RBS credit card claim won now new claim after sale by OC

[Peterbard]

Really sorry to hear that Hammy,

 

I hope you don't mind asking a quick question it is pertinent.

 

I had a case discontinued ( I filed a defence) , the DCA who claimed have now sold the account back to the OC. Firstly I have never received a NOA, secondly the OC has now filed a Claim.

 

What should I do first do i need to write to the court asking if they requested permission, or does that go in my defence?

 

Thanks

 

Pumpytums

 

Hi Sorry for butting in/.

Did you recieve a notice when the debt was transefered to the dca in the first instance?

 

Was it assigned or did they get it wrong and had to own up when you filed your defence.

If this is the case then who sent the DN they are now relying on, because if it was the DCA it would have course be invalid.

Just a thought may not be applicable

Peter

[underdog13]

Best of luck with this, HH. Hope the Barrister has good news for you and you win on appeal.

[pumpytums]

Hi Peter,

the account was transferred to the DCA( I received a NOA from them), they terminated and demanded the full balance I wrote to them asking where the DN was their answer was to file a Claim. In my defence I asked for all the documents they relied upon, once in court they requested a summary judgement the judge said no not until you have produced all the documents you case is based on. They discontinued due to economic considerations not the fact that a no DN was every issued.

 

The OC has now issued a DN and a claim, however the OC has never issued a NOA.

 

Pumpytums

[DonkeyB]

Have you done CPR with the OC? Who’s involved and is there a separate thread? Sounds like a Santander job...

[pumpytums]

Have you done CPR with the OC? Who’s involved and is there a separate thread? Sounds like a Santander job...

 

 

I hope you don't mind hammy

 

link to my thread.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?236115-Pumpytums-goes-to-Northampton-Help-Please!

 

One last thing does the CPR go to the Claimant or their solicitor I always get confused on this?

 

Last page is the current state of play, this will be small claims. Very astute by the way donkey.

 

Thanks

 

Pumpytums

[hammyhound]

Pumpy, As I was advised, put it in your defence and also make an application to strike out their claim there's no harm.

 

Thanks guys for your comfort and words of wisdom, I have found a direct access barrister who helps and gives guidance kindly mentioned to me. I am awaiting a reply but time is running out.

 

I might just forget the appeal and put this to bed, no response to my instalment variation as yet.

 

I have come to the conclusion that it is not the end of the world but me thinks they are planning another claim for my overdraft - so maybe the hassle isnt over yet, that will be good the original balance was £1.76 now £2000 hilarious all charges. I will cross that bridge when I come to it.

 

HH

[pumpytums]

thanks very much hammy, I wish you all the best.

 

Pumpytums

[caro]

me thinks they are planning another claim for my overdraft - so maybe the hassle isnt over yet, that will be good the original balance was £1.76 now £2000 hilarious all charges. I will cross that bridge when I come to it.

 

HH

 

If this is the case I would be inclined to put in a complaint to the bank in question that the charges are unfair and disproportionate to the original debt. If it has caused you particular hardship explain why. If you don't get a satisfactory outcome, escalate it to the FOS.

 

If you do this, and they do indeed put in another claim you will be able to prove that you have not ignored the matter and actively tried to resolve the situation prior to any action. If it gets to FOS, even if it takes a while for them to investigate you'll be able to prove that the account is in dispute.

 

IMHO, the best way to avoid court action is to be pro-active.

[hammyhound]

On looking back at my posts I realise the one thing I should never have done was to sign the consent order. At the time I thought oh they have decided to discontinue. If I had not signed the action would have proceeded to trial and thereby the claimants would have had their claim struck out due to the failure of service of a DN.

 

A lesson to us all, dont sign a consent order, get them to formally discontinue which is what I should have done!!

 

HH

[hammyhound]

The barrister has now been in touch with a very long and descriptive advice. He has not seen my documents as yet but going by my email he said that if I actually appealed on the defective DN the claimants could come back again with a fresh DN and start the process again!!!!

 

He also said that I should have endorsed the consent order saying "this consent is in full and final in respect of any liabilities to the bank". I must confess my lack of legal knowledge shone through here and I did not think at the time I would need to do this.

 

My appeal is going to cost approximately £3000. Unfortunately money I do not possess so I will have a think over the next few weeks.

 

My biggest regret in my life was signing that bloody consent order!!

 

HH

[underdog13]

Sorry to hear this, HH. No chance of the Barrister taking the case pro bono, I suppose?

[hammyhound]

Nope all monies up front which gives me probably 2/3 days to find the money before he will entertain a conference so that probably answers my question about a possible appeal. He did say if I win I would get the costs back but it is no comfort to try and find the money in the first place.

 

HH

[underdog13]

I know what you mean, HH. Justice for those that can afford it! My sincere sympathies.

[hammyhound]

As per a previous thread I had judgement was awarded against me forthwith. I immediately applied for variation.

 

I gets a letter this morning replying to my application saying they wont accept my instalments and that I should pay an extortionate amount per month or payment in full by 2016. BTW this is a very high debt. They say it will take 50 years to pay it off so therefore they want it all paid off by 2016.

 

One I haven't got £600 per month spare.

 

What do Caggers think a judge may do. Will he award this. If he does it means I cannot pay anything else like my mortgage. Now I am going hairless thinking about it. I put everything down which I pay each month and am left with buttons I offered £40 per month.

 

Where the hell do I think I can get that amount of money.

 

BTW in their letter and application refusing my instalments it says either I pay nearly £600 per month in full by 2016 - there are no other options - is it right that they can dictate what I pay

 

Some advice would be greatly appreciated.

[sillygirl1]

Who is the company claiming, not HFO by any chance? We need the claimants solicitor, original creditor and particulars of claim posted as there may be a case for a set aside and for you to properly defend this.

[hammyhound]

Hi Sillygirl, thanks for replying

 

Here is my previous thread long and laborious. I did ask a direct access barrister about appealing but again it all amounts to money. He said there would be a possible appeal but I would have to find a couple of thousand for it. It is RBS by the way.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?276677-Reissue-of-court-proceedings&highlight=

 

I am seriously hoping a judge would look at my income and expenditure and see I just could not afford this. It is nearly my month's salary!!!

 

HH

[DonkeyB]

A judge would only make you pay what you can afford. Keep their letter for the hearing - its content won't please the judge, as it seems you have already offered more than you can afford.

[coledog]

Presume you do not own a home or any other assets?

 

Complete a detailed I&E based on Court guidelines - there is I and E advice on CAG or contact/look at National Debtline who have a fact sheet on this.

 

A court should never agree to more than you can reasonably afford

[Ganymede]

You can't force the Claimant to accept your offer. They probably want you to default so they can go for a charging order.

 

It will be down to the DJ to decide on your rate of payment.

[DonkeyB]

No, but the claimant has demanded £600 per month. Hammy is fully entitled to seek a redetermination.

[coledog]

Do you own a property Hammy?

[hammyhound]

Yes I jointly own my property but it will take a few years to get back into negative equity and Lloyds stuck a restriction on recently although they are aware if we sold in the next few years they wouldn't get any proceeds.

 

The thought of this is terrifying me. What their rejection application says.

 

We will accept £nearly 600 per month or full payment by 2016.

 

Coledog the court is already aware of my I & E as that is what you say set in your application to vary.

 

If the court awards it, I will not be able to pay my mortgage or utility bills.

 

I know it will take nearly 50 years to pay this off and I will be long gone but that is what I can reasonably afford.

 

Will there be a hearing or is it just automatic that the court will draft an order based on what they require.

 

As I said before the amount they require is nearly all my salary!!

 

HH

[Ganymede]

Yes I jointly own my property but it will take a few years to get back into negative equity and Lloyds stuck a restriction on recently although they are aware if we sold in the next few years they wouldn't get any proceeds.

 

The thought of this is terrifying me. What their rejection application says.

 

We will accept £nearly 600 per month or full payment by 2016.

 

Coledog the court is already aware of my I & E as that is what you say set in your application to vary.

 

If the court awards it, I will not be able to pay my mortgage or utility bills.

 

I know it will take nearly 50 years to pay this off and I will be long gone but that is what I can reasonably afford.

 

Will there be a hearing or is it just automatic that the court will draft an order based on what they require.

 

As I said before the amount they require is nearly all my salary!!

 

HH

 

 

It depends on what you ask for in your application. You can pay £40 and not have a hearing and the Order is made on the papers or £80 to have a hearing.

[hammyhound]

So I have to make another application again costing more money. This could go on and on, me making application for redetermination, Claimant refusing my payment and court ordering me to pay more than I can afford.

 

Surely a Judge will see from my previous application that paying nearly £600 would mean not paying my mortgage and utility bills or do they just look at the Claimant's reply and say that's what we shall set it at.

 

HH

[sillygirl1]

If you go ahead it is likely you will be ordered to pay a lot less than the £600 a month they are asking, they are taking outrageous liberties with this. Are you on any benefits as you can claim relief from court costs for this.

 

The online help legal services where you pay to ask questions are very often flawed in their responses - I know because somebody I helped win a case went to one of those first and was told 'not a hope in the world' that they would win....

 

On affordability alone you have solid grounds for a complaint and an N244 (think it is that) variation if they have actually got this order.