another ccj - deep joy

[Suffolkgal]

well, got another ccj in the post today.

 

i feel like jacking it all in.

[r&b]

well, got another ccj in the post today.

 

i feel like jacking it all in.

 

 

Suffolk, i know its hard but all i can say is that there comes a point where u see a very very slight glimmer in the distance and if u can grasp that and hold it, u will pull thru this mire, however large the obstacles seem.

have u tried asking for any help here. give some details of the problems, types of debt/judgment, dates any disclosure requests u have made etc etc and this community will do its best to help. u have a great support network here if u tap into it, so why not give it a go.

[42man]

Hey SG......don't let it get you down, we're here to try and help and remember there are always people who are in worse situations than yourself.....What are the particulars of the claim ?

[Suffolkgal]

it's like i could really do without this at the moment, i'm trying to get college work donw which has to be handed in next week... arrgh!!!

 

 

thanks r&b, 52man,

 

the poc are as follows:

The claimant claims the whole of the outstanding balance due and payable under an agreement and/or associated agreements made with the defendant in writing and dated 01//10/2006 and assigned to the claimant. the agreement and/or associated agreements are regulated by the consumer credit act 1974. the defendant has failed to make payment as required by the agreement and/or associated agreements and to comply with a default notice or notices served by claimant and/or assignor.

 

and the claimant claims:

1.£xxxxx

2. interest pursuant to section 69 county court act (1984) at a rate of 8.000% per annum from 23/03/09 to 08/06/09 of £51.29 and thereafter at a daily rate of £0.690 to the date of judgement or sooner.

 

verbatim.

[r&b]

 

thanks r&b, 52man,

 

nice to see u 'promoting' 42man

 

the poc are as follows:

The claimant claims the whole of the outstanding balance due and payable under an agreement and/or associated agreements made with the defendant in writing and dated 01//10/2006 and assigned to the claimant. the agreement and/or associated agreements are regulated by the consumer credit act 1974. the defendant has failed to make payment as required by the agreement and/or associated agreements and to comply with a default notice or notices served by claimant and/or assignor.

 

have u any documentation or have u asked for any? Cred Agrmt, Deflt Notice, Term Notice, etc?

 

and the claimant claims:

1.£xxxxx

2. interest pursuant to section 69 county court act (1984) at a rate of 8.000% per annum from 23/03/09 to 08/06/09 of £51.29 and thereafter at a daily rate of £0.690 to the date of judgement or sooner.

 

they are not allowed to claim this interest as its a credit agreement. they can only claim interest within the terms of the agreement, if its there.

 

verbatim.

 

is the amount claimed over £5k ?

[Suffolkgal]

the amount on the ccj is under £4k.

[r&b]

what abt the doc rqsts etc? have u dun any?

[Suffolkgal]

not for this one. the debt was from a store card i got years ago, and i've been meaning to send off a cca request but got sidetracked by college work.

[the_shadow]

If its governed by the CCA1974 then they'll need to have issued a kosher Default Notice.

 

Have you got one? Have you had a termination letter prior to this claim? Did you get an LBA prior to receiving court papers?

 

S.

 

Oh and how long ago did you apply for the card??? roughly!

[Suffolkgal]

i can't recall having received a DN or a termination notice, i'll have to go back through the letters. i've had this card for possibly about 10 yrs.

[42man]

OK...send off a CCA request to whoever owns the debt now.....send recorded with a £1 postal order....then remeber you have to acknowledge the claim within 14 days of the date on the claim form, I presume you will be defending all ? After acknowledging you get a further 14+3 days in which to submit a defence....but the first step is to send this (recorded del.) to the claimant (or the opposing solicitors)

 

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

 

.Although your claim is for a sum which is not more than £5,000.00 and will in all likelihood be allocated to the small claims track for determination upon my delivering a defence, at this moment in time I have not delivered my defence and the case has not been allocated to a track. In consequence the provisions of CPR 27(2) are of no effect and you should not seek to avoid compliance with your CPR 31 duties by claiming otherwise.

 

You should ensure compliance with your CPR 31 duties and ensure that the document(s) 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

 

[42man]

Keep a close eye on the timescales....as the account is so old, my feeling is they will struggle to find all the relevant paperwork....

[the_shadow]

i can't recall having received a DN or a termination notice, i'll have to go back through the letters. i've had this card for possibly about 10 yrs.

 

Reading the POC they claim to have issued default or defaults but its vague and doesnt give dates, I've seen POC's with dates but I've also seen ones without

 

If you could look for them...

 

You need to acknowledge the claim and if you feel confident with the help of this site then indicate to defend all the claim.

 

S.

[r&b]

i think its already received judgment for the Claimant Shadow. looks like we need to get grounds for set aside. some doc disclosure wud be a gd start. as its below £5k (unless costs can bolster it?) are we not prohibited from using CPR for disclosure or have i got that wrong? is that ok before its allocated to track?

[Suffolkgal]

i am very confused about the bit in the poc ref an agreement made in writing on 1/10/2006- as i can't recall this at all. i only got into financial trouble last year.

 

 

OK...send off a CCA request to whoever owns the debt now.....send recorded with a £1 postal order....then remeber you have to acknowledge the claim within 14 days of the date on the claim form, I presume you will be defending all ? After acknowledging you get a further 14+3 days in which to submit a defence....but the first step is to send this (recorded del.) to the claimant (or the opposing solicitors)

yep, i'll get onto this.

[Suffolkgal]

i think its already received judgment for the Claimant Shadow. looks like we need to get grounds for set aside. some doc disclosure wud be a gd start. as its below £5k (unless costs can bolster it?) are we not prohibited from using CPR for disclosure or have i got that wrong? is that ok before its allocated to track?

 

 

i've only received the ccj clain form from Northampton CC today so no judgement on this yet. the papers say Link Financial are the claimaint, and they are a independant DCA? not an inhouse DCA?

[r&b]

i've only received the ccj clain form from Northampton CC today so no judgement on this yet. the papers say Link Financial are the claimaint, and they are a independant DCA? not an inhouse DCA?

 

oh im sorry i thought u had the ccj thru the post......wrong end of the stick completely...ignore me i get my medication soon..lol

[Suffolkgal]

oh im sorry i thought u had the ccj thru the post......wrong end of the stick completely...ignore me i get my medication soon..lol

 

 

when you get some pass a few to me!!! I've managed to do almost 1/2 of a case study for college this morning and it sorta makes sense as well!!!

[42man]

The POC's are very vague......i'd be using this defence, especially so if you never signed an agreement in 2006 !!! - http://www.consumeractiongroup.co.uk/forum/legal-issues/161469-1st-credit-animal-2.html or this one - http://www.consumeractiongroup.co.uk/forum/legal-issues/160703-urgent-help-needed-robinson.html#post1721582

[Suffolkgal]

thanks 42man.

[Suffolkgal]

right, off to the post office soon to send the cpr 31.14 request - got a letter today from link saying they have applied £102 litigation charge to my account!

[Suffolkgal]

right, now i finished my course work i can concentrate on this. i have to do the online acknowledgement and as i'm gonna defend it (as i've not received a termintion notice, a dn and i never signed anything in 2006.) i was wondering what i need to put down as my defense?

 

any ideas??

 

thanks in advance