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Jimmy Neutron

County Court Summons Please Help

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I have received notification from Northampton County Court Bulk Centre saying that Close Premium Finance have started proceedings to the value of £806.06

 

This is for a Home Information Pack (HIP) from when my ex and I were selling our home after we split up. Unfortunately the home was never sold but was repossessed in January this year.

 

I have had no correspondence regarding this matter as I assume that it has all be going to my old address.

 

It looks like there have been charges placed on this account

 

What can I do?

 

Any advice please

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First, I have moved your thread to the Legal issues forums where you will attract the attention of people who are able to advise.

 

We need more information - What is the date of issue on the claim form - top right hand corner, this information required in order to work out the timeline.

 

What exactly is the claimant saying the claim is for..

 

You need information in order to see if the claimant has followed pre court protocol. So you will need to send a CPR31.14 request for sight of documents that are mentioned in the claim. Once you let us know what exactly has been said on the form, then we can advise what you need to ask for.

 

If they havent mentioned any of the documents you are going to need sight of then you will need to ask for information another way.. CPR part 18. Have a read of the attachment below..

 

Obviously you need to decide whether or not you are going to defend the claim or whether you are going to try and come to some arrangement to pay this.

 

[ATTACH]30745[/ATTACH]


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Hi,

 

The issue date is 20th Sept but it arrived 2 days ago??

 

Particulars of claim are:

 

1) The claimant, which has its registered address at 10 Crown place London, EC2A 4FT, provided deferred funding to the defendants for a Home Information Pack (HIP) under an agreement

 

2) The Defendants have breached the Agreement by failing to make the payments specified under the terms of the agreement

 

3) The Claimant has attempted to contact the Defendant by telephone and letter to discuss repayment of the outstanding amount but has had no satisfactory response

 

4) The defendant is indebted to the claimant in the sum of £681.06 in respect of the principal sum and default charges due under the agreement. The claimant therefore claims the sum of £681.06

 

The rest is made up of a Court Fee of £55 and also Solicitor Costs of £70. I have never received any telephone calls or letters from this company, these may have been sent to old address which was repossessed in January this year

 

How should I go about this, I thought that the HIP were scrapped last year?

 

I have no idea what to do and to be honest I cannot afford it either

 

any advise please

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Hi,

 

The issue date is 20th Sept but it arrived 2 days ago??

 

Particulars of claim are:

 

1) The claimant, which has its registered address at 10 Crown place London, EC2A 4FT, provided deferred funding to the defendants for a Home Information Pack (HIP) under an agreement

 

2) The Defendants have breached the Agreement by failing to make the payments specified under the terms of the agreement

 

3) The Claimant has attempted to contact the Defendant by telephone and letter to discuss repayment of the outstanding amount but has had no satisfactory response

 

4) The defendant is indebted to the claimant in the sum of £681.06 in respect of the principal sum and default charges due under the agreement. The claimant therefore claims the sum of £681.06

 

The rest is made up of a Court Fee of £55 and also Solicitor Costs of £70. I have never received any telephone calls or letters from this company, these may have been sent to old address which was repossessed in January this year

 

How should I go about this, I thought that the HIP were scrapped last year?

 

I have no idea what to do and to be honest I cannot afford it either

 

any advise please

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Hi Jimmy

 

reading from your other posts are you still in a dmp with Payplan? if you are going to acknowledge the claim you should submit the claim to them whereby they can offer a pro-rata payment to the claimant out of the £51 per month surplus, if you intend to defend you will need to explain what has happened with regards to the sale of the property, where its at, if its been sold, is there any equity? would they be willing to defer until the property is sold?

 

Imo theres to many gaps at present to offer advice, yourmedical condition and employment status obviously plays into why debts have esculated beyond your control, however, for people to offer advice they need to know all the facts.

 

Kind regards

 

Clive

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The other point I'd ask is that item 2 of the POC states "the Defendants" then item 4 reads "the Defendant", was this a joint summons?

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Jimmy

 

I am not absolutely certain but a 'deferred funding' agreement sounds like it should be some form of credit agreement and therefore subject to the Consumer Credit Act. Is there any chance you can post up a copy of the agreement without your personal details?

 

 

Doc


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I have received notification from Northampton County Court Bulk Centre saying that Close Premium Finance have started proceedings to the value of £806.06

 

This is for a Home Information Pack (HIP) from when my ex and I were selling our home after we split up. Unfortunately the home was never sold but was repossessed in January this year.

 

I have had no correspondence regarding this matter as I assume that it has all be going to my old address.

 

It looks like there have been charges placed on this account

 

What can I do?

 

Any advice please

 

Expensive i only paid about 180.00 for Hips etc??


:mad2::-x:jaw::sad:

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