Claim Form - arrow global/HBOS CC. *** DISCONTINUED ***

[Undercover-Elsa]

Hi Mooshy,

You can request mediation via the courts. Both parties have to agree to it (although it looks bad for them if they refuse). If an agreement is reached before the court date then you wouldn't get a CCJ.

More info: http://www.direct.gov.uk/en/MoneyTaxAndBenefits/ManagingDebt/Makingacourtclaimformoney/DG_195936

 

You really need to find out if it's Statute Barred, though, as that would solve all your problems.

 

Elsa x

[the_shadow]

A time order would stop a ccj being registered against you as it directly alters the t&c of repayments/interest.

 

Once again if this debt is stat barred its an absolute defence.

 

S.

[mooshy]

Ok I,ve decided to go for mediation.

Northampton court mediation line is now closed for weekend and I,m going into hospital Monday !

date on the claim form is .6th June am I ok doing this tue or am I too late ?

Thanks so much btw for advice x

[Undercover-Elsa]

Hi Mooshy,

Thanks for your pm, I thought it best to respond on here so you'd get further input. The difference between mediation and a Time Order is that mediation tries to help both parties come to an agreeable informal arrangement without going to trial. This can be done for free via the courts after you've acknowledged the claim.

A time order is a more formal arrangement which both parties must adhere to...so they couldn't take you to court and get a ccj providing you keep up the payments.

 

This can also be applied for after acknowledgement of service.

 

My own opinion on this is that you should acknowledge service and state you will be defending all the claim. This will give you a further extension of time to decide what to do. At the same time, send off a request for all the relevant documentation, which they have to supply within 7 days of receipt, or agree to a further extension if they can't.

I seriously would not make any decision until these documents were in my possession. Then you can decide whether to go for either mediation or a time order...IF you don't have a good case.If the documents show you do then they may discontinue, or you may be able to get it set aside for non compliance if they can't produce them.

One step at a time.

That's only my view. Strictly no pressure, it needs to be your decision. Others will may advise differently, I really do feel for you and I know you're very scared by the whole process but you do need to make a decision one way or the other very soon otherwise you'll get that CCJ by default, and I'd hate that to happen to you.

Sorry to hear you're going in hospital. You still have time to sort it out after that so try not to worry and get yourself better,

 

Take care hun,

 

Elsa x

[havinastella]

MOOSHY,

 

You REALLY REALLY REALLY need to find the date of the last payment. When did you LAST make a payment against this card??

[Undercover-Elsa]

Don't suppose you can find the Default Notice, Mooshy? That would be a good indication of SB start date, if it was issued correctly.

[mooshy]

Elsa-if I acknowledge the claim (online ) and tick the box i intend to defend all the claim and they then provide everything i ask for and my defense in crap what is the worst case scenario ? Wouldi actually have to go to court and would my employers be informed ?

[Andyorch]

No you can withdraw your defence and change your plea (if the docs are furnished and are compliant) but you will get a CCJ unless you settle it within the judgment time.

 

Regards

 

Andy

[mooshy]

"you can still admit the debt and negotiate out of court before the hearing date, indeed it's encouraged. "

I`m still really confused.

If i fill out the acknowledgement and tick the defend all claim box - andyorch you say i`ll stillget a ccj as i may well have to withdrae defence admit debt and then wont be able to apy up front anyway so will get a CCj.

Elsa you say .."you can still admit the debt and negotiate out of court before the hearing date . . . . , i assumed this would mean no ccj.

 

For the first time i`m thinking of defendimg even tho i know i owe this money-i just want to do whatever to try not to have aCCJ against me ??

[dx100uk]

forgot to put this thread in your name after the tidy session

 

sorry done now

 

dx

[Undercover-Elsa]

Hi Mooshy,

Andy gave one option, but you can still negotiate with them out of court after acknowledging/defending, in the same way as you can now before admitting or denying the claim online. You just have more time to do it after.

No guarantees that they'll agree, either now or further down the line but I honestly feel that you'll have more options, and less chance of getting a CCJ if you acknowledge and deny all, and get that vital info.

Once a defence has gone in you would get an "Allocation Questionairre" from the court, designed to allow the court to decide how to progress the case. At this stage you can if you wish (if your defence is poor for instance) tick a box to ask for mediation. A quote from the AQ notes below (I've attached the full form for your reference too).

A Settlement

Under the Civil Procedure Rules parties should make every effort to settle their case before the hearing. This could be by discussion or negotiation (such as a roundtable meeting or settlement conference) or by a more formal process such as mediation. The court will want to know what steps have been taken. If you think that it would be worthwhile you and the other party trying to negotiate a settlement at this stage you should tick the ‘Yes’ box. The court may order a stay, whether or not all the other parties to the claim agree. Even if you are requesting a stay, you should still complete the rest of the questionnaire.

More information about settlement options is available in the Legal Services Commission leaflet ‘Alternatives to Court’ free from any county court or the LSC leaflet line on 0845 3000 343. If you would like to find out more about mediation, and the fees charged, contact the National Mediation Helpline on 0845 60 30 809 or go to www.nationalmediationhelpline.com. Although you may appoint a mediator of your choice, if you would like the court to arrange a mediation for you please tick ‘Yes’. By ticking this box you are consenting to your contact details being passed via the Helpline to an accredited external mediation provider."

 

 

Read up as much as you can on the whole process, it has to be your decision.

More here:

http://www.direct.gov.uk/en/MoneyTaxAndBenefits/ManagingDebt/Respondingtoacourtclaimformoney/index.htm

 

Elsa x

Hope Monday went OK for you?

n150-allocation questionairre.pdf

Edited June 23, 2011 by Undercover-Elsa

[Matt5791]

Basically, if a claim has been issued the clock is ticking - you are fire fighting now. All the legal stuff can come later, but you need to stop the clock ticking and ytou do this by:

 

1. Acknowledgment of service within 14 days of the date of service (which is 5 days after the issue date shown on the form).

2. Then, within 28 days of the date of service you need to issue a defence. What the defence is, is something people with more time than me can help you with on this forum, but you must file it before the 28 day mark.

 

Once the defence is filed then the routine administrative court stuff goes on, including whether you woudl like to go for mediation. Opt for this, but make sure you go into a mediation with all your facts straight - again, people will help you here.

 

What you need to do is get an affordable payment package from them or the debt written off if you can make a case for this.

 

If you leave the claim form they will get an automatic judgement - a judgement by default. And you do not want that - you could get it set aside, but then that is another battle to fight. Try to reduce the battles.

[mooshy]

Thanks Elsa and Matt.That's really helped.

Elsa your very kind.Monday went ok thank you just a bit grotty from the GA buttheory this and 4 children and I,m also a midwife in my spare time ! Have to crack my own whip .Lol

Right I,ll do the acknowledgement today. . . Online if that's ok and tick defend all box to give me more time.

I,ll then request everything Elsa suggested and talk to you guys along the way.

thanks so much for your information it's really helped me x

[Undercover-Elsa]

Hi Mooshy,

Excellent..we'll then need to have another look at the Particulars of Claim and we'll help you with the letter to send to the solicitors for the documents etc..the "CPR 31.14 request."

You'll need to send a Subject Access to the original co too to cover all aspects, but that takes a while so best done asap.

I'm a retired SRN by the way. Midwives are a rare breed aren't they?

[mooshy]

Elsa - do i tick the box - Contest Jurisdiction ???

I`m doing it online at the mo and dare not come out of the moneyclaim online until its all complete ? x

[DonkeyB]

Unless you live in Scotland, no.

[mooshy]

Thanks DonkeyB x

[mooshy]

Done x

[Undercover-Elsa]

Hi Mooshy,

Sorry, I was out yesterday. I think I might have left myself logged in.

 

Here's the CPR 31.14 request, you need to send it by recorded delivery to the solicitors:

 

 

 

 

Dear Sir,

 

Re: (Claimant's name) v (Your name) Case No:

 

CPR 31.14 Request

 

On (date) I received the Claim Form in this case issued by you out of the Northhampton county court.

 

I confirm having returned my acknowledgement of service to the court in which I indicate my intention to contest all of your claim.

 

Please treat this letter as my request made under CPR 31.14 for the disclosure and the production of a verified and legible copy of each of the following documents mentioned in your Particulars of Claim:

 

1. The agreement. You will appreciate that in an ordinary case and by reason of the provisions of CPR PD 16 para 7.3, where a claim is based upon a written agreement, a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the original should be available at the hearing. Further, that any general conditions incorporated in the contract should also be attached.

 

2. The Notice of Assignment

 

3. The Default Notice

 

4. The Termination Notice

 

Although your claim is for a sum which is not more than £5,000.00 and will in all likelihood be allocated to the small claims track for determination upon my delivering a defence, at this moment in time I have not delivered my defence and the case has not been allocated to a track. In consequence the provisions of CPR 27(2) are of no effect and you should not seek to avoid compliance with your CPR 31 duties by claiming otherwise]

Please ensure compliance with your CPR 31 duties and ensure that the documents I have requested are copied to and received by me within 7 days of receiving this letter.

Your CPR 31 duties extend to making a reasonable and proportionate search for the originals of the documents I have requested, the better for you to be able to verify the document's authenticity and to provide me with a legible copy.

Further, where I have requested a copy of a document, the original of which is now in the possession of another person, you will have a right to possession of that document if you have mentioned it in your case. You must take immediate steps to recover and preserve it for the purpose of this case.

 

Where I have mentioned a document and there is in your possession more than one version of that same document owing to a modification, obliteration or other marking or feature, each version will be a separate document and you must provide a copy of each version of it to me. Your obligations extend to making a reasonable and proportionate search for any versions and include an obligation to recover and preserve such versions which are now in the possession of a third party.

 

In accordance with CPR 31.15© I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.

 

If you require more time in which to comply with this request you must tell me in writing. You must tell me before the time for compliance with this request has expired. In telling me you require more time you must tell me what steps you have taken and propose to take in order to comply with this request and also state a date by when you will comply with this request.

In addition your statement must be accompanied with a statement that you agree to an extension of the time for me to file my defence. Your extension of time must be not less than 14 days from the date when you say you will have complied with my request and you must state the new date for filing my defence.

 

If you are unable to comply with this request and believe that you will never be able to comply with this request you must tell me in writing.

 

Please note that if you should fail to comply with this request, fail to request more time or fail to agree to an extension of time for the filing of my defence, I will make an application to the court for an order that the proceedings be struck out or stayed for non-compliance and a summary costs order.

 

I do hope this will not be necessary and look forward to hearing from you.

 

yours faithfully

Edited June 24, 2011 by Undercover-Elsa

[Undercover-Elsa]

Next, you need to send a SAR to Hbos asap:

 

 

http://www.consumeractiongroup.co.uk/forum/content.php?417-A-Subject-Access-Request-for

 

 

Usual drill, £10 PO, send recorded.

Might be me being paranoid, but on this, the CPR letter above and all communications from now on with them, type your name at the bottom then sign it partly over the typing, to prevent creativity in respect of agreements etc.

(Nowadays with so much ID theft etc I always do that anyway...or just initial it).

 

 

Start a folder, save all the Reg letter receipts and copies of correspondence.

 

Then you can relax for a bit!

Edited June 24, 2011 by Undercover-Elsa

[mooshy]

OMg i`ve left it too late !

I just have no time since i`ve gone back to work-long story.

Elsa i`ve done the Cpr31.14 today and can send 1st class recorded but whichever way i look at it my 33 days is up fri i think.

is ther anything i can do or do i withdraw my defence.

I really want o defend so i get the option at least of mediation ??

I dont want a ccj by default-anyone ????

[mooshy]

I just rang the solicitors myself out of desperation.

Spoke to a lovely lady who rang the court for me herself ACTUALLY phone me back and granted me 14 further days ! Yip[ee.

Said she`d contact the court herself as it would be quicker .

cant beleieve it.

Wiull get my skates on now.

Do i need to write to the court now myself.

Should i do this all online when i defend ?

Phew

[Andyorch]

Its the defendants duty to inform the Court and attach the Claimants consent, you will probably have to do it all by email or fax at this late stage.

 

Andy

[DonkeyB]

You need confirmation of the offer to extend from them in writing. You then send that to the court, as Andy says.

 

It’s an old trick for solicitors to say one thing then enter a default judgment when you’re not looking.

 

That’s why we also recommend you record all your calls.

[mooshy]

Andy i just spoke to solicitor again and they assurred me that i would not get judgement by default unless they ask for it in next 6 weeks-said they wont as have put a noet on computer. She said they`ll do nothing until receive my defence within next 14 days. ?? Just trying to get thro to court now to check with them ?