hegarty llp - robinson way county court claim received - HELP PLEASE

[tiger66uk]

I have just spent the last few weeks looking round this site for help and it gets very confusing.

OK, here goes,

Claim form issue date 23 Jan 2012.

Hegarty llp claiming for robinson way.

 

Particulars are:

The claimant is the assignee of a debt(s) from abbey national plc. notice of assignment was provided to the defendant by the claimant in writing. Despite demand for payment the assigned debt(s) remains due.

the claiment complied with section 111 and 1v and annex b of the pd pre-action conduct.

current account number xxx xxxx balance of £1342.26 as of 10/06/07 interest under s69 of the county court act 1984 at the rate of 8% a year from 10/06/07 to 20/01/12 of £495.72 and also interest at the same rate up to the date of judgement or earlier at a daily rate of 0.29 and costs.

 

form electronically typed and no name at all from hegarty to correspond with.

 

I have been on line and acknowledged with the court yesterday.

 

PLEASE HELP

 

what forms do i send and to WHO? Hegarty? Abbey? Robbers Way?

[Mr Worried]

Hi 66

 

So considering this is your first post you need to tell us more ie, We need to know who the OC is and what comms you have and for how long, etc, just as much info as possible as regards the alleged debt.

 

Mr

[tiger66uk]

Hi 66

 

So considering this is your first post you need to tell us more ie, We need to know who the OC is and what comms you have and for how long, etc, just as much info as possible as regards the alleged debt.

 

Mr

Oc? What is this?

[Mr Worried]

Hi 66

 

OC = Original Creditor, give us the history of the debt, and DCA's ( Debt collecting Agys ) the more info the better for us and you.

 

Mr

[tiger66uk]

Hi 66

 

OC = Original Creditor, give us the history of the debt, and DCA's ( Debt collecting Agys ) the more info the better for us and you.

 

Mr

 

Hi Mr Worried,

the history:

Back in 2006, i was using my overdraft every month and i had been getting charges such as £30 for a £9.50 direct debit not being able to pay another for £4.48 then £20 for going over my overdraft. these built up and caused more problems, i went from clearing the debt on pay day to never clearing it. (within a few months), i can only say that it got so i couldnt live with these charges mounting up.

25/10/06 the debt was £898.44 and by 4th Jan 2007 it was over £2k, despite the fact that i had stopped using this account before October 06.

In October 2006 i started the reclaim bank charges for the previous 6 years and got no where with them, it took until 9th Jan 07 to get statements from them but they didnt include the months oct, nov, dec 06 so i am missing these.

they cancelled my overdraft in Jan 07 and asked for the return of cards and cheque book in Feb 07.

The last letter i can find from them was dated 14/03/07 this said 'this letter will serve to provide you with notice with our intention to register default with the credit reference agencies etc.

heard nothing from abbey since.

 

now for the debt agencys:

please bear in mind i have moved 3 times since this started and i dont have everything:

 

13/04/07 - debt management & recovery services ltd (part of abbey) from now on i will call DMRS asking for cards and cheque book.

15/05/07 - DMRS - Default of payment letter

11/07/07 - DEBT MANAGERS LTD - final demand letter

31/07/07 debt managers ltd - settlement opportunity

10/08/07 - debt managers ltd - notice of proceedings letter

22/08/07 - russel+aitken solicitors - letter threatening court action

11/09/07 - debt managers ltd - final opportunity

24/09/07 - call serve ltd - been instructed by our client

08/010/07 - call serve ltd - letter re debt managers ltd - abbey - local debt collectors coming.

22/10/07 - call serve ltd - please take careful note letter

02/11/07 - call serve ltd - notice before proceedings

14/11/07 - call serve ltd - claim will be prepared

07/01/08 - call serve ltd - to avoid legal action

18/04/08 - Equidebt ltd - with reference to your outstanding account with our client

21/04/08 - Equidebt - we are preparing documents

I NOW HAVE A MASSIVE GAP - i may well have had letters after this date but i may also may not have kept them.

13th June 2010 i received a letter addressed to me but sent to a neighbours house from robinson way ltd, they got the right street but wrong house.

This just told me i was behind with my payments????????????? for what and to whom?

they got my address right by august 2010 and said they would match any payments i made.

14/02/11 letter from Horwich Farrelly solicitors - creditor - robinson way limited (ex-abbey)

more letters from robbers way until 24/11/11 stating they have been instructed by their client to negotiate etc.

24 Jan 2012 COURT PAPERS ARRIVE.

 

I hope this is enough information to help me, getting worried i wont have enough time to put my defence together.

[42man]

I would suggest that you have a look at this thread - http://www.consumeractiongroup.co.uk/forum/showthread.php?162456#post1744862

[tiger66uk]

hi 42 man,

thank you for the pointer, i am concerned that the letter you have pointed me to, if sent in its current form, may be a little incorrect. it could be me missunderstanding in all of the confusion.

my court papers states the amount of £1342.26 it also states the dates interest is charge from and to etc. paragraphs 4,5 &6 of the letter.

[tiger66uk]

SAR sent to santander - ex abbey today

letter pursuant to s.77/78 cca 74 sent to robbers way today

cpr 31.14 request sent today to hegarty llp.

 

do i still need to send the interest one on your link?

[42man]

Well I'd certainly be interested to see their figures on how a debt goes from £800 to £2,000+

[tiger66uk]

Well I'd certainly be interested to see their figures on how a debt goes from £800 to £2,000+

 

Charges takes it to the 1300 mark and the interest as stated above along with court fees etc. Takes it to 2k mark.

[bengal66uk]

Charges takes it to the 1300 mark and the interest as stated above along with court fees etc. Takes it to 2k mark.

 

ok i have now called IND, Hegarty, spoke to a lady there and she informed me a jackie lady would call me back, nothing heard from them so i am now completing an n244 to attempt them to compel with the cpr.

the lady on the phone said it could take up to 8 weeks to comply so they obviously have not got the documents they stated in the particulars so i will let the judge know.

god i hope this gets stayed for £75 lol

[tiger66uk]

had the usual letter of response form IND today, stating the words 'referred to' in the rule indicate a right to inspect arises only when a specific reference to a document arises, are they stupid, they referenced to the documents in the court papers and now they say i have no right to see them??????? 'accordingly, we are not required to provide you with any of the documentation requested in your letter?????? i think they are under cpr31.14

and they state the latter was sent after taking counsel?

luckily i have already sent the n244 as they were way out of the time for reply, down to the judge now.

[PGH7447]

you ask are they stupid, Yep, they know that the cpr applies but they try and bluff their way out of supplying the docs mentioned, they have done it to everyone so far

[tiger66uk]

you ask are they stupid, Yep, they know that the cpr applies but they try and bluff their way out of supplying the docs mentioned, they have done it to everyone so far

You would think that if this happens all the time then 1. They would sort out their act and 2. Should the courts not be picking up on all of this and put a stop to them wasting the courts time?

[PGH7447]

They wont sort out their act, this is all a ploy to stop people defending, and the courts will be unaware unless they are informed when you enter your defence, you can of course report them to the OFt and hegarties to the SRA

[tiger66uk]

just received what looks like microfiche statements - actually its a print out of transactions, i think this is in response to my request from robbers way even though it has come from IND.

it has an account number and thats it.

I certainly dont think this is in response to the N244 as thats still waiting to be seen by the judge.

 

Do i responde to it by sending the partial documents received letter or ignore it and wait for a response from the court?

 

i have also noticed on the microfiche that the last payment made into this account was on the 31/10/06 by a cheque. everything after that is charges

[tiger66uk]

Received on Friday a response from the court.

The application must be heard on notice to claimant. Transfer to defendents home court.

 

I suppose I now wait for time and date for hearing for claimant to comply with cpr 31.14 duties.

 

What's confused me is the notes as it says I can apply for set aside within 7 days of the service order and a fee is payable.

 

Can I do this or do I need to wait for the hearing dates?

[tiger66uk]

received a print out of charges from abbey today with a cover letter assumming this is what i wanted when i put in my SAR, der no thats not what a sar is for is it.

quite laughable, i am also chasing a sar from norwich and peterborough and they did the same. bang head on wall and dont scream too loud lol.

[Guest]

Received on Friday a response from the court.

The application must be heard on notice to claimant. Transfer to defendents home court.

 

I suppose I now wait for time and date for hearing for claimant to comply with cpr 31.14 duties.

 

What's confused me is the notes as it says I can apply for set aside within 7 days of the service order and a fee is payable.

 

Can I do this or do I need to wait for the hearing dates?

 

could give the court a ring to check? does your application require a hearing? claimant notified and to attend if desired?

set aside? maybe to set aside that order if no longer necessary/want it?

ps, their claim for 5 years worth of interest should be a non starter. up to the J though if it comes to it.

Edited March 24, 2012 by Ford
ps

[tiger66uk]

could give the court a ring to check? looks like your application will require a hearing. claimant notified and to attend if desired.

set aside? maybe to set aside that order if no longer necessary/want it?

ps, their claim for 5 years worth of interest should be a non starter. up to the J though if it comes to it.

thank you for your reply Ford. A tad late though as the 7 days have passed. I thought it meant they have 7 days to apply not me lol.

It will be interesting to see what happens about the interest though.

 

Can't wait to see if they turn up or send someone else. Long old trek from peterborough though lol

And all because the lady liked milk tray.

[Guest]

thank you for your reply Ford. A tad late though as the 7 days have passed. I thought it meant they have 7 days to apply not me lol.

...........

 

oh ok, 7 days have gone!

 

you said in your previous post # 17 that notes said that you can apply for set aside?

 

ps whether there is interest or not would be in issue if there is a ccj against. but, it can be disputed before if required.

Edited March 24, 2012 by Ford

[tiger66uk]

My application was to set aside if they didn't comply but now its going to be heard on notice to robbers way.

[Guest]

had thought you did an application for them to comply with your cpr request, and if not to strike out?

[tiger66uk]

I did. That's why I was confused to see its to be read in my local court on notice to them. Unless the judge that read my application is fed up with them not complying maybe they want to put them straight once and for all. Am waiting to here from the courts now.

[asokn]

I did. That's why I was confused to see its to be read in my local court on notice to them. Unless the judge that read my application is fed up with them not complying maybe they want to put them straight once and for all. Am waiting to here from the courts now.

 

I'd suggest it's far more likely that the judge wasn't prepared to make the order without hearing submissions from the parties. To ensure you are not at a disadvantage I would prepare for the hearing on the assumption that you need to justify your application to a sceptical judge rather than turn up expecting the other side to be reprimanded.