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Rainbow Moon v Asda - They have sent me court papers - I need help please

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I have an asda storecard that I have had trouble paying in the past, I did a cca request and received back a copy of my agreement which was enforceable. I offered a token payment and was then sent a default notice which has a few things wrong with it namely, no date on which to settle just 21 days and also it has my account number shown incorrectly.

 

The only thing I have had back from them is a statement and a letter showing the charges that have been added on every month.

 

Imagine my surprise then when I open up an envelope only to find court papers from C L Finance (claimant) with an address for sending payment to Howard Cohen Solicitors.

 

Firstly I have never been told by Asda that they have sold the debt on to this C L Finance so have never had the chance to let them know of my financial situation at the minute. I have kept Asda informed all along and I am really shocked by this.

 

There was no full amount shown on the DN just the arrears of £40, the last statement from Asda showed the whole amount on the card as £748, the amount on the court papers is shown as £840 with costs added making £965.

 

I have no idea as to what to do next or what forms I need to fill in for the courts, I really could do with your help on what my next step should be.

Thank you

Rainbow x

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morning,

 

Does the court notice have a stamp on it?

 

I'm assuming you didn't get a letter of termination from Asda nor a Notice of Assignment.

 

I don't know enough on court procedures but if you didn't get any of the above I would defend.

 

If CL ask you to send them your defence--DON'T


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Hi, rainbow moon.

 

I'll move this thread to the Legal Issues Forum.

 

Regards.

 

Scott.


 
 

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Hi Silverfox, thank you for your reply. I have note received any letters from Asda terminating the account or a notice of assignment. The court paper has a pre printed county court mark - doesn't look very official but I have never had one before so don't really know whether it is a real one or just an attempt to make make take notice :sad:

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Thank you Scott - now I really am worried :sad::sad:

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Thank you Scott - now I really am worried :sad::sad:

 

Don't be :) Just thought you may get more help there.

 

Regards.

 

Scott.


 
 

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

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Hi Rainbow Moon,

 

Try not to worry, I know that's difficult but I am in a similar situation, mine is an ASDA card too, and they also had my account number wrong on the court forms which made me initially think they had the wrong person - if only! I wonder what that is all about?!

 

You can acknowlege the claim form online, there should be details on the front page of the form showing where you need to go.

 

I am trying to defend mine. If you wish to do the same then just say so on the website. Then you have 14 days to send your defence to the court. Have a read through my thread on the legal issues forum, although I'm not sure how much help it will be as I have been clueless throughout.

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Hi RM :)

 

You should acknowledge this online & have 5 days from the date on the claim form to do so.

If you indicate that you intend to defend all of the claim (and you should!), you then have a further 28 days to submit your defence.

 

After you have done the AoS, send a CPR 31.14 letter to the solicitors asking for the documents referred to in their POC.

If their claim is vague, maybe the CPR 18 letter would be better but can't advise without seeing the POC. Please can you post it up, along with the DN?

 

If the 'claim form' is a fake, MCOL won't recognise the claim number so that would confirm its authenticity.

 

You'll get loads of help but your claim form & DN really need posting up, after you have washed them of identifying details.

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Hi guys, thank you for your replies, I will post up the docs later - one thing that bothers me though is you say I have 7 days to acknowledge receipt - the issue date on the form is 19th October - I have only got the letter today maybe delayed due to the postal strike I don't know - does this affect my chances or is it still worth doing the acknowledgement today. sorry for all the questions and thanks again for any replies - feeling a bit wobbly about this one. Rainbow x

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RM...u have 14 + 5 days for service in which to do AOS....then a further 14 days for your defence..from the date on the claim form

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Thank you for your replies - I have uploaded the dn and the court claim form below

 

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** It states on this form that I have been told about this on the 14th October - I have not received anything from them until this court form dropped on the mat. Thank you for any help you can give me it is very much appreciated. Rainbow x

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Just been reading the posts again and wondered why you advise to defend the claim? I have run up the debt and am willing to pay it back bearing in mind it will be a token amount and take ages. I am scared of getting myself in deeper trouble with the court over this. Rainbow x

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Unfortunately, as a court summons has been issued, you are now faced with the dilemna of accepting a CCJ by not defending the claim; or you can defend the claim to try and negotiate a settlement with CL Finance without the matter getting to court.

 

Even if you admit to partial debt, you will have a CCJ awarded against you by default.

 

If, as you state, Asda (Santander) did not inform you of the sale of the account to CL Finance, then they are hardly whiter than white and should be reported to the Office of Fair Trading and to Trading Standards for not complying with the OFT's guidelines on debt collection.

 

Hope this helps.


 

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Hi supasnooper, I am not too bothered by a ccj being awarded against me as my credit history has been shot to pieces already with defaults etc. I am not wanting to get any credit in the near future. I don't own my home and I am on income support and carers allowance so can't afford to pay more than a token payment off this debt. I just want some peace as my life is stressful enough. I am annoyed that they didn't inform me that they were going for a ccj as I could have supplied all my finacial info beforehand to prove I can't afford more than the tojken payment I had already offered. I just hope the judge sees the same amounht of lack of pennies available on the day :( If they do issue a ccj does the fact that the dn is invalid come inot play do you know or am I liable for the whole amount? Thanks for any replies Rainbow x

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a dodgy DN is a defence to the amounts claimed, meaning they can only claim the arrears, assuming u get a decent DJ who agrees.

if u dont want the hassle, however, u can simply admit the claim, put a payment proposal in with ur inc/exp sheet and take it on the chin if thats the way u want to go. its obviously completely ur choice how u play it.

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Thanks for your reply r&b, I am totally at a loss as to what to do. I have been reading casperslady's thread and the treatment she received at court, I have an enforceable agreement, an invalid dn, no termination notice from Asda/santander, no letter telling me Cohens have the debt and no letter telling me they were threatening court action. I know that some of this debt is made up of unlawful charges but really don't know what to do next. Another sleepless night me thinks. Rainbow x

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Hi Rainbow Moon - I'm a bit worried about my thread in that it will scare other people! One reply did say that they have read hundreds of threads about court cases and they don't go as badly as mine did!

 

I'm still trying to work it out as you know, but I've had so much help from people on here and I'm sure you will get the same. All I can really say from my own experience is, IF you want to admit the debt and work out a payment plan, if it gets to court, take everything along with you, all your incomings and outgoings. Although if that is what you want to do then I guess it doesn't need to go to court.. (really helpful aren't I?)

 

Re the sleepless nights, I try to get lost in a book for an hour before I go to sleep and clear my mind completely of all the rubbish that's going on. Sleep is very important, it's even harder to try to deal with things without it... Good luck!

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Thanks for your reply r&b, I am totally at a loss as to what to do. I have been reading casperslady's thread and the treatment she received at court, I have an enforceable agreement, an invalid dn, no termination notice from Asda/santander, no letter telling me Cohens have the debt and no letter telling me they were threatening court action. I know that some of this debt is made up of unlawful charges but really don't know what to do next. Another sleepless night me thinks. Rainbow x

Rainbow I know its all a bit daugnting right now, but the choice is for you to make. If you decide to acknowledge service by admission and request time to pay, make sure you meet the time limits otherwise claimant will probably go for default judgment and get an order for all to be paid. However, it appears that you do have a reasonable case to defend.ie dodgy DN, no termination notice, no Notice of Assignment and maybe, unenforceable agreement. If you did defend and loose, you could still ask for time to pay, albeit there will be further costs added to the debt. Choice is yours, but there is plenty of help here if you decide to defend.

Robin

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Thanks for your reply r&b, I am totally at a loss as to what to do. I have been reading casperslady's thread and the treatment she received at court, I have an enforceable agreement, an invalid dn, no termination notice from Asda/santander, no letter telling me Cohens have the debt and no letter telling me they were threatening court action. I know that some of this debt is made up of unlawful charges but really don't know what to do next. Another sleepless night me thinks. Rainbow x

 

this site has buddies who will attend court with you and "hold your hand"

 

where are you (nearest big town)

 

wont be too many costs in the small claims court

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Thank you for all your replies, I am taking on board all you have said and trying to come to a decision as what to do.

 

Just a couple of questions though, if I do admit to the claim and get a ccj, due to my financial situation (being on income support/carers allowance) I would hope a judge would see that I could not afford more than the token payment that I have already offered to Asda in the past?

 

What would happen to the ccj after 6 years? Would they enforce another one to keep me paying or would that be the end of it? Sorry for sounding thick but just wondering as the arrears on the DN are for around £50, if I don't defend I would only be paying back slightly more than that with a token payment for 6 years and not have the hassle of going to court. I don't think any judge would be able to find any more money left at the end of the month with the money I have coming in and going out every month.

 

As I am on benefits, would I be able to claim any costs back?

 

Sorry for all the questions, I just can't get my head around this while watching my Dad slowly slip away with dementia, my mum crumble under the pressure of looking after him and me trying on my own to keep everyone together while dealing with things like this. Rainbow x

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Thank you for all your replies, I am taking on board all you have said and trying to come to a decision as what to do.

 

Just a couple of questions though, if I do admit to the claim and get a ccj, due to my financial situation (being on income support/carers allowance) I would hope a judge would see that I could not afford more than the token payment that I have already offered to Asda in the past?

 

The judge would order you to pay what he/she feels is right. As you are on benefits, this is certain to be less than Asda want. I think interest and charges would stop and Asda couldn't force you to up the payments without going back to court

 

What would happen to the ccj after 6 years? Would they enforce another one to keep me paying or would that be the end of it? Sorry for sounding thick but just wondering as the arrears on the DN are for around £50, if I don't defend I would only be paying back slightly more than that with a token payment for 6 years and not have the hassle of going to court. I don't think any judge would be able to find any more money left at the end of the month with the money I have coming in and going out every month.

 

The CCJ goes on as long as there is an outstanding balance however it wouldn't show on your credit file after 6 years

 

As I am on benefits, would I be able to claim any costs back?

 

You shouldn't have to pay any costs up front. Any costs will be added to the final bill and form part of the judgement. If you do end up having to pay any fees then you can claim fee remission by virtue of being on benefits

 

Sorry for all the questions, I just can't get my head around this while watching my Dad slowly slip away with dementia, my mum crumble under the pressure of looking after him and me trying on my own to keep everyone together while dealing with things like this. Rainbow x

 

As I see it(and I'm no expert) No notice of termination nor Notice of Assignment could be a defence in itself as the claimant would have to prove they were issued. At the end of the day, it's what you can cope with.

 

fox


If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

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Thank you for all your replies, I am taking on board all you have said and trying to come to a decision as what to do.

 

Just a couple of questions though, if I do admit to the claim and get a ccj, due to my financial situation (being on income support/carers allowance) I would hope a judge would see that I could not afford more than the token payment that I have already offered to Asda in the past?

 

What would happen to the ccj after 6 years? Would they enforce another one to keep me paying or would that be the end of it? Sorry for sounding thick but just wondering as the arrears on the DN are for around £50, if I don't defend I would only be paying back slightly more than that with a token payment for 6 years and not have the hassle of going to court. I don't think any judge would be able to find any more money left at the end of the month with the money I have coming in and going out every month.

 

As I am on benefits, would I be able to claim any costs back?

 

Sorry for all the questions, I just can't get my head around this while watching my Dad slowly slip away with dementia, my mum crumble under the pressure of looking after him and me trying on my own to keep everyone together while dealing with things like this. Rainbow x

 

the ccj lasts ad infinitem- but it dissapears off your credit record afetr 6 years

 

if you have made no payment on a ccj for 6 years (im sure that it the right amount of time but check) then the claimant cannot enforce it without leave of the court (and would need a good reason)

 

The court will use the same process for working out your disposable income as payplan and CCCS use so i suggest you visit their sites and download their I & E forms and complete them ready for court

 

the courts traditionally make orders for quite low repayments- and of course there will be no more interest or charges added to the debt

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sorry silverfox- jumped in too quick there and didnt see you already responded

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Thank you for your replies, it means a lot. I have been reading up on the successes stories on the site but most of these seem to have been due to there not being an enforceable agreement. I know mine is, it is just the rest of the paperwork that has been either never sent to me or the dn that is invalid.

 

I have got a niggly feeling that if they produce the agreement in court then everything else will seem meaningless to a judge. I am going to have to make my mind up today as this is driving me mad now. Just a couple of questions, if I decide to defend and ask cohens for all the paperwork, are they likely to suddenly find all this paperwork I am missing? Also if they send and I then decide it isn't worth persuing can I change my mind and accept the judgement?.

 

I have never disputed the debt but I am really annoyed that is has got to court stage without me even being aware it was going to. I just don't want a judge to think I lied about defending the amount then change my mind and accept it. God what a mess. Sorry that you have to read it. Rainbow x

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RM,

my opinion for what its worth would be that should you lose, you are no worse off, save for a few costs that will be added to the judgment and a few late nights genning up. thats ur risk. you will only be asked to pay what u can reasonably afford, judged from your inc/exp sheet.

should a DJ see that even with an enforceable agreement the DN is faulty, you will have to pay the arrears only. that is without casting further doubt with regard to the NoA or any other issues.

the defence route will cause aggravation and anguish as going into a hearing is generally never a pleasant experience for a LIP but should they see the error of their ways, u may find it never gets that far (typically right up to it tho :D) but u have to be prepared for that eventuality. u have to weigh the benefits from the detractions and see what's rite for you, the help needed is available. best of luck with whatever u decide.

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