Hi All, newbie needs urgent Help

[bazbar]

Hi All, first off, what a great site, keep up the good work, i dont think i could have got this far without it.

I hope someone can help, as i am now feeling so down and depressed about this case as its been going on for ages now, so the origanal bank says. (1989).

I am not very good at computers so please excuse all my mistakes and except my appolagies for my spelling and all the future muck ups.

First off my claim form from a collection company arrived @ my door step on 19/05/2009. i wont name the colection company as i belive they use the forum for information, if someone wants i will send all the information you request to help me.

 

It went to Romford count court in Jan this year, the DJ dismissed the claimants application and has sent me a general form of judgement or order form to fill in, with a list of documents: standard disclosure form to complete. it has also been fast tracked to the Mayor's & city of London CC, for May/June 2010

This is were i need help, and lots of it, the ammount they are claiming is quite considerable @ just under £19,000.00

I also have to file my full defence by 4th Feb 2010 ???

 

If this has been posted in the wrong place could a mod please move it for me, many thanks in advance as i'm sure someone will be along to help ?.

 

Baz

Edited January 25, 2010 by bazbar

[bazbar]

Bump......Help needed as i only have to next wed to get my defence in..

[maroondevo52]

Hello and Welcome, bazbar.

 

Sorry I can't help, but will move this thread to the Legal Issues Forum, hopefully you'll get some help in there.

 

Regards.

 

Scott.

[BeauBrummie]

Hi bazar,

 

There is probably some considerable help here, but you will need to give more information if you can :

 

On the original Claim form what were the Particulars of Claim ?

 

What did you send to the court in reply--- 19 May 09 till Jan 2010 long time to get to hearing---there must have been other actions in between?

 

Beau

[bazbar]

Thanks for the replys, i have uploaded my original claim form dated may last year.

I replied to that, then i got the defence & counter claim form which i filled in on june 14. then got a notice of transfer of proceedings to Romford cc.

It went to Romford cc Jan this year, when it got dismissed.

But since then i have found loads of old papers.

i will try and explain tomorrow as i have been @ work since 6.30 this morning and i have another early start tomorrow, and my eyes arnt working to good at the moment.

Baz

[BeauBrummie]

Thanks for the replys, i have uploaded my original claim form dated may last year.

I replied to that, then i got the defence & counter claim form which i filled in on june 14. then got a notice of transfer of proceedings to Romford cc.

It went to Romford cc Jan this year, when it got dismissed.

But since then i have found loads of old papers.

i will try and explain tomorrow as i have been @ work since 6.30 this morning and i have another early start tomorrow, and my eyes arnt working to good at the moment.

Baz

 

Sorry the image is to small to read----can you resubmit

 

Beau

[bazbar]

lol. looked big on my pc, will try again

[ozzywizard]

Try uploading it to this site then post the link.

[bazbar]

hope this works

http://imgur.com/xUY30.png

[ozzywizard]

Yuppers that has worked

[bazbar]

Thanks Ozzy, it just seems every thing i do lately goes pear shape.

I will get a list of things that i have done & post it up a bit later.

 

Baz

[silverfox1961]

Hi Bazbar,

I am no court expert but one thing occurs to me from the POC.

 

They are claiming a debt from 23/01/01

 

Have you made any payments since that date?

[bazbar]

Hi Silverfox

Thats were the main problem is, i have/had 2 accounts with this bank.

1 i payed off in 1998/9, the other was a card account that i did'nt pay off.

In 2001 i payed 6 payments to them by mistake (small ammounts), as i thought i was paying for my other account. i payed by paying in slips @ a bank. When i relised what i was doing i stoped payments straight away, i informed them what happend & they said they would get back to me. They never did. As it was a small ammount of money i just forgot all about it. last payment to them was 26/09/2001

But what i did not realise untill recently is the account they say i still owe monies on is a diffrent account number to the one i payed off in 1998 ?.

And i cant ever remember having this account.

 

5yrs 6 months later i was made redundant, and stopped all my direct debits, i was in/out of hospital also with 3 heart attacks & 2 angioplasty opps.

I got home from hospital 1 day (08/09/2007) @ 4pm and was in bed, at 6pm a door collecter came banging on my door saying my account with so & so bank was in arrears and he was their to collect a payment or remove goods, so i gave hime a small ammount of money (£20.00) to stop the goods beign removed. During the next year i payed the door collecter some money, then i get a phone call from my card account holder saying that i am behind with payments, i explained to them that i was paying a door collecter, they said that they have not sent this out for collection ???

Stupid me have been paying this wrong account again. When the collecter called at my door he mentioned the bank account name which is the same name as my card account, thats what confused me. Stupid me i know but when you have been through what i have been through health wise i just didnt want any bother.

Now they say because i was paying them money i have admitted that this account exists & i am liable for it. even though they cant produce any form of credit agreement or strict proof i took this Loan out ?.

 

I have a letter from the bank in 1988/9 stateing a diffrent account number on it as this was the account that i payed off.

I have on many occasions asked them to show me any form of agreement but they cant.

I have just sent off a SAR (20 & 21 Jan) again to all the companies involved, but not received anythin as of yet.

 

In the 1980/90's i Banked with Barclays, running my current account, in 1999 i closed my bank account down with them and transferd my current account to another Bank. Barclays say they cant find any information regarding this very old account, i was hopeing i might be able to see if any payments came out of my account to the so call finance company who say i owe this money to.

 

I cant ever remember receiving any default notice regarding this. hopefully this time around they might send out all the info.

I have received my credit report and nothing is listed regarding this Bank.

 

This is so confusing my head dont stop spinning. Hope someone can help as i have to put together my defence by next Tue/Wed.

What else can i do ?

 

Thanks

 

Baz

Edited January 26, 2010 by bazbar

[emandcole]

Hi Baz, this all sounds very irregular and we need to get on top of it quickly.

 

You state you have sent a SAR off? First things first, did you send it recorded delivery and if so can you confirm proof of them getting it?

 

Please get back to me as soon as you can ok as quite concerned about this for you...

[bazbar]

Hi emandcole

Thanks for the reply, i have sent SAR's off to all connected with this case, 2 were received last friday, and 1 to my old bank who i was banking with at the time was received yesterday, They were all recorded delivery & i have printed out the post office web site confirmation ?

[emandcole]

Excellent, you've made a good start. I may ask stuff you've already covered so forgive me if I do ok .

 

 

• I take it you have acknowledged their claim?
  
• I presume you intended to defend?
  
• Is it one claim for a few accounts or a few claims, one for each account etc?
  
• Can you confirm the last payment date for each account and can you evidence that with a statement for example?
  
• Do you have any default notices that may have been sent in the past?
  
• Do you have any letters of termination?
  
• Any assignment letters from Debt Collection Companies?
  
• Please confirm the date you need to have your defence submitted.
  
• Have you double checked this date and sure it is correct?
  

That'll do for a start. Will wait for you again, if you need the evening to answer this that's fine. Better you answer with confidence so we know what's happening, the time is not critical yet

[emandcole]

Another one for you. Are you at all familiar with a CPR Request? Just trying to work out what you may have read etc.

[emandcole]

Sorry, one more.

 

 

• What type of account is the claimant basing their action on?
  

EG - Overdraft, Credit Card, Personal Loan?

[bazbar]

All i know about CPR request isthat they have to supply you with all the information they hold on you.

I have been told that it was a rolling account that had £10,000.00 put into it ? so i suppose it comes under personal loan.

 

I am home from work now so i can be at the pc al lnight.

 

Baz

[emandcole]

Ok, we need to tighten this up quickly. I will post a CPR template in the next few hours, possibly in the morning as I have to be out pretty soon.

 

When you get it amend as required, print out, send it recorded delivery as a matter of urgency and keep the proof slip.

 

In the meantime would you please answer my previous questions in the order asked, giving as much detail as possible. It's a pain I know but it is essential that anyone offering help can get up to speed on your case quickly and easily when they read through the thread to gather history.

 

It can be the difference between someone offering help and someone clicking on to someone else's thread - not good for you obviously.

 

Keep in mind that we do not have the knowledge of this that you have, we rely entirely on your communication and ability to convey whats happened .

[bazbar]

See below

 

Excellent, you've made a good start. I may ask stuff you've already covered so forgive me if I do ok .

 

 

• I take it you have acknowledged their claim? YES I HAVE
  
• I presume you intended to defend? I HAVE ALL READY BEEN TO COURT ONCE ON THE 14 JAN 2010, CASE GOT DISMISSED, AND NOW ON FAST TRACK TO COURT AGAIN.
  
• Is it one claim for a few accounts or a few claims, one for each account etc? JUST 1 CLAIM
  
• Can you confirm the last payment date for each account and can you evidence that with a statement for example? THE LAST PAYMENT ACCIDENTLY PAID TO THIS ACCOUNT WAS 29/11/08
  
• THEY CLAIM OTHER PAYMENTS BUT THEY DID NOT HAPPEN
  
• ALL PAYMENTS WERE PAID TO DOOR STEP COLLECTOR BY CASH. SMALL AMMOUNTS (£20.00 AVERAGE)
  
• Do you have any default notices that may have been sent in the past? NONE AT ALL
  
• Do you have any letters of termination? NONE AT ALL
  
• Any assignment letters from Debt Collection Companies? NONE AT ALL
  
• Please confirm the date you need to have your defence submitted.
  
• NEXT THUR @ 4PM 4TH FEB 2010
  
• Have you double checked this date and sure it is correct? YES
  
• I WILL SCAN THE GENERAL FORM OF JUDGEMENT THAT WAS SERVED WITH ALL THE PARTICULARS ON IT.
  

That'll do for a start. Will wait for you again, if you need the evening to answer this that's fine. Better you answer with confidence so we know what's happening, the time is not critical yet

[emandcole]

That's great, thank you. Interested now in the doorstep collections. You stated earlier that when the claimant contacted you and you told them you'd been making payment to a doorstep collector that the bank was surprised as they had not instigated this.

 

 

• Did you find out who you had been paying and what it is for?
  

 

• The accidental payment you made, was it definitely to the claimant in this case?
  

[bazbar]

I for got to mention that i have also sent a CCA to the claimant on the 19/01/2010, it was received on the20/01/2010.

 

This is were i have trouble explaining whats what:

I thought i was paying the door step collector for an account i have with another claimant say account X, thats what i thought, but the collector was collecting for a another claimant that i belived to be completed say account Z.

Claimant X contacted me and asked why i have not been paying & i said i have to a door step collecter, they know nothing about this.

Account Z as far as i belive dont exist ? Because the account Ref number they say the claim is against is diffrent from the one i had with them ? That got payed in 1995.

This is so difficult to explain i dread how i am going to be able to put my defence together correctly.

And yes the accidental payments went to the claimant via the door step collector, Because both the original agrements were with the same lender.

 

 

That's great, thank you. Interested now in the doorstep collections. You stated earlier that when the claimant contacted you and you told them you'd been making payment to a doorstep collector that the bank was surprised as they had not instigated this.

 

 

• Did you find out who you had been paying and what it is for?
  

• The accidental payment you made, was it definitely to the claimant in this case?
  

[emandcole]

Ok, sounds a little tricky but with patience on both sides we'll work it out.

 

You have used the word 'claimant' for accounts X, Y, and Z. This suggests that each of them has issued a claim for their respective accounts which I'm sure is incorrect.

 

 

• So, which of the creditors has become a claimant by initiating legal intervention?
  

 

• Can we rule out creditor Z as it's so old and you believe that to be paid in full?
  

 

• The account numbers might be different if a debt company got involved, might be their own reference number perhaps?
  

[bazbar]

Hi their is no Y, Just X & Z.

 

Claimant Z is the one that initiated legal action, allthough i belived this was settled, but they are saying its not, and the account number is diffrent to the one i have on records from 1995, i am also having probs proving i payed it off, because of it beign so old and me changing my Bank from Barclays to Nationwide,

The account number they are saying i owe the monies to is from the original creditor, but it dont match my old one ?

 

Is it possible for me to PM you in any way or email ? i can then tell you who they are ?

I just dont want to name them on here as their solicitor uses this site ? He told me in court on the 14 Jan when we met.

 

Ok, sounds a little tricky but with patience on both sides we'll work it out.

 

You have used the word 'claimant' for accounts X, Y, and Z. This suggests that each of them has issued a claim for their respective accounts which I'm sure is incorrect.

 

 

• So, which of the creditors has become a claimant by initiating legal intervention?
  

• Can we rule out creditor Z as it's so old and you believe that to be paid in full?
  

• The account numbers might be different if a debt company got involved, might be their own reference number perhaps?