Help need with court claim please

[avarose]

Hi, I'd really appreciate any advice please.

I have a loan with A&L that I have not been able to pay for nearly a year now. I was made redundant the week I found out I was pregnant and have recently had my baby. My only income is benefits. I co own my house with my husband but can't pay towards the cost of the house at all etc. My debts are only in my name but I have a lot of them. The A&L is the only loan and is around £9,000.

 

All my other debts are cards and I have got either agreements in place with them to pay small amounts a month or they have stopped communicating

with me like citi etc.

 

I have cca'd A&L and they have sent me a copy - the loan was taken out in 2007. I have offered them a smallish monthly payment and a full and final but they have rejected both. Now I have had a letter from Shoosmiths to say they have been instructed etc.

 

What shall I do? If they take me to court what could happen?

What is my next best course of action? I so want to get this sorted but can't pay the amount off and scared what might happen.. Any advice please?

Edited November 20, 2009 by avarose
title

[silverfox1961]

Hi

Firstly try not to worry, you are not committing a criminal offence by being in debt.

You know how much you can afford to pay so pay that for now. Shoosmiths cannot force you to pay any more than you are willing to pay, only a court can do that and probably less than Shoosmiths want.

 

While you are making token payments, make sure you keep receipts for each payment.

If it does go to court, you could end up with a CCJ and it would stay on your credit file for 6 years. You would get an order to pay and so long as you have submitted an I&E form, the judge would make the order to pay on what he thinks you can afford. If this is less than Shoosmiths want, then tough. The only way they could then have it altered is to go back to the court to have the amount varied.

If you didn't pay what the court decide, Shoosmiths could go for a charging order on your home.

 

I would start making token payments, even if it is just a pound. By showing willing, you would show any judge in the future that you are not trying to hide from your debt.

[avarose]

Hi,

 

Thanks for your advice. I wrote to shoosmiths and explained my situation. I also said about trying to make a payment offer and / or a full and final to A&L before and i offered them again in the letter a monthly payment of around £20 - which i would be paying them out of my benefit but i want to get this sorted. They have written back asking for around £150 a month! As if i can do that. Not sure what planet these people are on - why do they think we have that sort of money?! So i am not sure what will happen next. I will write to them and tell them that there is no way at all i can pay that sort of money. I almost want them to take me to court now just so i can get a monthly payment agreed and get it over and done with.

 

I am having so much trouble with this one - much more than all my other!

[avarose]

Hi,

 

I have now had court papers for this - can someone help me with the basics of filling them in please? I have had a good look at them and think i can make sense of them but want to get it 100% right. I know i owe the money but i can't pay it all off at once, i need to be able to pay a small amount a month - which option do i choose? The admission form?

 

Many thanks in advance

[avarose]

Hi,

 

I have posted in the A&L forum but not sure if i should have posted in here first? I have had court papers from A&L via Shoosmiths this weekend, please can someone help me with them?

 

I know i owe them an amount over £5k on a loan, i have been paying them a pound a month only since about Dec 2008. I am unemployed and have a new baby, only income is benefits, have alot of credit card debts ( this is all because of being made redundant).

 

I want the outcome to hopefully be that i pay an smallish amount a month - which form do i fill in? The admission form? I want to get this 100% right and get the forms sent off asap, any help would be really appreciated.

 

Many thanks

[lilly white]

ok what are poc.

[avarose]

Hi, sorry don't know what you mean?

[BankFodder]

He means what does it say on the particulars of claim which you have received.

 

The A&L forum was the correct one and I am going to merge this thread with that one and have a look at the whole thing.

 

If you don't know what POC means then you probably need to start spending some good time reading up on this forum. In that way you will be more easily helped by us.

[BankFodder]

Is the loan the only business which you have with A&L? are there accounts and are these overdrawn and have you suffered charges on the accounts?

 

You should post up a copy of the CCA and let someone who understands them have a look at it to see if it is flawed at all.

[avarose]

Ok thanks - i will.

It says:

1. Claimant © made a loan to defendant (D) ( particulars of which are set out below)

2. C sent default notice to D requesting overdue payments to be made

3. The amount claimed has not been paid

4. Particulars of the notice sent to D are set out in the schedule below ( then gives the agreement numbers etc) C has complied, as far as necessary, with the pre action conduct practice direction.

[avarose]

Yes this loan is the only business i have with them.

I have had four charges of £25 added for letters.

 

I will get the CCa put up as soon as possible.

Thanks

[MARTIN3030]

Whats the date of issue on the claim form ?

[avarose]

4th Nov 2009

[avarose]

Trying to upload jpeg's of the cca but they will only go up as thumbnails - any ideas anyone? Sorry...

[MARTIN3030]

its best to use photoshop

[avarose]

Hi, hopefully these copies of the cca are good enough to see, i don't have a scanner but if they are no good let me know and i will have to think of something else.

cca1.doc

cca2.doc

cca3.doc

cca4.doc

cca5.doc

[citizenB]

Have moved your thread to the "legal issues" forum as there has been a claim form issued.

 

There is a time line you need to adhere to.

 

Has this claim been issued out of Northampton Bulk Processing Centre, if so then you can do most of the responding online using the password they have given you.

 

Claim form issue date 4th November 2009

There is an allowance of + 5 days for receipt = 9th November

you need to have acknowledged service in 14 days from then which will take you to = 23rd November.

 

Then you get a further 14 days to put in any defence. = 7th December 2009.

[avarose]

Hi, thanks for looking at this for me. It is from Northampton. Shall i go on and Acknowledge so it gives me the extra time regardless - even though the CCA may be ok and i know i owe the money etc? Sorry if i am being a bit " basic" with my questions but i don't want to make a step wrong here! Thanks

[IdaInFife]

do you have the default notice?

[avarose]

Hi, yes, Notice of Default Sums sent to me on June 2009 ( charged me £25 for it!). Thanks.

[IdaInFife]

can you scan it and post it up

[avarose]

Just been through all my paperwork for them and have found four notices of default sums, two default's served under section 87(1) and a notice of sums in arrears. Will post them all up - may take me a bit so bear with me. Thanks!

[IdaInFife]

need the defaults served under 87

 

ida x

[avarose]

Here we go, thanks.

april 09.doc

Jan 09.doc

Feb 09.doc

June 09 2.doc

June 09.doc

[avarose]

And more. Thanks!

May 09 2.doc

May 09.doc

back of both defaults.doc