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maxine989

Have I made a Big boo boo - Incasso LLP court claim form

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I have a big debt with Natwest... just over 5k.

 

I couldn't afford the repayments on the personal loan due to a change in family income... and the account went into arrears, charges made the bank account spiral out of control. And so now they have closed my account and trying to get the loan money, overdraft amount and the charges that had built up in my account from me in one swoop.

 

The debt was then sold on to Triton... who I wrote to explaining my situation and offered them a pro-rata offer... but no response.

 

The next thing I know the debt in the hands of INCASSO LLP... who sent me a count court claim form on behalf of the claimant who is Natwest.... The claim form is all official, has the county court stamp on and everything... saying I had 14 days to respond.

 

So I ticked the box to say I owed the debt but needed more time to pay... sent it off with a budget expenditure form enclosed.

 

Should I have sent this? Have I done the right or wrong thing in returning this signed form to Incasso LLP?

 

The more I read... the more I get confused.

 

And... while I am here... what is a CCA?

 

Sorry to sound a bit vague. I am slowly learning more about the whole debt strategy, but in the meantime, could do with a bit of advice/feedback.

 

Thanks

Maxine :-)


Moodle

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Hi

 

Ok CCA is the Consumer Credit Agreement which is what you would have signed when taking the loan out. Some CCAs are not of the prescribed terms which then makes them unenforceable.

Any chance you can scan or photo your CCA (if you have the original but remove your personal details from it first) then all can have a look and see if its enforceable.

Also if you can scan the POC (particulars of claim on the CC papers)

We all tend to panic when court papers arrive I did exactly the same and admitted to the amounts although not fully and also said I could pay xxx pounds a month. With the help of everyone on the forum I managed to get some form of defence together and we managed to get the case struck out.

You need someone with more knowledge than I have of this matter and I'm sure someone will be along soon.

DG

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I have no legal training my knowledge comes from my personal life experiences

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Thank you for the feedback diamondgirl.

 

Yes I did panic and sent the court claim form promptly back... but the more I read and learn here on CAG, the more I realise I may have been hasty.

 

The POC just states:

 

'The claimants claim is in respect of monies due pursuant to an account maintained by the claimant.

 

And the clamaint claims:

1. £5,726.28'

 

The company dealing with the documents is called Incasso LLP who are a debt recovery agency... is that the same as a DCA?

 

I have looked for my original CCA but can not find it, and so am editing a template CCA request letter to send off tomorrow to Natwest with a £1.00 cheque.

 

If anyone has any ideas on what I should do about this then please holler.

 

:-)


Moodle

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There is obviously going to be charges on this.

Also was there PPI on it as well.

You could also claim for these additional charges.

Yes just the same as a DCA.

The more info you can provide the better but remember to remove any personal information.

DG


I have no legal training my knowledge comes from my personal life experiences

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When did you send off the form of admission? Have they entered a judgment yet?

 

I suspect that you are going to have a defence.

 

We need to clarify the current position - I think that you are going to need to apply to set the judgment aside - you complete an N244 but lets take it stage by stage.

 

I'm a bit unclear - are you sure that the account was sold to Triton? Could they have just been working on behalf of Natwest?

 

Do you have any documents - default notice, loan agreement etc - if you have could you post them for us to have a look at

Edited by I've got no money

If I've helped feel free to add to my reputation.

 

I am not a Practising Lawyer. My comments are my opinion only. You should not rely upon those comments and should always take your own professional advice from a practising Solicitor or Barrister

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Subscribing...


"To love unconditionally is the greatest gift, laughter is a close second" .To give your time to help others after being helped here is the best way to show your appreciation to your fellow CAG members.

 

Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts. All my knowledge has been gained here, for which I'm very grateful. I'm a Journalist, not a law professional.

 

If you do PM, make sure to include a link to your thread as I don't give out advice in private ;)

BB 13 - DCAs/banks and solicitors 0.

 

I get a fresh start to get on with learning to live with severe disabilities when they could have had something if they'd been understanding...

 

<--- If you feel I've helped, please twinkle my star :)

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I sent the form of admission off a few days ago... sadly before I began look a bit more into it.

 

I have no idea what to do about a defense... am just getting to grips with the whole caboodle.

 

I assume I need to build a pile of paperwork together (much the same as when claiming bank charges back). What can I defend if I have admitted I owe the debt... which I do??


Moodle

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There is obviously going to be charges on this.

Also was there PPI on it as well.

You could also claim for these additional charges.

Yes just the same as a DCA.

The more info you can provide the better but remember to remove any personal information.

DG

 

Yes the charges are £190 court fee and £100 solicitors costs.

 

Gulp!! :confused:


Moodle

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Are there any unlawful penalty charges?


"To love unconditionally is the greatest gift, laughter is a close second" .To give your time to help others after being helped here is the best way to show your appreciation to your fellow CAG members.

 

Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts. All my knowledge has been gained here, for which I'm very grateful. I'm a Journalist, not a law professional.

 

If you do PM, make sure to include a link to your thread as I don't give out advice in private ;)

BB 13 - DCAs/banks and solicitors 0.

 

I get a fresh start to get on with learning to live with severe disabilities when they could have had something if they'd been understanding...

 

<--- If you feel I've helped, please twinkle my star :)

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, charges made the bank account spiral out of control. :-)

 

Do you know how much the charges were?


If I've helped feel free to add to my reputation.

 

I am not a Practising Lawyer. My comments are my opinion only. You should not rely upon those comments and should always take your own professional advice from a practising Solicitor or Barrister

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would it be a good idea to notify the court that the form was ticked in error and without advice. and that he wishes to submit a defence?

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would it be a good idea to notify the court that the form was ticked in error and without advice. and that he wishes to submit a defence?

 

I don't know to be honest - especially as he's made an offer of payment.

 

You've given me an idea

 

I think that he should phone the court and check if a judgment has been entered

 

If it Hasn't

 

what he should do is write by special delivery or fax to the Solrs for the other side telling them that the form was completed before he realised that he had a defence and that the admission is withdrawn. He should at the same time return the acknol of service to the court also by SD indicating that he intends to defend

 

If a judgment has been entered

 

Then he needs to apply on an N244 to set it aside - but we can help with that


If I've helped feel free to add to my reputation.

 

I am not a Practising Lawyer. My comments are my opinion only. You should not rely upon those comments and should always take your own professional advice from a practising Solicitor or Barrister

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Hi folks

 

Yes there were charges to the current account and the loan account... amounting to a fair few hundred. I'm just in the process of ordering copy of statements for last two years (my charges had already been refunded prior to this time when I made a claim for them back in 2006/07).

 

Without sounding like a dumb ass... How will I defend? Obviously I owe the money and have defaulted on the loan and currents account... so what on grounds can I try to defend??

 

I have just tried to call the court to see if they have entered a judgement, but it is engaged... will try again in a bit.

 

Thanks for the advice so far... am starting to feel a lot better about it all.


Moodle

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Hi folks

 

Yes there were charges to the current account and the loan account... amounting to a fair few hundred. I'm just in the process of ordering copy of statements for last two years (my charges had already been refunded prior to this time when I made a claim for them back in 2006/07).

 

Without sounding like a dumb ass... How will I defend? Obviously I owe the money and have defaulted on the loan and currents account... so what on grounds can I try to defend??

 

I have just tried to call the court to see if they have entered a judgement, but it is engaged... will try again in a bit.

 

Thanks for the advice so far... am starting to feel a lot better about it all.

 

If there were unlawful account charges included in the default notice it may invalidate it

 

The CCA may not be complaint

 

- there are a range of possible defences...


If I've helped feel free to add to my reputation.

 

I am not a Practising Lawyer. My comments are my opinion only. You should not rely upon those comments and should always take your own professional advice from a practising Solicitor or Barrister

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If there were unlawful account charges included in the default notice it may invalidate it

 

The CCA may not be complaint

 

- there are a range of possible defences...

 

Ah... I see. Very good!


Moodle

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Called court... no judgement entered as yet.

 

So I wrote to Incasso LLP:

 

'Incasso LLP

Trafalgar House

29 Park Place

Leeds

LS1 2SP

 

Your Ref: XXXXXXX

 

Claimant: National Westminster Bank PLC

Defendant: XXXXXX

Claim Number: XXXXXX

 

 

Dear Sirs

 

I am in receipt of your County Court claim form dated 1st July 2009. I wish to inform you that the admission form sent to you on the 3rd of July 2009 was completed before I realised I had a defence and therefore the admission is withdrawn.

 

The acknowledgment of service has been returned to XXXXXXXX County Courty stating that I wish to defend the claim made against me.

 

Your Faithfully,

XXXXX'

 

Also sent in acknowledgement of service into the county court, ticking the box that states 'I whish to defend the claim'.

 

And finally today I also sent a CCA request and a £1.00 postal order to Natwest regarding the three accounts in question.

 

Next job - to send a SAR to Natwest for last two years worth of statements for all three accounts.

 

Anything else I should be doing?

 

:-)


Moodle

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Yes - send a CPR Part 18 request


If I've helped feel free to add to my reputation.

 

I am not a Practising Lawyer. My comments are my opinion only. You should not rely upon those comments and should always take your own professional advice from a practising Solicitor or Barrister

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Am I right n thinking a CPR means Civil Proceedure Rules?

 

Do I need to ask for this?

 

As I have already sent off the CCR in yesterdays post... do I wait to see what NATWEST send me or send another letter today, referring to yesterdays letter but requesting an agreement which bears my signature made pursuant to the Civil Procedure Rules??

 

I don't want them to think I am nuts by sending loads of letters unnecessarily.


Moodle

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I really would not worry about upsetting them - you need to do a CPR letter


If I've helped feel free to add to my reputation.

 

I am not a Practising Lawyer. My comments are my opinion only. You should not rely upon those comments and should always take your own professional advice from a practising Solicitor or Barrister

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did both... CCR went on the 8th... and a CPR went today... they will probably be baffling by the two separate requests... but at least they have both requests. Will just have to wait and see what happens next.

 

I have also sent SAR for statements, then I can work out how much of the 5 k they are taking me to court for is made up of charges.

 

How will affect my chance in court?... defending a claim against me which includes charges, when the unlawful charges argument is still up in the air??


Moodle

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scan error page.

Edited by maxine989
typo

Moodle

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natwestCCAletter002.jpg

Moodle

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It's still too small...


"To love unconditionally is the greatest gift, laughter is a close second" .To give your time to help others after being helped here is the best way to show your appreciation to your fellow CAG members.

 

Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts. All my knowledge has been gained here, for which I'm very grateful. I'm a Journalist, not a law professional.

 

If you do PM, make sure to include a link to your thread as I don't give out advice in private ;)

BB 13 - DCAs/banks and solicitors 0.

 

I get a fresh start to get on with learning to live with severe disabilities when they could have had something if they'd been understanding...

 

<--- If you feel I've helped, please twinkle my star :)

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Hmmm... the scan came out a lot smaller than I thought... bugger!

 

Anyway... I had a letter from Natwest today which says:

 

Re: request for copy of credit agreement under section 77 of the consumer credit act 1974

 

"Dear Mrs sparrowbottomburp

 

We write with reference to your recent correspondence... blar blar

 

We regret to advise that the loan agreement has been misfiled and despite searching our records we have been unable to locate it. Our record of the setting up of the loan has insufficient detail to enable us to recreate the agreement with the required degree of certainty this course of action requires.

 

In the circumstances we appreciate that under s.77(4) of the CCA if you decide not to meet your obligations under the loan as they fall due we will be unable to take steps to enforce repayment of the loan. However we consider that you should continue to meet your obligations under the agreement bearing in mind that the agreement in't void, it remains valid and your continuing default will be reported to the credit reference agencies. S.77(4) only prevents us fromn pursuing recovery of the debt through courts.

 

Please contact the obove office to sarrange repayment of the loanaccount if you have not already done so. Recovery action may continue if we do not recieve an acceptable payemnt offer.

 

We trust this clarifies matters; should you have any further queries please contact the Office at the above address.

 

Recoveries Manager

Ding don doogle"

 

So... hmmm... interesting.

 

I shall be reading up on what to do next.

Maxine :-)


Moodle

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