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

[tendogs]

subbing

[tendogs]

Morning Amber,

 

Most of us have been in the same position regarding the impenetrable language; I for one still am to a very great extent. There’s a term for it (there had to be didn’t there?) they’re known as gnoseological structures (yes I know! :eek:The G is silent by the way ). It’s the kind of word structures that develop in and around a specialist activity like medicine, engineering, plumbing, car mechanics, law etc. The theory is that it acts as a short-hand allowing one specialist in a particular field to communicate with another specialist and put a lot of meaning into a very few words. Another theory is that the language is designed to exclude non specialists so that specialists can charge huge amounts of money to interpret the language for outsiders. I know which theory I support.

 

We’re lucky in that we have people belonging to this forum who understand what’s going on, can speak the language of this kind of law, and you have some of them subscribed to your thread and they will help you find your way through this. I’ll re-iterate what has already been said, you need to acknowledge the CCJ and you can do this on line, this will give you more time to develop a defence (you will receive help for that). I understand your confusion about defending the whole amount, as far as I understand it you’re not denying that the debt exists but you are saying that it might not be enforceable under the rules of the consumer credit act.

 

You don’t have to prove anything, the people who have brought the case have to prove that they have an enforceable debt and you are going to ask them to prove it by making them produce the documents that should be in their position in a legible form demonstrating that the debt is enforceable. There are various ways you can do that and others, more experienced than I, will point you in the most appropriate direction. The way the documents are laid out, the order in which they are given to you and how they are given to you, are governed by quite strict rules and it is flabbergasting how often these rules are broken. For example there are rules that govern how Particulars of Claim (POC) are presented on the form you received from Northampton and they seem to have made a mess of that.

 

This is not about deliberately trying to avoid debt; the people who have taken this action against you do not care about you, or the people who love you, and they will not hesitate to use the law to take every penny that they can squeeze out of you. All you are doing is using the law to protect yourself because you found yourself in a position over which you have no control.

 

We’ll all keep an eye on what’s going on on your thread so if you need help just shout.

 

Best wishes,

 

Dogs

[tendogs]

Good afternoon Amber,

You can acknowledge on line. If you look at the document from Northampton about half way down on the right hand side you will see a password. Log on to Money Claim on Line at www.moneyclaim.gov.uk enter the password and it is fairly intuitive as to how you acknowledge.

Do that first and then we can look at what you need to do next. Let us know when you’ve done the acknowledgement.

Dogs

[tendogs]

Thanks CCM it’s good to know someone is there.

 

Amber once you have acknowledged then you need to find out what documentation they have so that you can check it out and work on your defence.

 

There are three ways that you can do this, the first is to require them to send you a true copy of the executed credit agreement using the Consumer Credit Act (CCA) this will cost you £1.00, secondly you can issue a Subject Access Request S.A.R - (Subject Access Request)) using the Data Protection Act that will cost you ten quid and thirdly you can require them to disclose all the documents that they will be relying on in court to support their case and you do this using part 18 of the Civil Procedure Rules (CPR) this cost you nothing.

 

That’s why people who post on the forum ask you if you’ve CCAed, SARed or CPRed someone. My preference is for the last option though you can do all three if you wish. If they respond you can work out a defence, if they don’t that, in and of itself, is a defence.

 

I’ll try and post up the various links to the form letters later unless someone else wants to do it. Off to feed the chickens. Best wishes,

 

Dogs.

[tendogs]

Thanks questioning, just looked at Amber's first post and it's £1150.00 not the £11500.00 I thought it was. Sorry for the confusion.

 

Dogs

[tendogs]

Well done Amber, you've made a start. CCM will take you through the rest.

 

Dogs

[tendogs]

Good morning Amber, it drives you nuts doesn’t it? First I’m a novice but I do have to say that having a warrant of execution issued is a bit of a damp squib.

 

When and if, it is issued the bailiffs will send you a letter saying that they have the warrant and will not call for at least ten days after that. If they do call they will not come in a van with “BAILIFFS” written down the side rather it will be one bloke.

 

They all seem to be pretty world weary, accommodating and have little desire to cart your stuff away. If you tell them they can’t come in they will not try and force an entry, they know the rules.

 

If you do receive a letter from them there will usually be a mobile number you can use to contact the bailiff for your area. If you tell the bailiff you are either going to make an application to have the judgment set aside or an application to have the amount you pay varied they might even send you the forms.

 

You have to make a decision; do you go for a set aside or not? From what I can tell from the thread there was nothing wrong with your defence you lost solely as a result of your non-attendance. Your polyarthritic incident in and of itself might be grounds for set aside if you can get a letter from your GP.

 

I am not advocating complacency in anyway but this is still manageable even at this stage. I have to go out with my boy now but I will get back to you when I return.

[tendogs]

Anyway, where was I? Right the warrant of execution is not really that much of a bother. I have had one issued against me about two years ago and I’ve not seen a bailiff yet. Same boat as you and I’ve applied to have the judgment set aside twice, failed in those attempts (bad case from me, this was before I discovered CAG) and I’ve applied to have the payments set at one pound a week (still to be heard). Again, and I must emphasise this, I do not advocate my rather lackadaisical attitude to these things but, no one is going to forcibly remove your partners goods.

 

You must decide what you’re going to do. You can apply to have the judgment set aside or you can apply for re-payments to be set at a level you can afford. If you are exempt from court fees then, personally I would go for the set aside option first and if you fail with that then go for re-payments.

 

Whichever you choose you will have to attend court and I can see from your thread that you find the thought very worrying. As for the N244 in the box that asks “what order are you asking the court to make and why” I would put something along the lines of (I am asking for the judgment to be set aside because I was unable to attend court and present my defence because of physical disability, please see attached note from my GP) as for the rest, the defence you used initially seems sufficient to me.

 

Let us know what you decide to do. Remember you can take a McKenzie friend to court with you check this McKenzie Friend - Wikipedia, the free encyclopedia and it will give you an idea about what they can do in a small claim court.

[tendogs]

Amber, how are you?