Claim form from Bank of Scotland

[gubbins1]

Hello all , can i just say what a great site this is , must be a help to a lot of people.

 

My problem is similar to a few others that I have found in a few threads, and has probably been done to death , but any help/advice anyone can give will be greatly appreciated.

 

After my business failed , I was left with a heavy debt on my Halifax Credit card which I had no way of paying . After being chased by Wescott Credit Services , I have now received a claim form filed by the Bank of Scotland With the Kingston Upon Hull County Court.

 

Can anyone offer any advice , or point me in the right direction for threads that might provide the information I need on the best way to proceed ?

 

Thanks in advance

 

Paul.

[Conniff]

Welcome gubbins.

 

This is exactly what the CAB was saying in a public statement they made that the banks are the major cause of problems in that they will not come to an arrangement to help people in trouble pay back what they can afford.

 

Prepare a full list of all outgoings and income for presentation to the court, do you have children?

Gather together all proof you have of outgoings and income you are receiving, it makes it easier for the judge.

 

The judge won't allow you to go hungry so will make a payment schedule that you can afford for you to keep to.

[gubbins1]

Thanks for the advice coniff . Having been reading through the site a bit more , it seems that you can contest wether you owe any debt at all. It seems that a few lucky people have been able to write off their credit card debts with a few well worded requests. I just wonder, now that it has got as far as the county court , if I have left it too late to get the debt expunged.

 

I will send off a request for my original CCA as this seems to work for people.

Or am I getting the wrong end of the stick about this process ?

[Conniff]

No it's not too late - do it today, get it in the post this afternoon The post office is still open so you have time to get your £1 postal order.

 

Make a note in the letter though that the £1 is payment for the cca and nothing else.

[gubbins1]

Thanks again Coniff , I'll catch the last post. Can I pick your brains again , and ask how best to fill in the claim form ?

 

Do I defend all of the claim ? And if so what would be my defence ?

 

One more thing , if I contest Jurisdiction , could I move the claim to a court closer to home ?

 

Thanks again ,

 

Paul.

[Conniff]

Have you a date of appearance ?

 

Have you paid anything off the debt?

 

Have you had default letters from the Bank?

 

Yes it will be moved you your hometown.

[gubbins1]

Yes , I have an issue date of 26th August , and will apply for 28 days with the acknowledgement of service , which gives me until 2nd October.

 

I have paid off some of the debt through ongoing monthly payments in the past , and I think I made a one off payment of £ 100 to Wescott when they phoned . Does this negate any defence ?

[davethorp]

Yes , I have an issue date of 26th August , and will apply for 28 days with the acknowledgement of service , which gives me until 2nd October

 

The 28 days runs from the issue date not the date the claim is acknowledged unless I'm mistaken so the deadline elapses a bit earlier than you think

[gubbins1]

Thanks Dave, I did call the court and they gave me a date of 2nd of October.

 

I'll work to the 28 day timetable though , just to be sure.