cabot /morgan Claimform CITICARD-last year had a Wright Hassle SD attempt too!!

[nicklea]

Hi dillon,

 

Yes, because when you do your defence it needs to be tailored to what is claimed against you and we can only do this if we know what they are actually claiming. The particulars of claim will be on the very front page. Obviously, don't type up any details that would identify you personally.

 

With the aknowledgement of service form this is one of the forms that you will have got in the pack. If you're not too sure which one it is, here is a copy of one:-

 

http://www.hmcourts-service.gov.uk/courtfinder/forms/n9_web_e.pdf

 

You need to fill in all your details and tick the box that says you will defend the entire claim.

 

You can also do this online and details of how to do it are included in the pack

[dillon21]

Particulars of claim

 

 

the claiment is the assignee of a (debt)s from citifinacial european plc association platinum visa refrence ~~~~~~~~

 

 

Notice of assignment having been given to the defentant in writing.

 

 

Despite demand for payment 4820.62 remains due

 

 

The claiment claims 4820.62 and intrest under s 69 county courts act 1984 and costs

[debbbbsy]

Getting Them To Reveal Their Vitals. Using CPR 31.14 to Your Advantage

 

 

 

When a claimant issues a claim, he is obligated to have in his possession proof that the claim is enforceable. This thread will explain this.

 

Debs

[nicklea]

as debbsy says have a read of the link that she gave you.

 

First thing to do after you have ackowledged service and returned the form to the court

[dillon21]

Thank you will do this and let you know how i get on

[dillon21]

Please could someone advise

 

 

received a letter from above solicitors saying despite previous attempts to contact you your balance remains outstanding

 

 

it says our client has instructed us to review you case with a view of serving you with a bankruptcy order and

 

 

this will mean you are declared bankrupt with the following implications all you assets including your share in your house will belong to the trustee

 

 

this May result in your house being repossessed

 

 

then goes on to say you go on a list

 

 

I'll I want to know is can they do this debt is £5000

 

Many Thanks

[maroondevo52]

Hi,

 

Some history of this debt would help others advise.

[BRIGADIER2JCS]

Please could someone advise

 

 

received a letter from above solicitors saying despite previous attempts to contact you your balance remains outstanding

 

 

it says our client has instructed us to review you case with a view of serving you with a bankruptcy order and

 

 

this will mean you are declared bankrupt with the following implications all you assets including your share in your house will belong to the trustee

 

 

this May result in your house being repossessed

 

 

then goes on to say you go on a list

 

 

I'll I want to know is can they do this debt is £5000

 

Many Thanks

 

 

The creditor must first file a Statutory Demand for Payment, which will give you a time scale to rectify the debt or set aside the SD and enter a defence, the solicitor seems to have conveniently omitted this information.

 

£750.00 is the threshold for a BR petition.

[42man]

If it was me in your position then I would be sending off a SAR to the original creditor to gain as much info as possible, and to see if they comply, if it is a 'credit' product then a CCA request won't do any harm either - as you may have read a SAR costs £10 (make sure you send any correspondence via recorded) I would send a postal order too. If you do get a stat demand or if anybody leaves a note saying they want to visit you, then keep us posted...

[dillon21]

Hi

could someone advise

 

 

I have received a letter from aove solicitors about a credit card debt to CitiFinancial

headed bankruptcy warning it reads our client as asked us to review your case with a view to serving you a bankruptcy petition

and obtaining a bankruptcy order against you

 

 

this will mean you wil be declared bankrupt All of your assets including your share of the house will belong to the trustee in bankruptcy

 

 

they will establish the level of equity in my home and this may result in repossion is this correct many Thanks

[Ganymede]

Hicould someone advise I have received a letter from aove solicitors about a credit card debt to CitiFinancial headed bankruptcy warning it reads our client as asked us to review your case with a view to serving you a bankruptcy petition and obtaining a bankruptcy order against you this will mean you wil be declared bankrupt All of your assets including your share of the house will belong to the trustee in bankruptcy then goes on to say the they will establish the level of equity in my home and this may result in repossion is this correct many Thanks

 

 

 

Do you have another thread somewhere?

 

If not then you need to start from the beginning and explain a lot more than you have...

[maroondevo52]

Two threads merged,

 

dillon21 please continue to post here regarding this issue.

 

Thanks,

 

Scott.

[Old Cogger]

In a nutshell they can in theory make you bankrupt for a debt over £750. What is the debt and do you dispute it?

 

Have you received a statutory demand?

 

 

 

Over £1,000 now.

[dillon21]

It's a debt on a credit card citi I think I sent a sar a few years back but didn't receive anything back my main concern now is to stop a bankruptcy order should I offer a payment arrangement

Thank you

[Mike_hawk]

It's a debt on a credit card citi I think I sent a sar a few years back but didn't receive anything back my main concern now is to stop a bankruptcy order should I offer a payment arrangement

Thank you

 

When was the last acknowledgment or payment to the account?

 

Assuming it is cca regulated when was it defaulted and do you have any documentation of the demand?

[dillon21]

The last payment was a few years and no I don't have any paper work should I reply and make an offer of a payment

[citizenB]

I think the BR figure is still £750.00.

[Mike_hawk]

The last payment was a few years and no I don't have any paper work should I reply and make an offer of a payment

 

Is it acting for Citi or has the debt been assigned?

 

Entirely up to you if you want to make an offer of payment.

 

Perhaps SAR to original creditor and CCA whoever is pursuing you for payment will establish the true quantum.

 

It's important to clarify not only your last acknowledgement of the debt but also the date it acquired a cause of action. Perhaps a statement of account served 6 years+ ago including a demand for total balance would satisfy s5 & s6 of the limitation act and may provide you with a case for SB.... assuming your 'few' is 6 or more (years).

Edited December 2, 2013 by Mike_hawk

[dillon21]

Sorry I haven't replied before but hubby as been hospital for operation

 

the letter from the solicitors is dated 22nd November

 

I have had nothing in writing since lots of phone messages left

 

I'm very confused

 

should I send them an sar or citi

 

I'm sure I have done this before to citi

 

should I write to Wright Hasssall and tell them I have done this and received nothing back

 

I really can't have them going for my house

 

Pretty please can someone tell me what I should do I haven't replied or heard anything since original letter

[unclebulgaria67]

Is there any CCJ for this debt ?

 

If not, have you ever received a statutory demand for this debt ?

 

Answers to these questions please.

[dillon21]

No to the first question

And not sure abouth the second

Sorry

[unclebulgaria67]

No to the first question

And not sure abouth the second

Sorry

 

A statutory demand is a formal letter that is often hand served to a debtor, but can be posted at last resort, which states the amount of debt and which confirms that if the demand is not set aside by an application to a court within 18 days, that a petition for bankruptcy can folllow.

 

If you are not aware of a statutory demand, then perhaps one has never been issued. Without a CCJ, they cannot petition for your bankruptcy, without first issuing a statutory demand.

 

So at the moment, I don't think there is any immediate bankruptcy threat to deal with. BUT you should perhaps think about what you can do to help put yourself in a better position to be able to fight, should you need to.

 

1) Send a CCA request to the current owners of the debt

2) Send an SAR to the original creditors asking for all data held and copies of all statements of account.

3) If any PPI or excess charges, you should be looking to claim this back, once you have the SAR information.

 

Are you clear, what you need to do ?

[dillon21]

I think so but may need to get back to you if I get stuck is that ok

[unclebulgaria67]

I think so but may need to get back to you if I get stuck is that ok

 

Yes.

 

If you click on CCA request in the last post, it links to the letter you need to send to the current debt owners. Don't forget to send them the £1 postal order which is the fee due to them.

 

For the SAR to the original creditors, click on the SAR link for the letter. You need to send them £10 as the fee due to them. Amend the SAR letter to ask for copies of all statements of account, as well as all other data held by them.

Edited January 8, 2014 by unclebulgaria67

[dillon21]

advice please received notice of proposed allocation to small claims track

saying this is now a defended claim how do I go about filling this form

Thanks