Particulars of claim wrong?

[smokejumper]

Hi again,

 

Don't know if you have read previous post, asking for court claim form help.

 

Just checking my documents against the POC. The credit card account no. is different on all my correspondence, to the one they have on the claim form POC.

 

So it looks like the POC are wrong, do I just acknowledge service, get another 28 days, apply for CCA and see what happens from there.

 

Or do I admit debt but point out error, as I expect they will just reissue with correct account no.

 

What do you think? am I just delaying the inevitable.

 

Thanks for any input.

[unclebulgaria67]

Can you post up the POC details, removing anything which might identify you.

 

My instincts are that if the POC is wrong, you could acknowledge and defend in full, on the basis that you don't recognise the CC account no. You then have 14 days to submit your defence. You should send a CPR letter containing CPR 31.14 to ask for documents that are mentioned in the POC and CPR part 18 to ask for clarification of information in the POC. I.E what the credit card no. relates to, as this no. is not in the name of the defendent.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?255329-CPR-part-18-vs-CPR-31.14-Confused-well-read-here

 

If the POC does not mention the CCA, then you should send a seperate written request for this. If they can't find it and admit this to you, then if they have to resubmit the court claim, then it may be more difficult for them. It depends on when the CCA for your credit card was issued. When did you apply for this particular credit card and by what method ?

[smokejumper]

" Particulars of claim continuation sheet

 

The claim is for money due from the Defendant under an agreement(the agreement) regulated by the consumer credit act made between the claimant and defendant. Under the terms of the agreement, the claimant opened a credit card account by identifcation number(wrong no.) on date a year ago.

 

By failing to repay the sums due under the terms of the agreement, the defendant is in breach of the terms of the agreement and a balance of £7500 is outstanding.

 

The defendant was served with notice of default under section87(1)of the consumer credit act on date few months back. The defendant has failed to comply with the default notice and the claimant claims the full amount outstanding under the agreement from the defendant.

 

The claimant confirms that they have complied with sections 111 and 1V of the pre-action conduct practise direction".

 

Will this just be seen as a technicality and if they can give me a copy of the agreement is it better just to give an i/e sheet and make an offer?

[smokejumper]

Oh sorry meant to add, the notice of default has the correct card account no.

 

I'm wondering if the POC is a template and they left the previous defendants acc no. on there .

[citizenB]

Setting aside the fact that the account number is incorrect, are the other details correct.. eg.. the amount owed, the date the account was opened ?

[citizenB]

You have a strict timetable that you need to stick to..

 

Date of issue + 5 days for service + 14 days to acknowledge the claim and then a further 14 days to submit a defence, if it is your intention to defend.

 

That = 33 days from date of issue to date you need to have your defence in by.

 

 

Is there another thread in connection with this ?

[smokejumper]

The amount owed is correct( although fees are included) looking at a direct debit mandate the date seems about right.

 

On claim form it says date of service, stamped on it, what are the time limits from this, have I left it too late now.

 

if i acknowlege service , I get 28 days right? if they send correct cca then I have no defence, how do i get out of that?

 

They can add all the charges they like, this and the other banks/cards, will not get paid in full in my life time.

[citizenB]

Can you please let me know what the date of ISSUE is.. top right hand corner of the claim form.

[smokejumper]

17/07/2012 on a sticker in top RH corner, and on acknowledge of service form. but it has an ink pad stamp further down that say's "date of service 20 Jul 2012"

[citizenB]

Ok, so they are only allowing 3 days for service !

 

So we take from the date of service + 14 days which will mean you need to acknowledge the claim by the 3 August and submit a defence by the 17/08.

 

From what you have posted up, I dont really see what reason you do have to defend on. If the account has only been open for a year, then I imagine they will have a copy of the agreement.

 

So unless you have a good reason for not paying the amount due, then you might need to admit the claim (pointing out that the account number is incorrect) and try to negotiate a payment plan.

[smokejumper]

Yes I see now, just thought there was a little get out in the fact that they are sueing me for a different acc no. to the one I know I have.

 

Shall I ring the bank that issued the claim and point out the mistake or get them to explain.

 

I have other people in the background that will be wanting money as well.

 

I can only offer £10 per month, can't see them accepting that.

 

If they put a charge on property do I still have to make payments? there is no benefical interest in my house.

 

In the back of my mind I'm thinking bankrupty, I understand they have 3 yrs to sell property, but appart from spite what would be the point there is no equity.

[unclebulgaria67]

I agree, accept the debt and ask to make token payments based on affordability grounds.

 

If you have other debts, you should contact CCCS or other debt registered charity to look at some form of debt relief. The sooner you do this the better.

[citizenB]

You would need to cotnact the solicitor mentioned on the claim form.

 

As advised, by Uncle Bulgaria, you should perhaps contact somewhere like National Debtline or CCCS who will help you produce a CASHFlow budget.

 

I have popped some information below for you.

 

 

If you are experiencing difficulty in repaying your debts, CASHflow is a way for you to negotiate affordable repayments with your creditors. Before you can use CASHflow, you must have spoken to one of the free advice agencies licensed to offer CASHflow to their clients. The advice agency will start by talking to you about all of the options available, and can help you to decide if CASHflow is the right one for you.

 

If you decide to use CASHflow, you will be provided with all of the tools you need to be able to complete your own financial statement and negotiate offers of repayment with creditors yourself. This will enable you to stay in control of your situation, but still have support from an adviser at any stage if you need it.

 

You can contact a local advice agency to check if they offer CASHflow. You can find a list of free advice agencies that are near to you by searching for a money adviser in England or Wales, Scotland, or Northern Ireland.

Alternatively, you can call National Debtline on 0808 808 4000

CASHflow: http://www.cashflow.uk.net/

National Debtline: http://www.nationaldebtline.co.u k/

https://www.mymoneysteps.org/

Also as highlighted in the CAG newsletter...

There is the new CAB system that might also be worth a look, this system saves all your details, has guidance allowance figures to work with if you wish and you do not need to be invited / signed off etc with this system, just log in and away you go (see below)

 

(Also, there are a number of other self help tools and systems around so might be worth a little exploration if this is what you eventually decide on.)

 

http://mymoney.nedcab.org.uk/moneyadvice/

 

http://mymoney.nedcab.org.uk/moneyadvice/ (example of completed dmp)

 

 

Sadly, this particular creditor intends to secure an unsecured debt on you property. You need to point out in a covering letter that there would be little point in forcing you to sell your home. That any secured creditor ie the mortgage provider would be paid first.

[citizenB]

Is the property jointly owned ? If so, then it is likely the creditor will only be able to "register" an interest.

[smokejumper]

Thanks for the info, I already have made out an i/e list with the help of a money advisor at work.

 

The property is now joint owned, just myself.

 

Can't get hold of my money advisor she must be on holiday.

 

How can they sell the property, there is nothing in it, they would surely have to pay the mortgage off.

 

If I know that they will force sale then might as well stop paying the mortgage now, can't see the point in paying anymore into it, after all it is interest only.

[citizenB]

They will only force a sale if there is any thing to be gained. Which it appears there isnt.

 

You have provided us with very little information. When did you stop making payments and why? Did you attempt to communicate with the Creditor

 

Who is the Creditor and are they the claimant in this case ?

[smokejumper]

halifax credit card, they are the claimant.

Had a few mental break downs, long story, had a second job which i no longer can do.

Couldn't keep up with this debt and many others, just stopped paying.

No not contacted anyone, just stay in bed all the time and don't answer the door or open any letters, money advisor opened them all.

Causes my a lot of anxiety, but trying to muddle through on my own.

One of letters state hallifax never force a sale!

Difficult to go to law centres etc as I can't deal with travelling or people.

[smokejumper]

might have been dec 2011/ jan 2012 I stopped paying, not quite sure.

[unclebulgaria67]

If you deal with people like the CCCS and they inform Halifax of what you can afford, these companies tend to agree to a low level of token payment. If you look on your Halifax statements, it tells you to contact CCCS or Citizens Advice, if you have difficulty in making payment. Suggest that you do this asap, as you are going to feel a lot better, if any debts you have are being handled by qualified debt advisors that deal with this on a daily basis.

[smokejumper]

Just got a message to ring my work money advisor, she is qualified and deals with this on day to day basis.

 

As I said she has already done the I/E for me, she then said to wait and see what happens first, as in the past she has made an approach, only to think later that she should of held out.

 

I think at the end of the day, they will have to take my offer, that or nothing really. Same with all the others when they suface.

 

forgot to mention, couple months ago, some heavy from a DCA came round to discuss a debt with lloyds, in the end he left after being intimidated by me, shouting to me " alright, alright, I'm leaving." theese people don't scare me at all, I have nothing to lose.

 

Just thought there was the kink in their claim about the acc no. I guess not?

[citizenB]

Oh dear, sorry to hear this. Perhaps your money advisor could approach them on your behalf to explain the situation. Perhaps she could get some mediation/negotiation under way.

[citizenB]

You could certainly use all that you have said in mitigation - but at the end of the day, I think you are going to have to enter into some kind of payment arrangement