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HELP - CCJ Received!!!


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Good morning all, sorry to trouble you guys, but I am in serious problems. I have posted previously on these boards. I will recap - basically back in 2006 I had a Monument Credit Card and I was behind with payments. I sent them final payment to settle the account and thought the matter was dealt with. I subsequently was back and forth from my parents house and so did not realise that Monument had still proceeded to default me and that they had also sold debt onto HFO services ltd.

 

I am now looking to buy a house and was rejected on credit grounds, so I reviewed my credit file and found 2 defaults on my record, 1 from Monument/Barclaycard and 1 from HFO Services. I asked for these to be rectified by Equifax and sent Barclaycard proof of payment etc. They agreed and removed my default, but HFO did not and proceeded to pass the case to Turnbull Rutherford. I have been chasing Barclaycard since NOVEMBER to sort this out and contact HFO, which to date they have not done, I have advised HFO/Turnbull that I was awaiting confirmation from Barclaycard in writing. THey have now proceeded to issue me with a CCJ, what can I do?

 

Please help me, as the previous advice has not worked and now I don't know what to do? Should I just pay up even though I don't think I owe them or what?

 

Thanks.

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No what I am saying is that I settled the original debt with Monument/Barclaycard but they sold it onto HFO who believe that I owe them. I have said to them that I am waiting for Barclaycard/Monument to sort out what has happened and because Barclaycard have taken so long, it appears they have lost all record of this debt, that HFO have proceeded to issue me with a CCJ. What can I do?

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Or....have they issued a county court claim ? if so can you tell us what the particulars of the claim are ?

PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

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The details are as follows: HFO claims for monies due under a regulated interest bearing credit agreement. HFO purchased the account on 25/02/2007 from Monument, apparently they claim a letter of assignment has been provided to me (never received this) and they are claiming interest etc... what to do???

 

HELP PLEASE!!!!

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OK firstly, you need to acknowledge the claim within 14 days of the date on the claim form. State that you wish to defend. But leave submitting a full defence until they have complied with the CPR....send the opposing solicitors this by recorded delivery.

 

If you have paid this debt off, then this would be a vexatious and unlawful claim on their part. You should (if it gets to court) claim back your full costs in the matter)...

 

Send this by recorded

 

Dear Sir,

 

Re: (Claimant's name) v (Your name) Case No:

 

CPR 31.14 Request

 

On (date) I received the Claim Form in this case issued by you out of the (Name) County Court.

 

I confirm having returned my acknowledgement of service to the court in which I indicate my intention to contest all of your claim.

 

Please treat this letter as my request made under CPR 31.14 for the disclosure and the production of a verified and legible copy of [each of the following / the] document(s) mentioned in your Particulars of Claim:

1 the agreement. You will appreciate that in an ordinary case and by reason of the provisions of CPR PD 16 para 7.3, where a claim is based upon a written agreement, a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the original(s) should be available at the hearing. Further, that any general conditions incorporated in the contract should also be attached.

 

2 the assignment

 

3 the default notice

 

Your client should ensure compliance with its CPR 31 duties and ensure that the documents I have requested are copied to and received by me within 7 days of receiving this letter. Your CPR 31 duties extend to making a reasonable and proportionate search for the originals of the documents I have requested, the better for you to be able to verify the document's authenticity and to provide me with a legible copy. Further, where I have requested a copy of a document, the original of which is now in the possession of another person, you will have a right to possession of that document if you have mentioned it in your case. You must take immediate steps to recover and preserve it for the purpose of this case.

 

Where I have mentioned a document and there is in your possession more than one version of that same document owing to a modification, obliteration or other marking or feature, each version will be a separate document and you must provide a copy of each version of it to me. Your obligations extend to making a reasonable and proportionate search for any version(s) to include an obligation to recover and preserve such version(s) which are now in the possession of a third party.

 

In accordance with CPR 31.15© I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.

 

If you require more time in which to comply with this request you must tell me in writing. You must tell me before the time for compliance with this request has expired. In telling me you require more time you must tell me what steps you have taken and propose to take in order to comply with this request and also state a date by when you will comply with this request. In addition your statement must be accompanied with a statement that you agree to an extension of the time for me to file my defence. Your extension of time must be not less than 14 days from the date when you say you will have complied with my request and you must state the new date for filing my defence.

 

If you are unable to comply with this request and believe that you will never be able to comply with this request you must tell me in writing.

Please note that if you should fail to comply with this request, fail to request more time or fail to agree to an extension of time for the filing of my defence, I will make an application to the court for an order that the proceedings be struck out or stayed for non-compliance and a summary costs order.

 

I do hope this will not be necessary and look forward to hearing from you.

 

yours faithfully

PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk/forum/content.php?65-legislation

 

IF WE HAVE BEEN HELPFUL -PLEASE, PLEASE, PLEASE GIVE A DONATION TO HELP US TO CONTINUE HELPING YOU

 

I AM HAPPY TO RECEIVE PM's AND I WILL RESPOND IF I FEEL I CAN ASSIST BUT WHEN YOU DO CAN YOU PLEASE PROVIDE A LINK TO YOUR THREAD ON WHICH YOU WOULD LIKE ME TO COMMENT - THANK YOU

 

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See if they respond to this....after acknowledging the claim form, you get a further 14+3 days to submit a defence. But see if they comply with the CPR letter. When it comes to court time, you should have the confirmation of the debt being paid too.....the judge will be furious that this has come to court as it seems the backside doesn't know what the elbow is doing and this is just an appalling lack of communication...!!

PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk/forum/content.php?65-legislation

 

IF WE HAVE BEEN HELPFUL -PLEASE, PLEASE, PLEASE GIVE A DONATION TO HELP US TO CONTINUE HELPING YOU

 

I AM HAPPY TO RECEIVE PM's AND I WILL RESPOND IF I FEEL I CAN ASSIST BUT WHEN YOU DO CAN YOU PLEASE PROVIDE A LINK TO YOUR THREAD ON WHICH YOU WOULD LIKE ME TO COMMENT - THANK YOU

 

IMPORTANT - If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.

Before you decide,consider the users here who have already offered help and support.

Private message facilities are offered for users to communicate issues that are/or could be seen to be inappropriate for posting on the main forum.Site rules explain this in more detail.

If you are approached by private message with a view to asking you to visit another website,please inform the site team via the report icon.

 

Forum rules - http://www.consumeractiongroup.co.uk/forum/forum-rules-please-read/9-forum-rules-please-read.html

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Thanks. So I send that letter to HFO/Turnbull plus County Court? Also what do I do with barclaycard? Do I send them this letter? Sorry just confused, fed-up and scared. If only Barclaycard/Monument had not farted around this would have been resolved by now. Can I claim against them?? Thanks.

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Send the CPR (Civil Procedure Rules) letter to Turnbull Rutherford by recorded delivery.... and please do have a read here (and at some other Turnbull Rutherford threads) - http://www.consumeractiongroup.co.uk/forum/legal-issues/159445-getting-them-reveal-their.html

 

you do not need to send the letter to court at this stage, just acknowledge the claim (is this through Northampton Court ?).....stating that you will be defending the whole claim...

PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk/forum/content.php?65-legislation

 

IF WE HAVE BEEN HELPFUL -PLEASE, PLEASE, PLEASE GIVE A DONATION TO HELP US TO CONTINUE HELPING YOU

 

I AM HAPPY TO RECEIVE PM's AND I WILL RESPOND IF I FEEL I CAN ASSIST BUT WHEN YOU DO CAN YOU PLEASE PROVIDE A LINK TO YOUR THREAD ON WHICH YOU WOULD LIKE ME TO COMMENT - THANK YOU

 

IMPORTANT - If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.

Before you decide,consider the users here who have already offered help and support.

Private message facilities are offered for users to communicate issues that are/or could be seen to be inappropriate for posting on the main forum.Site rules explain this in more detail.

If you are approached by private message with a view to asking you to visit another website,please inform the site team via the report icon.

 

Forum rules - http://www.consumeractiongroup.co.uk/forum/forum-rules-please-read/9-forum-rules-please-read.html

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Thanks for that, yes it is Northampton Court. Will print and send off today. Sorry but can you please just list exactly what I should do now? I am still waiting for Barclaycard to provide proof/confirm in writing that my debt with them was settled. Thanks.

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Acknowledge the claim online (do this within the 14 days of the date on the claim form)....

Send the CPR letter above recorded delivery to Cohens ASAP

Remember you have an additional 14+3 days in which to submit your defence - KEEP A CLOSE EYE ON THE TIMESCALES

Read these forums and get as much information as you can.

Press BC for the confirmation letter as much as you possibly can.

PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk/forum/content.php?65-legislation

 

IF WE HAVE BEEN HELPFUL -PLEASE, PLEASE, PLEASE GIVE A DONATION TO HELP US TO CONTINUE HELPING YOU

 

I AM HAPPY TO RECEIVE PM's AND I WILL RESPOND IF I FEEL I CAN ASSIST BUT WHEN YOU DO CAN YOU PLEASE PROVIDE A LINK TO YOUR THREAD ON WHICH YOU WOULD LIKE ME TO COMMENT - THANK YOU

 

IMPORTANT - If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.

Before you decide,consider the users here who have already offered help and support.

Private message facilities are offered for users to communicate issues that are/or could be seen to be inappropriate for posting on the main forum.Site rules explain this in more detail.

If you are approached by private message with a view to asking you to visit another website,please inform the site team via the report icon.

 

Forum rules - http://www.consumeractiongroup.co.uk/forum/forum-rules-please-read/9-forum-rules-please-read.html

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Hi all change of facts. It now seems Barclaycard claim they advised me the debt was settled as they had no details of the account. They claim they bought Monument in June 2007 and this debt was defaulted in Novemeber 2006. Now I have sent letter to HFO/Turnbull Rutherford as advised, but now what do I do with regards to proving the debt was settled? Who can I contact? Also the debt was settled by my father as I was having some problems back then, and he has severe Parkinson's disease and so it is hard to get bank statements in respect of that payment. Please what should I do???? Thanks.

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