Court summons restons mbna. Help please.

[ambercatz]

Hi

We have a DMP with CCCS from sept last year. Recently got a letter from Restons saying if not paid by aug 16th they would start proceedings. Rang them and explained were with CCCS and they just said will they send SOA by 16th Aug, I said they were sending it today (3rd July). I rang CCCS who transfered payments to Restons and sent our SOA.

Today we have received a summons and they are also adding on interest. They received our payment from CCCS in August.

I don't know what to do. I have not requested a CCA as I am of the opinion that it is our debt and we are trying to pay it. I can see no way I can defend it. We cannot get to a court in Nottingham. They have also added a court fee of £75 and solicitors fees of £80.

What should I do-I thought we were slowly clearing our debts and now this has really upset us.

Can anyone help-I am getting really worried and can't concentrate on anything else

Any help gratefully received.

[dx100uk]

whats an soa?

STOP PHONING DCA's

NEVER EVER DO THAT, demand everything in writing

you wont have to go to notts

just get it transferred to your local court.

type in CCJ in our search and do some reading up.

esp of the threads in this forum.

dx

[ambercatz]

SOA is statement of account-all our income and expenditure. Yes I do realise I should have put everything in writing-learning quickly by my mistakes but how do I get it transfered to my local court if I do not defend it? I can see no reasons I can give for defending it.

Really need help here please.

[bazaar]

well, you simply have to defend it, to get it transferred to your local court.

Otherwise they will win by default and you lose further money.

This is a vexacious claim as you are on a payment plan, so fight back for F***s sake

[Series3]

If your not going to defend it then there isn't much you can do. Like the rest of us on this this site your struggling with debts. None of us are looking for a quick fix to relieve us from responsibility but find we have to make a stand and fight back.

I had no problems with MBNA and because I had my Credit File marked by another DCA they reduced my limit and raised the interest to 29%. I decided to fight them.

If you don't you lose anyway with added costs.....If you do fight, hey you might even win or come to a better arrangement with your creditor.

You fight and lose and your no worse off anyway.

It's your call, we're just here to help and support you.

 

Series3

[ambercatz]

I would happily defend it if I could find a legal reason to do so. They seem to have sent me the letters they should have, the debt is mine and I have read that if you don't have a good defence you can get charged for wasting time and that would mean more costs.

If anyone can advise me what I can use as a defence then I will fight it but at the moment I can see no reason I can use-I really wish I could find a way. I don't think being on a DMP counts as a defence. Has anyone else been in this situation who can advise me in any way. I really would appreciate it.

Thank you

[bazaar]

Of course being on a dmp counts towards your defence, although you say the debt is yours, which part of it has any illegal costs added to it?

Get a CPR 31.14 request into these buffoons NOW Get a SAR to Original creditor so you can find out what theyve added.

THEN, you file a counter claim for the difference, who, knows theyll probably crawl away after you give them a kick back.

Why would you want them to add to this debt?

 

If you want, you can give me your details, and I will file a claim against you:-D

Sounds like a damn fine earner to me.

[ambercatz]

A further query

 

Restons are adding s69 interest to our claim which it looks like they can't do:

3) Interest shall not be payable under this Order where the relevantjudgment—

 

(a)is given in proceedings to recover money due under an agreementregulated by the Consumer Credit Act 1974(2);

 

My question is: if we are agreeing the claim how do we go about arguing this-do we dispute this part of the claim or should I just ignore it as it will only be around £20 and they will have to wait years to get it all anyway. Or can we argue it later at a redetermination hearing?

 

Any thoughts appreciated

[Guest]

AFAIK.

the '91 Order you quote is in re of interest on judgement debts.

s69 County Courts Act interest is up to judgement or date of payment if payment is made before judgement.

 

s69 County Courts Act

'69 Power to award interest on debts and damages

(1)Subject to [F1rules of court], in proceedings (whenever instituted) before a county court for the recovery of a debt or damages there may be included in any sum for which judgment is given simple interest, at such rate as the court thinks fit or as may be prescribed, on all or any part of the debt or damages in respect of which judgment is given, or payment is made before judgment, for all or any part of the period between the date when the cause of action arose and—

(a)in the case of any sum paid before judgment, the date of the payment; and

(b)in the case of the sum for which judgment is given, the date of the judgment.................

.................

(4)Interest in respect of a debt shall not be awarded under this section for a period during which, for whatever reason, interest on the debt already runs.....'

'

Edited September 12, 2010 by Ford
typo

[ambercatz]

Oh I see.

Thank you for clearing that up before I looked stupid before a judge.

Does 'the date when the cause of action arose' mean the date of the claim. I assume it does but just wanted to be sure.

Thanks

[Guest]

anyone any thoughts on when a 'cause of action' arises in CCA cases? thanks.