and not part blame? I didn't realise i only have 14 days from the date on the papers, i thought it was considered served 5 days from the date on it so was counting 14 days from that date, eek!

 

15th is the date on the form.

[amber2508]

Ooops forgot to say

 

No i havn't cca'd them, didn't know.

[creditcardmug]

Sorry, yes you do get the 5 days for posting, but theres no sense in letting it go to the wire, if you dont acknowledge in time they will go for default judgement and you will have a ccj.

Now the thing is you dont know whether they have a valid agreement, most cap1 agreements are unenforcable, in fact ive never seen one on here, so theres a good chance they would lose their case on that basis.

 

theres many other things you can put into your defence, like have you had a valid Default Notice?, Have you had a Notice of assignment?, you dont even have proof that Robinson Way own the debt! Thier POC is pathetic,i think you said theres not even an accuont number on it, its for these reasons i think you could defend all of the claim.

 

However, you could admit part of the claim and deny the rest, they would then no doubt argue that you owe the full amount claimed.

So its your decison, but i think you should decide now and start acting before you start losing you options.

Regards CCM

[tendogs]

subbing

[questioning]

Hi Amber,

Just quickly read your thread so far.

You really need to watch the dates so you don't miss the deadline for filing your defence.

I have seen three people on here this week who had to get a defence from scratch at the very last minute. They were very lucky to get a defence in at all. They got the help they needed and managed it but were very lucky to do so.

It seems like a long while but it creeps up on you.

You should also start reading some of the threads so you know what you might be up against. Although people on here will often write your defences for you, or help you to do it you really need to understand what is being said in your defence and will feel empowered once you start learning.

i agree with CCM it is usual to defend the whole of the claim.

Amber when did you take this card out, I'm assuming its a credit card?

[amber2508]

Hi Amber,

Just quickly read your thread so far.

You really need to watch the dates so you don't miss the deadline for filing your defence.

I have seen three people on here this week who had to get a defence from scratch at the very last minute. They were very lucky to get a defence in at all. They got the help they needed and managed it but were very lucky to do so.

It seems like a long while but it creeps up on you.

You should also start reading some of the threads so you know what you might be up against. Although people on here will often write your defences for you, or help you to do it you really need to understand what is being said in your defence and will feel empowered once you start learning.

i agree with CCM it is usual to defend the whole of the claim.

Amber when did you take this card out, I'm assuming its a credit card?

 

Thank you for replying. I feel like i am wasting everyones time because i just havn't got a clue what to write or how to do these sort of things and that is why i keep putting off actually picking the form up and looking at it.

 

I am answering yours and CCM's questions on this post it's just easier than quoting every post.

 

1 I took the card out in 2001 or early 02 and yes it's a credit card.

 

2 I don't think i've ever had a default letter, not seen one anyway.

 

3 I've had the court papers but i didn't get an LBA (is that normal?). Arn't i suppozed to get a letter like an LBA to let me know their intentions before actually sending the court claim? Because i definately havn't had anything like that. Infact my last letter was just thanking me for my last payment etc, which had been a couple of months previous.

 

4 I don't know what a Notice of assignment is so can't say if i've had one or not. Not got anything with those words written on anyway.

 

5 I havn't cca'd them ever, should i do that asap? Do they have to send it in time for the court day, or before?

 

Eckythump i'm in twubble arn't i?

Edited August 29, 2008 by amber2508