Court papers receieved from Northampton

[lisagav69]

evening all,

 

I'm in need of a bit of urgent advice as I've been bogged down with nasty flu and can only now manage to get things sorted.

 

I've recieved a form from northampton, claimant being CL Financial Limited/Howard Cohen for a credit card debt to BarclayCard.

 

In all fairness, Barclays have been wonderful, stopped all charges & fees etc when the account got in to trouble. I have CCA'd them a while back and I was provided with a genuine one (the forms are on here somewhere from back in the summer). Other than a few late payment fees the charges are pennies and not worth the hassle to be honest.

I'd like to admit to the claim and request time to pay. I can see I can do that online. Can anyone tell me what to expect when I do this as I'm pretty worried to be honest.

[noomill060]

Could you scan and post up whatever you have received from Northampton? - after removing all personal details.

[lisagav69]

not a problem, will get on it now and post up in the next 10mins or so. They look fine to me though

[lisagav69]

Thank you for your time. Here is a link to the main front page. Recieved in the envelope were 4 double sided blue/white forms, no cover letter. The scan is of the main page, the rest is the response pack, admission form/acknowledgment/defence etc

 

http://i118.photobucket.com/albums/o120/lisagav69/court.gif

[noomill060]

Did you receive a default notice?

 

If so could you also scan it and post it?

 

When is the issue date? You have 14 days to acknowledge which you must.

 

The particulars are typically sparse- you will clearly need more info before you can enter a defence...

[noomill060]

Charges will of course have to be reclaimed along with all interest levied thereon.

 

Any Payment Protection Insurance?

[Goldlady]

I have just had a quick scan through your other thread - if you click on your own username you will find it. Seems that the agreement is enforceable and as you said yourself the charges are pretty minimal. Worst that can happen unless someone on here pulls something out of a hat is that you will get a CCJ but you will get time to pay it based on what you can afford.

[lisagav69]

no, no PPI.

 

This account was litterally run up to the max over a few months and then payments stopped. (there were the usually monthly payments until the card maxed out). I was then paying Mercers until I could no longer afford that when I stopped working to have my daughter. I'm still not working until she goes to school Sept this year, it was my account with my husband as an additional card holder. He is full time employed and we live off his wages.

The account wasn't active for very long and as soon as it was passed to Mercers all fees were stopped and it still remains as the balance when I stopped paying. If there are charges on it they will be less than about £200 as the card was only in use for a few months and the debt is in the high £1000 scale so I really don't want to go down the route of claiming charges if thats possible? I've let this drag on and on and just want to get it sorted.

Is the date on the form I'm working from 5 days after the issue date plus 14 days and is it just working days?

I do have the default notice but not at hand right now, it was a while ago.

[noomill060]

Goldlady- in what way is that application form enforceable...?

[noomill060]

When did you receive this claim form from Northampton?

[noomill060]

When do the charges date from. When was the earliest one?

[noomill060]

You should claim the charges back (plus interest) even if you arent going to put up any other resistance.

 

It will lower the debt if nothing else, and interest soon adds up. The debt may be made up entirely of interest for all you know, unless you look into it you wont know.

[Goldlady]

Goldlady- in what way is that application form enforceable...?

 

I only scanned the thread and that seemed to be the consensus of opinion by greater peeps than me. OK, so maybe it isn't - I will have another look.

 

I have successfully argued against alleged agreements that i have to admit I had reservations about, but in all three cases the creditors backed down.

[lisagav69]

Thanx GoldLady. Trouble is we need to get out of the fixed rate on the mortgage in May and of course the CCJ is going to be a huge problem. How quick do they get granted?

Is it ok then just to admit to the claim and ask for time? What happens then? Sorry for sounding so stupid!!

 

Also, as I'm not working, my only income is child benefit and child tax credit which in total is approx £110 a month, but it's my choice to not go back to work until my daughter is in full time school. This was my account and my husband was just an additional card holder. I don't want to back out of paying but we are not coping as it is having to cash cheques to get by til the end of the month as it is, we do not have any active credit cards.

 

sorry for all the questions!

[lisagav69]

the date is dec 30th so if the dates are to include weekends I have the next 10mins to get on the website for it. i know, stupid girl that I am

[noomill060]

If you just want to admit the lot and have done with it, there will be something on the online form, like you say.

 

I suppose you just turn up at court and explain your circumstances.

 

The judge takes it all into account and makes an order for you to pay an amount you can afford.

[noomill060]

If you arent going to defend, the 14 days is irrelavant.

 

Just admit the debt if that is what you want.

[Goldlady]

Are you sure that the charges are quite low? If you do a counterclaim for the charges it will cost you £70 but it will delay things until you get the mortgage thing sorted out.... If you are going down that road then you need to send a CPR request to them asking for full details about the account, bearing in mind that any charges they have made will also have interest added on.

 

From reading your other thread again it does seem possible that their application form might not hit the spot if the additional pages are not part of the original form, but you won't find that out for sure until you reach court and then you will need to have a judge who understands the CCA.

 

I would fight the whole thing and defend fully on the invalid CCA basis, which will at least buy you some time, but then I am rather used to this now:eek:

[Goldlady]

You should be OK over the course of a weekend. I have submitted stuff two or three days late and got away with it.

[lisagav69]

the card got run up within a month or 2 then we were spending the monthly payments as they went off the card for a few months. The amount claimed (minus costs) is less than £200 of the original limit, and as said before, they stopped all charges/interest very quickly on it and to be very honest, we don't have £70 to even fight it and have run out of people to borrow off.

I'll fill in the admission form tomorrow and get it posted off Monday morning.

 

Thank you for your help and understanding, it's much appriciated

[lisagav69]

I've just been going through drawers and drawers of paperwork looking for the default notice and had a look at my statment from Aug 08.

 

this card was taken out mid 2004 and got in to trouble by the end of that year, I can't find the date right now of when I started paying/stopped paying Mercers.

 

On the Aug 08 statment I do actually have an over limit charge (£12), interest on standard balance & interest on cash balance.

 

I know I've been told to claim the charges so I think I shall go down that route now I know that I have actually been getting charged all along? Do I do the ackowledgment or

 

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

 

or

 

If you admit part of the amount claimed, complete the admission and the defence form

 

 

I'm teriffied as I've not ever don't something like this before!

[Goldlady]

OK, here's the plan. Acknowledge and say that you will be defending. Then you need to send them a CPR part 18 request for full information on the account. Acknowledging will give you another 14 days to submit a defence. If they haven't sent you all the information within that time you then tell the court you are 'embarrassed' as you cannot submit a defence as they have not complied with your request.....

 

Oh and tick the box about it being moved to your local court.

[lisagav69]

thank you!

 

I'm filling it in now... I tick that I am defending the full amount? What about the box for contesting jurisdiction?

[Goldlady]

That is a no - basically means do you want it heard in a different sort of court.

[lisagav69]

Right that's all done. This CPR request? Can I find it in the templates section at all? I think I've seen letters on other threads asking for information after doing this?