2 County Court Forms within 24 hours!

[jaybee24uk]

Need a little help.

 

Yesterday received a county court form regarding a £300 T mobile debt.

 

Today received a county court form regarding a £2000 Halifax debt.

 

forgot all about the Tmobile one as I defaulted with a few months of the contract ending due to losing my job.

 

the Halifax one is for an overdraft. Both debts are at least 3 years old. Not heard anything from them for at least a year.

 

I don't deny the debt, just not in a position to pay them.

 

What do I do now? I'd be happy to settle them over time, but cant afford no more than £40 a month.

[BRIGADIER2JCS]

Hi, you must acknowldge service of the claims and state if

you are going to defend the claims.

Read the guidance sent with the claims packs first.

If you do nothing they will get judgement by default.

[DonkeyB]

Did you receive any letters before action?

[jaybee24uk]

Hello.

 

I never received any letters before action.

 

I had letters saying doorstep collectors would call.

 

I will aknowledge the claim. The overdraft spiraled out of control. Most of the cost is charges.

 

The tmobile account only had a few month left. Forgot all about it until this weekend.

[jaybee24uk]

Trying to respond to the claim online.

 

The system refuses the password!

[jaybee24uk]

OK manged to login now.

 

I have stated I am going to defend the claims.

 

Do I now write to the DCA?

[BRIGADIER2JCS]

No need they will be informed that you are defending.

[jaybee24uk]

Thanks Brigadier

 

I'm going to write now to the debt collectors for the CCA for both of the debts.

 

Do I write to the claimant or write to the address to send documents to on the claim form?

 

As I have acknowledge service do I have to state a deadline in the letters I write?

[BRIGADIER2JCS]

OK if you are making a CCA request it goes to the

DCAs address use the template letter in the CAG

library there is a £1 fee for this, the time scale is 12+2

working days.

BUT does the particulars of claim mention a regulated

agreement?

[jaybee24uk]

Hello Brigadier,

 

The particulars of claim on the Halifax say:

 

The claim is xxxx being monies owing to the claimant in respect of a credit agreement between halifax current account and the defendant under account number xxxxx.

The agreement was terminated as the defendant failed to maintain the agree terms. In accordance with the pre action protocols the claimant has attempted to contact the defendant and agree a payment plan.

The defendant has failed to respond or maintain a suitable arrangement. Halifax current account has sold and assigned all rights, title and interest, under this agreement to wescot SPV limted.

Then a statement about interest on the debt.

 

The one for Tmobile says

 

Part of the balance between Tmobile and the defendant for the supply of telecommunications services by Tmobile to the defendant number xxxxxxx the benefit of which was assigned to the claimant on xxxxx/2011.

The agreement was terminated by Tmobile upon the defendants failure to make payments under the contract.

The details about interest, the contact details.

[jaybee24uk]

Had a letter from Capquest regarding the action RE the Tmobile debt.

 

1st letter I have had from them for months. The letter says the wrote to me in February, which I never revived a copy of.

[BRIGADIER2JCS]

One thing I have just noticed is the wording in the POC ''credit agreement between Halifax Current Account'' but I see it's in reagard

to an overdaraft.

 

Anyway as you say you want to pay the debts over time so here is a suggestion:

HMRC offer a Small Claims Mediation Service through which a debtor can negotiate

an agreement to pay the claim over a mutually agreed period of time.

 

This can be done face to face in you local County Court or (they way I use and recommend)

is by ''Telephone Appointment'' which is to use and understand.

 

An appointment is made with the creditor the mediator and the debtor, you will be phone by

the mediator who will tell you the procedure, the mediator phones the creditor who tells

the mediator what their claim is and he/she phones you back and explains the claim and

you can then suggest how much you can afford to pay and over how long.

 

IF the parties agree a ''consent order'' is made and put forward if the parties agree

to the terms the a ''Tomlin Order'' is made signed by both parties and sealed by the court.

 

This order ids binding on both parties all you need to do is set up a standing order for

the payments.

 

The benefit of this is NO COUNTY COURT JUDGEMENT IS MADE.

[jaybee24uk]

Thanks for the advice I will see what the Halifax CCA request brings up.

 

I can remember using my Halifax debit card all day long once, every payment being authorized, then getting a letter 3 days latter saying I was getting 4 x£35 charges for my debit card as something took my over my overdraft limit. Main reason I switched accounts.

[jaybee24uk]

Hello,

 

Still no CCA, if I get no response by the deadline, can I use this for my defence to the courts?

[jaybee24uk]

Had not had anything from Westcot regarding the Halifax debt ever. Last time I heard anything from the Halifax debt was from another DCA. Again can I use this in my defence.

[jaybee24uk]

Had a letter yesterday from Westcot returning my £1 and saying the account has been returned to Halifax.

 

Does that mean the court action will be automatically dropped?

[BRIGADIER2JCS]

Was the claim started by Halifax?

[jaybee24uk]

No the county court forms say the claim was started by Westcot.

[jaybee24uk]

Had a letter from capquest regarding CCA request.

 

It saying that this come under the mobile telecommunications act rather than the consumer credit act.

 

It states that a copy of the contract would have been supplied to me in store.

 

This debt relate to an exclusive online deal, I have never set foot in a store.

 

Is there anything I can do to get evidence of this debt and charges?

[wheresmyhairgone]

Hi

 

I received a County Court form from Westcot regarding Halifax 1 or 2 years ago. It was just for bank charges that had made me overdrawn.

 

I sent in a defence and received a letter saying they were not going to continue with the claim but i still owed the money.

 

I believed at the time that it was another scare tactic.

 

I,m not saying this will happen for you but just letting you know.

[jaybee24uk]

Cheers for the help and advice so far.

 

Time is a bit short, but what can I write to capquest regarding to prove the mobile phone debt?

[jaybee24uk]

Well I had a letter saying the debt to Halifax was being returned to them as the could not provide any evidence of the debt.

 

However I had had a letter saying the a judgment has been given against me.

 

So going to the CAB for advice now as the judgment is for almost £3000.

[citizenB]

Well I had a letter saying the debt to Halifax was being returned to them as the could not provide any evidence of the debt.

 

However I had had a letter saying the a judgment has been given against me.

 

So going to the CAB for advice now as the judgment is for almost £3000.

 

Hold on a sec.. who has written to you advising that the account has been returned to Halifax and who has written advising that a default Judgment has been awarded ?

 

Did you not submit a defence on time ?

[citizenB]

Can you please scan in and post up both letters/documents minus any personal information.

 

Dx100 – Instructions on uploading pdfs

scan the required letters/agreements/sheets

as a picture file

remove all pers info inc barcodes etc using paint

but leave all figures and dates.

goto one of the many free online pdf converter websites

convert the image to pdf format.

or ir you have PDF as an installed printer drive use that

open a new msg box here

hit go advanced below the msg box

hit manage attachments below that box

hit the add files button on the top right

hit select files, navigate to your file on your pc

hit upload files

NB:you can set where it goes in the post by hitting insert inline.

the hit reply button

[citizenB]

http://www.consumeractiongroup.co.uk/forum/showthread.php?354691-abs66-and-tmobile

 

abs66 has been moved to a thread of their own.