Clueless and stressed about N1CPC claim from RESTONS

[Matt from Cott]

Hi all last week i recieved a N1 form from Restons Solicitors for my unpaid visa bill of £4.569.21 and interest of 243.80p per day.

I was out of work for 3 months earlier in year and missed payments and admitedly just ignored letters as was generally down, i am a single parent with a mortgage to pay so other things just kind of took priority. My mortgage is up for re-newal august obviously a CCJ is going to damge my chances

 

Can a CCJ only be stopped if i pay sum in full of which i have no chance of doing?

I am working part time now so could i pay sum of monthly?

I have no idea what to put in response to the claim?

 

The claim is dated 01 July i understand i only have a week left to respond, this is getting me down to say the least any help whatso ever would be gratefully appreciated.

 

Thanks for reading

 

Matt of Cott

[AndyOrch]

Hi Matt

 

Do you agree with the figures they state? Would you have a valid defence if defended?

 

The time process is as follows 33 days in total (5 deemed served leaves 14 to AoS and state your plea.

If defending you then get an extra 14 days to prepare and submit any defence.

 

 

Regards

 

Andy

[Matt from Cott]

I agree with the figures albeit a lot made up of charges and interest but i knew the rules from the start, so won`t be defending it, does this mean i have no option but to have a CCJ on my credit file?

Is it possible to set up some arrangement with solicitors at all?

[AndyOrch]

Have you got a figure for the charges and interest? If considerable you could defend in order to force the claimant to come to some agreement.

Who is the Claimant roughly how old is the debt?

Have you ever received a Default Notice for this account?

 

 

Andy

[Matt from Cott]

Thanks for uick reply, the claiment is HFC bank the debt started in 2004 the exact date i can let you know tonight, im at work.

As for a default notice im not sure if one was served maybe i should check experian credit file?

I have no list of charges and interest but im sure there will be lots, i just buried my head in the sand when i was out of work.

Thanks soo much for replies just want it behind me, can`t believe i got in this mess.

That N1 form baffles the average person im sure, ive got a decent part time job and quite a few qualifications and its over my head and a worry.

 

Thanks again

 

Matt

[AndyOrch]

Thanks for uick reply, the claiment is HFC bank the debt started in 2004 the exact date i can let you know tonight, im at work.

As for a default notice im not sure if one was served maybe i should check experian credit file? Ok

I have no list of charges and interest but im sure there will be lots, i just buried my head in the sand when i was out of work. Send a DSAR but you may have to wait 40 days for a response to be able to quantify the amount.

Thanks soo much for replies just want it behind me, can`t believe i got in this mess.

That N1 form baffles the average person im sure, ive got a decent part time job and quite a few qualifications and its over my head and a worry.

Nothing to worry about and true its designed to baffle you but if you want to argue the unfair charges there is only one option Defend all anything less

will guarantee a CCJ

Thanks again

 

Matt

 

Regards

Andy

[Matt from Cott]

I would like to defend all then, however im quite lacking in confidence about this i dont even know what to put in the defence, writing a request for charges and interest will take the time limit over what im allowed surely?

Is there anywere on here i can have a read as i feel i must be using too much of your time and at least i can educate my self a bit more of what im doing.

The issue date of the N1 says 1st of July.

 

Any help is greatly appreciated

[Matt from Cott]

Is process speeded up if i respond online?

I will be very happy to make a donation tommorow also

 

Thanks

Matt

[AndyOrch]

Process is the same and if your claim is issued from CCBC (Northampton) then its a must to complete on line.

Yes the DSAR would exceed your defence time but would balance out as the process proceeds.You could request the statements vis a vis CPR but invariably

they hardly ever comply.It is possible to request them via the CPR 18 if worded correctly.

 

Have a read of the stickies above the legal forum (shaded) and also the legal successes this will give you a taste of whats involved

and what to expect.

 

Regards

 

Andy

[Matt from Cott]

thanks for reply.

 

After reading a few threads im thinking i have to send off my acknowledgment of service (say i recieved the claim?), im getting confused whether i have to put in defence at this stage? Can i do this online?

Once this is done i send of a request asking for all documentation for the debt?

 

I seriously am trying to understand all this but think maybe its a bit too much for me

[AndyOrch]

The process is as my post 2

 

Summons (5 +14) Acknowledge , state plea (if defending +14) = 33 During the next 14 days you prepare a defence.

But on receipt and if your intention is to defend, request information CPR/CCA/DSAR(optional) which ever applicable to your defence.

Compile you defence and submit on the 28 day by 4.00pm Simples !!!!!

 

 

Andy

 

PS AoS and Defence can be done on line all requests for info using templates via rec del Print name

[Matt from Cott]

Well your simples comment made me smile at least, ive filled in the AOS and filled in that i will be defending all (online), more reading for me on here i guess.

Thanks for being patient with me, sure you can put this thread in the for dummies section.

What i want to achieve out of this really is just to avoid the judgment on my file really, i do have charges and yes i was out of work for some of the time the interest just crippled me really. I will attempt to maybe get some charges and interest off the account and hopefully set up an arrangment avoiding CCJ

 

 

 

Thanks again

 

matt

[AndyOrch]

Glad I made you smile at least.

 

Once a summons is issued the only way to avoid a CCJ is to defend anything less will result in a CCJ.There will be twists and turns along your journey

and you may still end up with a CCJ should you lose.But without defending that option would not be there.Follow the process and keep an eye on the time frame.

Post up if you are unsure of anything.

 

Regards

 

Andy

[Matt from Cott]

I have sent requests for documentation, and have drafted a defence, is there anywere i can look for sample defence letters to get some better ideas on wording etc, my english was so not my strong point

[AndyOrch]

Have you had any response to your requests Matt?

 

Andy

[Matt from Cott]

No reply yet but only posted on Monday, hectic life here Andy working part time and a kid shouting "dad" all the time.

[AndyOrch]

What date is your defence due? if there is no response then you are restricted in your response.Have you requested an extension on this claim ?

 

Andy

[Matt from Cott]

I havnt asked for an extension no, defence has to be in by 4pm next tuesday, i would like to ask for extension is this straight foward?

I know what your saying part of my defence will be based on what i get back from HFC.

 

I have wrote a truthful defence about how my relationship broke down and how i had to care for my child by myself etc etc, having to go part time for a few years then losing my job for a month this year causing default. I did contact HFC about this but they wouldnt organise a repayment plan.

Not sure how the balance got so high.

[AndyOrch]

Hi Mat

 

Ok you need to get your skates on then as time is short.Ring their sols and request it over the phone and ask why as there been no response to your CPR request

Here is the relevant CPR you are requesting under:-

 

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.

 

Ask them to email their agreement to you and then attach this to your written request to the court referring to the above CPR 15.5,Verbal is no use they must confirm in writing.

 

With respect to your proposed defence a biopic content wont cut the mustard with the claimant or the court, it has to be based on legal argument

I understand completely were you are coming from but there is no sympathy in business and these companies don't really give a rats a**e about your plight

and difficulties.

 

Act on the above and do it asap as the clock is ticking.

 

Regards

 

Andy

[Matt from Cott]

Thanks for reply Andy,

The following is what i got from my defence i submitted.

 

I acknowledge recipt of your defence. A copy is being served on the claiment (or the claiments solicitors).

The claiment may contact you direct to attempt to resolve any dispute. If the dispute cannot be resolved informally,the claiment will inform the court that he wishes to proceed. Thecourt will then inform you of what will happen.

 

Where he wishes to proceed, the claiment must contact the court in 28 days after recieving a copy of your defence. After that period has elapsed, the claim will be stayed. The only action the claiment can then take will to be apply to a judge for an order lifting the stay.

 

 

 

I still havnt had may request for paper work regarding this account.

[AndyOrch]

Standard automated response on defence submission.Did you not go for the extension then?

[Matt from Cott]

I rang them and they said no, in my defence i said that i was awaiting documents

[AndyOrch]

I rang them and they said no, in my defence i said that i was awaiting documents

 

 

They cant refuse and if they do its considered at costs.You should have made application to Court, reported them for non compliance,

and forced them into a corner to discontinue the claim. (missed a glorious opportunity there Matt all for the sake of logging on and checking)

 

Would you like to post up your defence so I can see what else you have done.(or PM it to me if you rather keep it off the forum).

 

Andy

[Matt from Cott]

I will post it tommorow, yeah wish i had logged on earlier its the summer holidays and my head is comming off juggling child care. I know this is important its just how it is at mo, yeah they said i was too late.

Will post it tommorow afternoon.

p.s

your up late

[AndyOrch]

I will post it tommorow, yeah wish i had logged on earlier its the summer holidays and my head is comming off juggling child care. I know this is important its just how it is at mo, yeah they said i was too late.

Will post it tommorow afternoon.

p.s

your up late

 

 

Yes no rest for the wicked (end of the week) Post it up lets see what we have.

 

Take it easy with them kids (hard work being a single dad)

 

Andy