Urgent advice needed

[gunit2k9]

Hi

Urgent advice needed on this one. I have now received a letter (well I say a letter) more like a claim form from Southend county court re: tessera portfolio management ltd claiming £879.57. I presume this is a CCJ claim. I do not know about this debt but it could have been from my student days. The student advisory service dealt with all my creditors at the time and helped me pay off my debts. If this is from then it would be statute barred as I have not paid any moneys to or acknowledged any debt since May 2004. My credit reference report is clear. The only credit I have had and is run properly is my student overdraft in all that time. What should I do?

 

[The GodMother]

How long have they had the debt and have you told them its in Dispute?

If so send them a CCA and the OC a Sar request

[gunit2k9]

Hi The Godmother

 

Should I send them the SB letter as well? Advice in filling out the form would be much appreciated. From what I have read elsewhere I should fill in the Acknowledgement of Service form first to ask for more time to defend. What would be my defence? that it is statute barred and have not got any knowledge of debt or any prove that money is owed?

I have not corresponded with them but I did receive a letter from them at the beginning of April saying their solicitors were going to take me to court.

[cerberusalert]

Moved to the Legal Forum

[The GodMother]

You have it in one.

Acknowledge the claim then send a CPR request, same as sar, to the claimant on the papers give them 7 dyas to get u the info. If they dont then tell the courts this is SB and they are abusing the courts system to get money they are not entitled to. Also u mentioned the student advisory service was helping you with all your debts. Can u contact them in relation to this and see what document they have left in relation to you, they may not have any but then u dont know if u dont ask.

[gunit2k9]

So I send tessera a CPR request and the SB letter stating they have 7 days to reply. Fill in the Acknowledgement of Service form, ticking that I intend to defend all of this claim. Then after the 7 days send off form N9B (received with claim) defence of claim. On that form it asks in section 3 my defence. What would I put in there?

Section 5 asks whether I am making a counterclaim, do I leave it blank? or can Imake a claim for my time?

[The GodMother]

No.

 

U need to send the courts the acknowledgement of service ticking defend all. this then gives u 28 days from date of service to respond. U may also want to photo copy it and send a copy with the rest of the stuff u are sending the claimant.

 

To the claimant you need to send a cpr request to the claimant, tessera, advising them they have 7 days to respond to you. then once the 7 days are up wait a couple of days due to postage and if nothing recieved then sumbit a defense saying the claimant, tessera, has not responded to your CPR and you belive the debt is statue barred as you have not recieved any letters or acknowledged any debt since may 2004 you may want to add that it was paid off via the student finance company who was helping you if this is true.

 

Its up to you if you want to send a SB letter but you may not want to show them your defence b4 they recieve it.

[The GodMother]

Also do u have any previous paper work or contact details for the student finance people as they may be able to help u in relation to if this was paid off.

[gunit2k9]

Thanks

On the Acknowledgement of Service form would you provide telephone number, email address and would you sign it?

 

Sending off today.

[The GodMother]

Yes sign it but u dont need to use your normal signature or even add somthing that u know will make it not yours.

Remember any info u put on there, eg phone number email address, will go the the claimant.

[gunit2k9]

Sent the Acknowledgement of Service off on Saturday by recorded delivery.

 

I have sent the CPR request off today by recorded delivery. What do I do now? Wait until next Wedsnesday and then send my defence of to the courts?

[The GodMother]

Sit and wait. Have u found out any paperwork u may have or contacted the student finance people.?

[gunit2k9]

Unfortunately, neither I or the Student Advisory Service have any paperwork from back then. I have contacted them and they say they don't hold anything for more than 6 yrs. I have moved house a couple of times since leaving uni and most of any sort of paperwork as been lost along the way. I have nothing else to go on because they dont state on their claim who the original creditor was. Just that they are claiming this money for account no 22#######. I can't even say whether I had credit with whoever it is back then because of this.

I have not had any sort of credit or paid any money since the latest 2004 may have even been before then. Except my student overdraft which I still have now and run properly. I have only just got a contract phone and check my credit reference report regularly and that is fine.

[The GodMother]

Ok thats feesable to hthink they have nothing especially after 6 years, due to laws u see, Also feesable for u but some people would say u should have kept it all.

I am guessing u dont regonise the account number from ur previous debts. Keep an eye on the credit report even think about checking other credit companies, experian, equifax etc as they dont all report to the same one.

[gunit2k9]

Right I have waited over 7 days now and have not received anything from the claimant in reply to my CPR request. I am about to fill in the claim form. Any advice?

[The GodMother]

Yep deny everything and clearly state youquire h defendant o prvide proof of the debt and how longit i sine lst pyment or admittion of debt.

[The GodMother]

Al advithecourts you have asked for a cpr frth laimant but hy hve not supplied anything

[gunit2k9]

Right thats done. What happens next?

[The GodMother]

U wait to hear from the courts.

[gunit2k9]

Hi

Good news I think:) !!!!!

Received a letter from Tessaras Solicitors today stating that they are ceasing legal proceedings based on my defence and that they would need time to seek additional information from the vendor. They have enclosed a signed copy of the Notice of Discontinuance.

Is that the end of it do you think?

Thanks for your help much appreciated.

[The GodMother]

Check with the courts. The courts should have a phone number u can call and as result they can tell u if the discontiunance is true