HBOS [Nelson Guest Solicitors] received claim forms

[jitteryjayne]

hi

can someone point me the right direction please.

 

yesterday i recd a ccj blue form from northampton court from Nelson Guest Solicitors regarding and old HBOS credit card,

 

i dont know when i last paid this but my credit file shows date of default was 20/3/2009 !!

 

i stopped paying my credit cards when i had to reduce my hours at work due to childcare and then i relocated jobs and just couldnt afford to keep up wih the repayments .

 

i have been offered a reduction on this debt in the past but couldnt afford to pay.

 

after reading other posts on here

 

please advise should i aknowledge the debt with the court and ask for an extension of the time limit

 

should i send a CPR request to Nelson Guest and a SAR request to HBOS.

 

or should i just try to negociate a payment plan with nelson guest ( will this stop the CCJ )

 

thanks

[BRIGADIER2JCS]

Yes send the acknowledgment of service and ask for the extension, you could try negotiating with NG on the basis of saving costs,imo it's always best to try.

Yes to the SAR to.

[jitteryjayne]

thanks for the quick reply should i send the CPR request too?

[dx100uk]

how much is this

 

and have you any PPI or PENALTY charges to reclaim?

 

dx

[42man]

Is there any chance the debt may be statute barred ? i.e. you haven't made any payment towards the debt in 6 years (5 in Scotland)

[jitteryjayne]

hi

its for £2309.15 and im not sure if i had PPi or charges on this credit card , going to have a look at old statements to see if i did ( i did with others but havent reclaimed as my accounts are in default)

[jitteryjayne]

i dont think its statute barred

i have signed the acknowledgement of service on the court website, what do i need to do then?

[jitteryjayne]

URGENT HELP NEEDED PLEASE

 

.hi i recd ccj papers a week ago,

 

i did post on here last friday and got some advice

 

however since found out its wescot who filled the ccj on behalf of HBOS.

 

i did fill out acknowledment of service last friday and was going to send a CPR 31.14 Request to nelson guest solicitors ,

 

however after i recieved the court papers i recieved a letter from Wescot to say they are the ones who have issued the CCj papers.

 

HBOS still own this debt ,

who do i send my request for information to,

HBOS,Wecot or Nelson Guest .

 

the default date is march 2009,

 

going through old papers i've found

i did a CCA request to Halifax in November 2009 and they sent back a reconstituted agreement, not the original one.

 

please can someone advise me what letters are best to send and to who exactly.

 

any help would be appreciated

Edited November 16, 2012 by jitteryjayne
need to send letter today

[freakyleaky]

2 threads merged

[jitteryjayne]

hi

can anyone advise please , i sent a SAR request to OC and a CPR 31.14 to nelson guest , its been 7 days now what should i do next ?

[BRIGADIER2JCS]

SAR time scale = 40days from the date the OC recieves the rquest, CPR 31.4 a guess around 14 days.

[AndyOrch]

Slightly confused Jittery

 

Who is named on the summons as Claimant ?

 

The Sols are NG correct?

 

 

Regards

 

Andy

[jitteryjayne]

hi Andy

sorry for the confusion, OC are named as claimant , NG are the ones that signed to ccj form and Wetclothes are the ones who sent a letter stating they are the ones who issued the court action . sent a cpr request to NG as it stated on blue form send all correspondece to them and i have also sent SAR TO OC , hope this was the right action to take ?

any help appreciated , regards jitteryjayne

Edited November 27, 2012 by jitteryjayne

[AndyOrch]

Well its apparent who issued the summons so ignore the ambulance chasers.You have 33 days in total to deal with a response (subject to your plea) 5 deemed served so 28.14 days to Acknowledge Service and a further 14 to submit a defence should you decide to defend.

If you could post up (verbatim) details of the Claim less any identifiable data and round the figure up they are claiming to give an idea which track this would proceed in.

 

I see you have sent a CPR 31.14 request the DSAR can take up to 40 days for a response so start to gather as much documentation as possible.

 

Have you ever received a LBA or Default Notice pertaining to this claim?

 

Regards

 

Andy

[jitteryjayne]

thanks for getting back to me Andy

POC are as follows

the claim is xxxx being monies owing to the claimant in respect of a credit agreement between HBOs and the defendant under account xxxxxxxxxxxx. the agreement was terminated as the defendant failed to maintain the the agreed terms . in accordance witht the pre-action protocols the claimant has attempted to contact the defendant and agree a repayment plan . the defendant has failed to respond or maintain a suitable arrangment and the balance remains owing . the claimant claims interest pursuent of section 69 of the county court act 1984 at the rate of 8% per annum from xxxx to xxxxx totalling 0.94 and thereafter at a daily rate to date of judgemnt.

 

also letter from wescot stating recieved my crp31.14 saying the only document requested applicable is the agreement , they have approached original lender for. however they then go on to say they confirm that the documents i have requested will not be forthcoming . im not sure if i recieved a default notice , i did however get a lba letter . not sure now what to do . help is much appreciated regards jitteryjayne

[jitteryjayne]

hi can anyone advise. i need to submit my defence by next week, but in the reply to my cpr request, DCA state that they will not be supplying copy of agreement or anything as the Carey ruling says they don't need it, has the law changed again , i was of the impression that PRE2007 agreements original agreements has to be supplied if the DCA issued Legal proceedings. thanks jittery jayne

[42man]

You could write a short letter back stating that although you don't like to litigate via the postal service, you are surprised that they aren't aware of the Kotecha vs Phoenix ruling as well as Link Financial vs Jones and that if they don't comply then you will show their non compliance with the civil procedure rules and strike out their claim, not only that but when the issue of costs arises you will have no hesitation in supplying a copy of your correspondence when the matter of costs arises...

[jitteryjayne]

thanks i will send a letter quoting that today by recorded post . many thanks. may need help again if i dont receieve a reply before my defence has to go in .

[jitteryjayne]

hi , advice please i sent a letter as advised by 42man, but am not sure i have this right , i filed Acknowledge Service on 9th November, it is right that my defence has to be in 14 days past the 28th day does this give me to 22nd December? i am waiting for a reply to my last letter if i dont get a reply do i do an embarrassed defence as they have not supplied any documents requested , and do i submit my defence online ? sorry to keep asking questions just a bit lost on procedure tonight x thanks jitteryjayne

[jitteryjayne]

just phoned court have to file my defence by monday can someone point me in right direction for wording , no response from wescot re my second letter yet, should i wait to see if turns up saturday and if not file defence online by sunday

thanks

[jitteryjayne]

URGENT

can anyone please point me in the direction of a template for defence of reply recieved from crp31.14 but they didnt supply the information requested (agreement) and they admitted it will not be supplied. i need to submit my defence tomorow as it has to be in monday.

[AndyOrch]

There is no such thing as a template defence JJ all defences are unique in the response to the Particulars of Claim.I can post something tomorrow for you to edit to suit.

 

Regards

 

Andy

[jitteryjayne]

thank you much appeciated.

jitteryjayne

[AndyOrch]

POC

 

1.The claim is xxxx being monies owing to the claimant in respect of a credit agreement between HBOS and the defendant under account xxxxxxxxxxxx.

2.The agreement was terminated as the defendant failed to maintain the the agreed terms .In accordance with the pre-action protocols the claimant has attempted to contact the defendant and agree a repayment plan . the defendant has failed to respond or maintain a suitable arrangement and the balance remains owing .

 

3.The claimant claims interest pursuant of section 69 of the county court act 1984 at the rate of 8% per annum from xxxx to xxxxx totalling 0.94 and thereafter at a daily rate to date of judgemnt.

 

 

 

DEFENCE: (Edit to suit)

 

1. Paragraph 1 is admitted with regards to the Defendant entering in to an Agreement referred to in the Particulars of Claim ('the Agreement') with XXXXXXXXX Limited.

 

2. Paragraph 2 is neither admitted or denied with regards to the Defendant defaulting on payments and the Claimant is put to strict proof to evidence this breach.

 

3. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.

 

The claimant is also put to strict proof:-

 

(i) Disclose the agreement that this claim is based on.

(ii) Disclose a valid Default Notice/Termination Notice with proof of service.

 

4.On receipt of this claim I requested documentation by way of a CPR 31.14 request dated xxxxxxx namely the " Agreement" referred to in the claimants Particulars of Claim. The Claimant has yet to comply with this request.

 

5. Further, by reason of the fact that the Claimant is in default of a section 78 request dated xxth xxxxx xxxx, the Claimant has yet to comply with this request and until such time the Agreement cannot be enforced against the Defendant without an order of the Court, until such time they comply with my request.

 

8. By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

 

Regards

 

Andy

[AndyOrch]

Copy and paste into MCOL when you have checked its accuracy.