county court claim form

[wongsutho]

hello everyone this is my first post but i have a feeling it wont be my last i have been reading a few of the topics and find myself in pretty much the same boat as a lot of people on here and asking the same questions obviously all to do with debt. I think i have left it a little bit late but here goes today i received a claim form from a county court the claimant being rbs and the collection agency being incasso how do i go about filling in the form do i agree with all of the claim and ask for time to pay or admit only part of the claim or disagree with the claim.i dont disagree that i owed rbs money however i was under the impression that this incasso company are a dca and would have bought the debt from rbs for 15/30p in the pound this is my reasoning for disagreeing with the claim i have 14 days plus 5 days from the date stated on the claim form do you think it is too late to contact the rbs as i dont even want to consider talking to anyone at incasso dca any help would be well received thanks for a great site and long may you continue best regards to everyone:-(

[mrmarmite]

Hello and welcome to CAG,

1st question how old is the account.

2nd who is the DCA involved

3rd was this account appiled for on the internet or by application form

[wongsutho]

hello thanks for replying to me im ****ting myself i havent told anyone about this and ive been hiding the letters away like an ostrich i know i could have avoided this but.......the account was opened when i lived with my parents about 8 years ago it was quite high but i was meeting the minimun payment until about 8 month ago things went wrong and here i am the dca are called incasso and i applied with an application form i know i have shyed away from this debt hoping they would get off my back my worry is now as i own my own home (sorry not own have a mortgage on at this late stage they wont accept a payment plan and will just put a second charge on my home this is the last thing i held on to after the missus decided to leave so my pride needs me to keep the house im aware i will get a ccj and this will mean credit will be a no go but i just dont want them to force me to sell my house i have a job and am able to pay a certain amount £100 per month but as the debt is now £7198 i am worried they will not accept this and put a charge on my house i have left it a bit late now i watched the channel 4 documentry the other week and seen the undercover footage of these dca employees and they just made me feel sick with worry obviously knowing what was round the corner for me thank you for replying i aim to go to the cab on saturday but the embarresment is going to kill me thanks again

[cerberusalert]

Send them a CCA request to see if they are entitled to collect this debt & if it's enforcable. If they fail to provide it within 12+2 days or the CCA is unenforcable you can legally withold any payment until they do. Send it recorded delivery enclosing a £1 postal order. When you get a reply, scan it & remove any identifying details and post it back here where we can have a look at it. We'll advise you from there;

 

Dear Sir/Madam

 

Re:- Account No: XXXXXXXX/Your Reference Number: XXXXXXX

 

This letter is a formal request pursuant to s.77/78 of the Consumer Credit Act 1974. I require you to provide me with a true copy of the credit agreement relating to the above account, together with any other documentation the Act requires you to provide.

 

I expect you to comply fully and properly with this request, within the statutory time limit. You are reminded that should you fail to comply with my request, the provisions of s.77 will apply.

 

If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties.

 

Your attention is drawn to ss.5(2), 3(b),6 and 7 of the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR).

 

I enclose a postal order in the sum of £1.00, which is the statutory fee. Note that these funds are not to be used for any other purpose.

 

If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee.

 

You should also note that I will only discuss this matter in writing and should it be your intention to arrange a “doorstep call”, please be advised that under OFT rules, you can only visit me at my home if you make an appointment and I have no wish to make an appointment with you or any of your associates.

 

There is only an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.). Therefore take note that I revoke license under Common Law for you, or your representatives to visit me at my property and if you do so, then you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance. (Optional addition)

 

I look forward to hearing from you.

 

Yours faithfully **Edit to suit**

Print name do not sign

[GhostDebt]

As they have already started court proceedings, I would be more inclined to send them a CPR 31 request for information as I suspect no other information was provided with the claim form.

 

You would typically give them 21 days to respond, however in order to extend the time to file a defence you would first need to fill in the Acknowledgement of Service form and return that to the court.

 

If they do not provide you with the requested information then you would submit a holding defence to the Court and then proceed from there.

 

Please could you post up the Particulars of Claim from the Claim Form (minus personal details).

 

Also, any correspondence you send them needs to be sent by recorded delivery so you can obtain proof of postage (the receipt) and proof of delivery.

 

Do NOT hand sign the letters.

 

If you have any questions please ask and someone will respond accordingly.

 

p.s CerberusAlert has a very good reputation on this site and has assisted me several times so consider his comments and I'm sure if I have said anything wrong he will correct me.

 

Regards

[the_shadow]

hello everyone this is my first post but i have a feeling it wont be my last i have been reading a few of the topics and find myself in pretty much the same boat as a lot of people on here and asking the same questions obviously all to do with debt. I think i have left it a little bit late but here goes today i received a claim form from a county court the claimant being rbs and the collection agency being incasso how do i go about filling in the form do i agree with all of the claim and ask for time to pay or admit only part of the claim or disagree with the claim.i dont disagree that i owed rbs money however i was under the impression that this incasso company are a dca and would have bought the debt from rbs for 15/30p in the pound this is my reasoning for disagreeing with the claim i have 14 days plus 5 days from the date stated on the claim form do you think it is too late to contact the rbs as i dont even want to consider talking to anyone at incasso dca any help would be well received thanks for a great site and long may you continue best regards to everyone:-(

 

Hi, as legal action has taken place you have only two real options...

 

Admit the claim or defend the claim..

 

If you want to defend you need to acknowledge service and indicate you wish to defend the claim totally. This gets you an extra 14 days to file a defence. (14 + 14 + 5 days service)

 

If you want to admit the debt the forms sent from court have a section where you can offer a payment to the creditor and this can be filled in but it WILL mean you get a CCJ and if the creditor wishes he can ask for a re-determination hearing at a later point and get increased payments with the agreement of a judge. OR they could be un-willing to accept part payments and request the courts issue a charging order with a mind to force the sale if they so wish, you can still defend these actions I would point out...

 

If you want to defend then we need to know the Particulars of claim (rough amount of money, not the exact figure) from the blue claim form and who is taking you to court RBS or incasso (claimant's details) we also need to know...

 

a) Do you have a default notice

b) Do you have a termination letter

c) Do you have a notice of assignment from incasso

d) how old was the debt

 

If you acknowledge and indicate a defence you'll need to send a CPR31.14 to the claimant asking for the documentation they will rely on but we'll need to see the particulars to edit this letter correctly.

 

You might also want this moved to the legal forum as action has commenced, click on the red warning triangle on the left hand side and request this if you do.

 

Best of luck.

 

S.

Edited August 14, 2009 by the_shadow
missed off the -un