County Court Claim before Default Notice?

[esorted]

Afternoon. I have just opened the post and there is a County Court Claim Form (CCCF) that relates to my partners Next Directory account. Payments to the account have been delayed recently, but are up to date. The last letter received from them, dated 26th May required payment of £145.50 by 16 06 10. That payment was made 06 07 10. Then, without any default notice or further correspondence at all, a CCCF arrives. Another letter from Howard Cohen and Co is also in today's post stating they require payment in full or they will seek judgement against my partner.

 

We can enter into short term arrangement over 4 months to clear this, but cannot clear it in full now. Our absolute priority will be to avoid a CCJ against my partner as this will severely damage her credit rating.

 

Thanks in advance for any advice.

[alfwithhair]

Are you certain that what you have received is a genuine N1 claim form from the courts and not something Cowen's have cobbled together to intimidate you in to paying.

 

The time span seem as bit to quick for a court claim to have been issued

 

Any chance you could scan or photgraph what you have received (minus personal details) at post it up on here

[alfwithhair]

Hi. Yes I'm certain. I have attached as requested. Thanks.

 

I will get this post moved to the legal issues section where you will get advice on what your options are

[cerberusalert]

Moved to Legal Forum.

[ukaviator]

Esorted. .

 

Your Password is showing on the claim form as well as court claim number, i have unapproved your post until you amend the attachment.

[esorted]

Doh. Please see revised attachment without p/word showing. Thanks.

scan0003.pdf

[Fluffystuff]

esorted - your claim no. is still showing!

[alfwithhair]

Just bumping this back to the top for you.

I have noticed that the POC mentions nothing about this account being regulated by the comsumer credit act nor any mention of any default notice being issued.

Have you ever made a CCA request to Next?

It is my understanding that a default notice has to be issued before any legal action for the full amount can be initiated.

 

I am not a legal expect though so maybe someone else in the know can elaboratate.

 

But you do need to acknowledge the claim asap and send Cowens 31.14 CPR request by recorded delivery

I take it you will be defending the whole claim

Edited July 16, 2010 by alfwithhair

[esorted]

Hello again. Apologies for ignorance - here is the attachment without any references. Thanks.

scan0004.pdf

[alfwithhair]

Have a look through this thread

Is identical to your POC

 

http://www.consumeractiongroup.co.uk/forum/dca-legal-successes/221593-howard-cohen-4-next.html

 

How old is this account by the way?

[esorted]

Hello.

 

Thanks for the advice to date.

 

I think there are two questions to answer:

How old is the account? Probably two to three years.

 

Am I defending the whole claim? No. The amount claimed does not take into account a payment made earlier this month. (I.e they claim £678 ish and this does not take into account a payment of £145.50 made on 6th July - which was late...)

 

My partner owes the money, and doesn't intend to avoid payment, I just don't see how she can move from a late payment letter to a court claim in a month.

 

I am going to suggest to her that, in the 1st instance, she phone's Cohens and clarifies the amount owed, and offers a voluntary payment plan over four months.

 

My credit history is shot to s*** and I want to protect hers at all costs.

[supasnooper]

Unfortunately if part of the debt is admitted, your wife WILL get a CCJ.

 

Have you read this thread -

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/241827-legal-action-how-start.html

 

If as you say no Default Notice has been issued, I would urgently suggest that a Subject access Request is sent to the original creditor.

 

.........and you could try to negotiate with Cohens.......they may be amenable.