Help only 1 day left to file defence

[MikeSplicer]

Hi All

 

Havent been on here for a while; due to need. But Long Story Short.......

 

Due to personal reasons we (wife & I) got into a a bit of money trouble about 3 years ago so we asked our creditors (2) for the Oringinal Agreements'; one sent an agreement that could not be read at all, it was such a bad copy, I complained to the FSO and they agreed with the creditor even though I was still not given a readable copy. meantime we still could not pay so we did the cowardly thing and buried our heads, amazingly this seemed to work everthing went quiet and now after 3 years of nothing we receievd a letter offering us a big discount (about a third) if we pay up; while we where considering this a CC Claim arrived in the post for the full amount.

 

We are now very scared and on unknown ground; we have only just got our life's back on track. So my questions to the more experienced people on here....

 

Do I have to pay up the Full amount or will the offer stand?

Can I ask for time to Pay without incurring a CCJ?

If I dispute the claim and it gets to court and then pay the Full amount will I still get a CCJ?

 

As a bit of background we have not got the full amount but I could probably raise some of it now I am working.

 

Any help really appriciated.

Edited November 12, 2010 by MikeSplicer
Typo

[dx100uk]

you must ack the claim pronto

 

is this northampton bulk clearing etc.

?

 

moving this to the legal section.

 

dx

siteteam

[spamheed]

The claim form has a section marked Particulars of Claim, can you type up what they have put to give a better idea of where you stand.

 

As advised you need to acknowledge the claim asap - you can do this online - depending on what their POC state this may influence your decision with regard to defending the claim (ie defend all, defend part or accept the claim and negotiate terms)

 

Are there any charges or PPI on this account?

 

is this a sole or joint account?

is the claim made in joint names or against only one of you?

[MikeSplicer]

you must ack the claim pronto

 

is this northampton bulk clearing etc.

?

 

moving this to the legal section.

 

dx

siteteam

 

Yes it is from Northampton what does this mean?

[MikeSplicer]

The claim form has a section marked Particulars of Claim, can you type up what they have put to give a better idea of where you stand.

 

As advised you need to acknowledge the claim asap - you can do this online - depending on what their POC state this may influence your decision with regard to defending the claim (ie defend all, defend part or accept the claim and negotiate terms)

 

Are there any charges or PPI on this account?

 

is this a sole or joint account?

is the claim made in joint names or against only one of you?

 

***************

Particulars of Claim:

The claimant claims the sum of £2000 for debt and interest the defendant was indebted to for credit advanced. The The debt was assigned to the claimant. Notice of assignment was given to the defendant. AND THE CLAIMANT CLAIMS

1. The sum of

2. Statutory interest pursuant to section 69 of the county court act 1984 at a rate of 8.00% per annum from, 27/10/08 to 4/11/10 and thereafter at a daily rate of 0.39 until judgement or sooner payment.

 

IF YOU WISH TO SPEAK TO US REGARDING THIS CLAIM THEN PLEASE CALL XXXXXXXXX

*************

Sole Name & No PPI

 

Thanks

[AndyOrch]

Yes it is from Northampton what does this mean?

 

Hi Mike long time no see I do recall the avatar though very good album:wink:

 

Northampton or CCBC is the bulk center for issuing summons and can all be done on line,Look at your summons there will be a code and a password you can enroll on a site called MCOL (Money claim in line) and process most of this on line.

 

Regards

 

Andy

[MikeSplicer]

I am confused; I have read the form and seem to have the choices below

 

Admit the all amount.

Admit Part of the amount

Dispute whole amount

Ask for more time to prepare a defence.

 

So if I admit the amount does that mean I now have a CCJ on my credit file?

If I ask for more time do I then HAVE to dispute or can I admit later down the line?

[AndyOrch]

I am confused; I have read the form and seem to have the choices below

 

Admit the all amount. (agree you owe it)

Admit Part of the amount (Agree part owed but the amount is in dispute)

Dispute whole amount (defend all of it and submit a defence)

Ask for more time to prepare a defence. (request more information from the Claimant and extend your time to submit a defence vis a CPR 15.5)

 

So if I admit the amount does that mean I now have a CCJ on my credit file? After they process it you will be allowed to pay and if you settle in ie 28days,time no CCJ will be awarded

If I ask for more time do I then HAVE to dispute or can I admit later down the line?

Plea to defend the whole amount and submit the CPR 15.5

Regards

Andy

 

 

 

[MikeSplicer]

Thanks Andy; But whats a CPR 15.5

[AndyOrch]

Agreement extending the period for filing a defence

 

15.5

 

(1) The defendant and the claimant may agree that the period for filing a defence specified in rule 15.4 shall be extended by up to 28 days.

 

(2) Where the defendant and the claimant agree to extend the period for filing a defence, the defendant must notify the court in writing.

[MikeSplicer]

Oh Okay; So sorry to sound a bit thick but if I ask for an extension then contact the creditor is he likely to go for the settlement amount that was on offer previously. or am I not allowed to contact the creditor?

 

I know these questions my be very basic but I am just in new territory here

[AndyOrch]

You can contact the creditor at any time during the proceedings to try to seek settlement.The point is getting this part correct and not ending up with a CCJ by default by simply not following the procedure correctly.

 

Regards

 

Andy

[MikeSplicer]

Okay I have submitted an Acknowledgment of Service saying I intend to defend the claim;

 

What would be the best approach now to get a Full an Final Settlement figure from the creditor?

[AndyOrch]

Which ever way you choose you can write (marked without Prejudice) or telephone

[spamheed]

in the first instance you need to have sight of any documentation that they have to support their claims, they could be bringing this claim with no proof of any kind.

 

CPR stands for Court Protocol Rules, they basically lay out the terms and conditions for making or defending a case in the courts

the different sections cover different aspects (and stages) of the court process

 

CPR 31.14 allows you to request copies of any documents referred to in their POC (Particulars of Claim) this will establish how good their case is.

 

Depending on what sort of documentation they have will affect how settlement negotiations will go, obviously if they feel that they have a water tight case then they might prefer to continue with the case, or demand the full outstanding amount.

 

However, the opposite can also be true, if they don't have anything to support their claim, then they might be prepared to settle for a lot less than the full outstanding amount.

 

You can attempt to negotiate with the claimant at any time,

 

Either way, keep all correspondence in writing and obtain proofs of posting and delivery. make sure that any agreement re F&F is obtained in writing before any monies are paid

[MikeSplicer]

in the first instance you need to have sight of any documentation that they have to support their claims, they could be bringing this claim with no proof of any kind.

 

CPR stands for Court Protocol Rules, they basically lay out the terms and conditions for making or defending a case in the courts

the different sections cover different aspects (and stages) of the court process

 

CPR 31.14 allows you to request copies of any documents referred to in their POC (Particulars of Claim) this will establish how good their case is.

 

Depending on what sort of documentation they have will affect how settlement negotiations will go, obviously if they feel that they have a water tight case then they might prefer to continue with the case, or demand the full outstanding amount.

 

However, the opposite can also be true, if they don't have anything to support their claim, then they might be prepared to settle for a lot less than the full outstanding amount.

 

You can attempt to negotiate with the claimant at any time,

 

Either way, keep all correspondence in writing and obtain proofs of posting and delivery. make sure that any agreement re F&F is obtained in writing before any monies are paid

 

Thanks spamheed

 

I have sent my 31.14 request off and I am now waiting; but I have noticed that they only need send in documents refereed to in the POC; I asked for :-

 

The Agreement

The Assignment

The default notice

 

But based on my POC.....

 

***************************************************

Particulars of Claim:

The claimant claims the sum of £2000 for debt and interest the defendant was indebted to for credit advanced. The The debt was assigned to the claimant. Notice of assignment was given to the defendant. AND THE CLAIMANT CLAIMS

1. The sum of

2. Statutory interest pursuant to section 69 of the county court act 1984 at a rate of 8.00% per annum from, 27/10/08 to 4/11/10 and thereafter at a daily rate of 0.39 until judgement or sooner payment.

 

IF YOU WISH TO SPEAK TO US REGARDING THIS CLAIM THEN PLEASE CALL XXXXXXXX

*****************************************************

 

It does not mention the original agreement; how do I get them to send me this or will the 31.14 do?

 

Mike

Edited November 18, 2010 by MikeSplicer
Typo

[spamheed]

Although not specifically referred to in the POC, most claimants will send it with this request as it normally underpins their claim

You can always send them a s78 request (CCA request) to obtain a copy of the agreement and terms and conditions, although not always necessary, it cannot hurt.

[broken arrow]

CPR stands for Court Protocol Rules

Do you not mean "Civil Procedure Rules"

 

Is the claimant HFO? by any chance

[broken arrow]

Link to the rules

 

 

http://www.justice.gov.uk/civil/procrules_fin/

[MikeSplicer]

Do you not mean "Civil Procedure Rules"

 

Is the claimant HFO? by any chance

 

HFO Who are they

[broken arrow]

HFO Who are they

 

HFO are a DCA.

 

 

Particulars of Claim:

The claimant claims the sum of £2000 for debt and interest the defendant was indebted to for credit advanced. The The debt was assigned to the claimant. Notice of assignment was given to the defendant. AND THE CLAIMANT CLAIMS

1. The sum of

2. Statutory interest pursuant to section 69 of the county court act 1984 at a rate of 8.00% per annum from, 27/10/08 to 4/11/10 and thereafter at a daily rate of 0.39 until judgement or sooner payment.

 

IF YOU WISH TO SPEAK TO US REGARDING THIS CLAIM THEN PLEASE CALL

As you had not stated who the Claimant was, I was asking if HFO were the Claimant as I have seen similar POC from them.

[MikeSplicer]

HFO are a DCA.

 

 

 

As you had not stated who the Claimant was, I was asking if HFO were the Claimant as I have seen similar POC from them.

 

Oh Okay No not HFO Prefer not to say just in case they are reading this thread

[MikeSplicer]

Well Its been over 7 days since I sent the 31.14 request in and nothing.

 

Do I send a letter now asking them if they require more time to satisfy the request?

Do I send this to the DCA or Solicitor?

Do I send a copy to the Court?

 

Thanks for all your help

 

Mike Splicer

[MikeSplicer]

BTW Is there a template I could use?

 

TA

[MikeSplicer]

Any help Greatly appriciated,