Tesco/RBS CCA Form Help Please/court papers sent

[silverfox1961]

On the left hand side of the N1 it states Particulars of Claim. just copy that but leave out any personal details (although there shoudn't be any in there)

[Mobytanner]

The particulars of claim states:

 

The Claimants claim relates to outstanding bank accounts maintained by the Defendant with the Claimant as follows:

Sortcode - my sortcode and acc no

Net Amount - my o/s balance including PPI cover

 

The claimant is the holder of a licence under the C C A 1974. The claimant has made demand/issued default notice in respect of the outstanding accounts. The defendant has failed to repay and/or the default notice has not been complied with. The total amount outstanding set out above includes accrued interest at the relevant agreement rate (contractual) from the date of demand/termination date to the date of issue.

And the claimant claims

1. My o/s balance

2. Costs

3. Interest pursuant to section 69 of the County Courts Act 1984 until judgment.

 

On top of this is the court fee of £190

 

HELP PLEASE!

 

I have sent FOS complaint to FOS today about TEsco handling of this - cant see that can hurt!

[silverfox1961]

Now I am confused. I thought this was for a loan, not a bank account:???:

 

If so the POC's are wrong.

Have a good read of the second link I posted above to give you some idea of what to do.

 

You have a total of 33 days from the date on the N1 (5 days for service + 14 days to acknowledge +14 days to put your defence or admission in)

If the claim form is from northampton, you can acknowledge online

[Mobytanner]

Yes it is for a loan - does the POC suggest its a account then? I will read your links.

 

What should I do next then - acknowledge on the basis that I will dispute??

 

I have already signed up to the Northampton Website so I will do it that way for speed.

 

Still not sure what to do, I am happy to dispute on the basis that I am complaining about PPI cover and should I then take the whole PPI figure from the o/s amount they claim?? However from other PPI info I have read I could be entitled to more then just the original PPI charge (+8%). So how can I correctly work out what I could get back or doesnt it matter at this stage?

[silverfox1961]

 

The Claimants claim relates to outstanding bank accounts maintained by the Defendant with the Claimant as follows:

 

I think that's what gave me the clue

 

I'm going to read the thread again to get an idea of what you could do but I will probably flag this up for a more legal mind than mime to look at

[Mobytanner]

Thanks for the help Silverfox, any advise from anyone is greatly received!

[Mobytanner]

Anymore advise on this - time is running out for me and I need to do something. Can I just accept the debt in total and try and get an acceptable monthly payment plan in place by the courts (which is what I want) and continue to dispute my PPI charges and hope if I win that they will take that off the o/s debt - however if I accept the full amount am I saying that I accept the PPI charges as well and have no recourse to continue to claim for PPI?? What shall I do?

[bazaar]

NOOO, you dont admit the debt, they have illegally charged you PPI, that MUST be claimed back either directly, or by counterclaiming, the account is in dispute because of that and they are claiming the full amount which they are not entitled to do

[Mobytanner]

A bit late now, I have had to respond running out of time and work issues means I wouldnt of had time to wait longer for replies here. - I have disputed the amount charged for PPI on basis of complaint and reduced what they are claiming accordingly. I have not counterclaimed but my PPi complaint is still being dealt with by Tesco so hopefully it will continue to be looked into.

[Mobytanner]

More advice please - following my defence I have now received an allocation questionnaire to complete - all seems very straightforward - any hints/tips on what to do from this point? I will confirm I want to resolve this matter without a court hearing (as I have always requested) if this IS FINALLY accepted by Tesco do I still get a CCJ against my name or not as I have settled without going to Court. Any help on this is appreciated - need to reply before 1st November. THX

[Mobytanner]

Have sent Allocation Questionnaire back and requested a month stay to try and resolve this with Incasso. I have written to them again asking them to accept my offer and also AGAIN point out this acount is in dispute due to PPI misselling. On that note I have chased Tesco for update on this complaint, but suspect nothing is being done as RBS are waiting on further info from the courts re PPI - if that is the case then surely any court action against me is not going to happen as I dispute the PPI charge plus interest??? Please anyone give me some advice.

[Mobytanner]

SUCCESS!!! Of sorts! Received Judgement order on Saturday - Accepted my offered monthly payment and also based on the lower figure - basically less the PPI plus interest figure - Therefore what do I do know - accept and have a CCJ? Or contest further??? Why did they have to go all the way to CCJ to accept my offer??? I still have a FOS complaint at early stages about all of this, I think I will push for CCJ to be removed on basis that they didnt need to this? Any help greatly received as I havn't received any in ages!