HBOS [Nelson Guest Solicitors] received claim forms

[jitteryjayne]

hi thank you so much, it is less than 5K ,

[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.

 

6. 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

 

Defence updated.

[jitteryjayne]

thanks so much, will keep you updated what happens , jitteryjayne

[jitteryjayne]

hi,quick update,i recd letter friday stating ccj isued and a final chance to aviod ccj???? well i also recieved a letter from the courts stating they have forwarded my defence to claimant and are waiting for a response, and just checked online and a ccj has not been issued still showing defence submitted do i need to respond to this? thanks for any advice , jitteryjayne.

[BRIGADIER2JCS]

It means they have issued a claim,you receive a claim pack shortly by post.

[jitteryjayne]

hi thanks for the reply, i am slightly confused, when you say they have issued a claim , i thought thats what i had already recieved and responded to by submitting my defence online. my defence was submitted 10/12 letter from wetcothes stating ccj registered dated11/12. letter from court recd 13/12/12 stating court have recieved my defence and sent it to claimant. so not sure how they can say ccj registered before a hearing date? your help is appreciated , jittery jayne

[BRIGADIER2JCS]

I see, you post was a little confusing, my guess is they are jus confirming the action taken, the ''avoiding CCJ'' may mean taking the case to mediation.

[AndyOrch]

Its just a last ditch attempt to unsettle you JJ...you have submitted a defence their move next ...at a price they have to pay to issue an AQ...so far cheaper to get you to withdraw your defence and let them have judgment with no cost or work involved.

 

Andy

[DonkeyB]

Have they actually stated (wrongly) they have been awarded judgment by the court, or that they have issued a claim and you can still pay to avoid a CCJ? You need to be very clear on this.

[dx100uk]

scan up the letter

 

scan the required letters/agreements/sheets - as a picture[jpg] file

don't forget you can use a mobile phone or a digital camera too!!

'

BUT......

ENSURE: remove all pers info inc. barcodes etc using paint program

but leave all figures and dates. {DO NOT USE A BIRO OR PEN]

convert existing PC files to PDF [office has an installable print to PDF option]

..

goto one of the many free online pdf converter websites [http://docupub.com/pdfconvert/]

it would be better to upload a multipage pdf if

you have many images too rather than many single pdfs

.

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

or use word and save as pdf

try and logically name your file so people know what it is.

i'e Default notice dd-mm-yyyy

.

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

.

dx

[jitteryjayne]

happy New Year to everyone, hope everyone had a great time. (late i know but been a bit busy and ill over the christmas period)

 

i thought i'd update you ,

 

yes the previous letter made out i had been given a ccj but phoned the court who said they applied for it but it was rejected,

 

they have now sent me the Allocation questionaire to complete. (fair enough)

 

now very unsure what to do as i have had my reply to my SAR today and there is the application form i completed in the late 90's ,

is this now classed as the agreement .

 

if it is i have little left to base my defence on as previosly wescot stated that no cca would be forthcoming!!

 

should there be a copy of the default notice as there are no copies of any .

 

also on the statements shows over £500 in late charges , (£25.00 a time)

if i go for mediation can i aske them to knock off the amount i would reclaim for these charges

and ask for a payment plan for the balance,

 

and if i did would this avoid the ccj or would i have to ask for a tomlin order

( i was all for defending in court but it seems i missed the boat on unenforcability as reading on here i cant see any recent success defending against no original agreement, am i wrong?)

thanks for all your help

jj

[42man]

There are some intricacies involved in consumer credit agreements, things like are the prescribed terms correct (if they are there at all), are the cancellation rights on the agreement, does the interest rate match with the what is quoted on the agreement.....however not many people will be 100% confident to advise on this unless they are a qualified solicitor.

[jitteryjayne]

its just my application form the right to cancel is on there but its just scribbled offer and account number written on the application form , is this classed as the cca?

[42man]

There will be a few caggers who may be able to give an opinion, probably the best way is to scan/photo it and post it up here (minus any personal details). You could use photobucket.com which is free

[jitteryjayne]

ok thanks, will try later as i'm just off to do the school run, thanks for your help

[babydoll0141917]

Any update on this please ?

[jitteryjayne]

hi please help

 

i recd my signed application form in my SAR to OC,

 

wescot said they didnt have CCA,

 

( my scanner has broken)

 

am totally confused what to do next,

 

i have recd the allocation questionaire and am now thinking of accepting mediation as

 

i have read somewhere that the application form can be accepted as the CCA,

if i go for mediation and i agree to pay does this avoid the CCj being issued,

 

i have to return my AQ tomorrow it has to be there monday and am totally at a loss what to put

 

. any help appreciated jj

[dx100uk]

post 37 already refers to your questions

 

dx

[jitteryjayne]

Hi quick update , I sent my aq back and stated I would go for mediation ( I decided to do this after I recd my sar back showing oc did have my signed application form ) now recd N24 from local court and this has confused me again ? It states

Claim stayed for one month

And gives me one week for the following steps to be taken

Either

The claimant must notify if the case has been settled

Or

The claimant/ defendant must write to the court requesting an extension of the stay period explaining steps taken towards settlement and identifying any mediator expert or other person helping with the case .thevletter should confirm agreement with all parties

Or

All the parties must file an allocation questionnaire at the court. Where a settlement of some of the issues have been reached a list should be attached to the completed questionnaire the list must be agrees by with other partie .

 

 

So do I have to forward another aq , Northampton told me they recieved it and the case was transferred to local court ? Do I have to find my own mediator ? I thought the court offered this service free , do I just await contact ? Is this just standard reply from local county court ??? Sorry if I'm being stupid but I can't work out what to do ? Any help appreciated , jj

[AndyOrch]

Hi JJ

 

You can use the Courts appointed Mediator (ADR) or make approach yourself within the 1 month to try to narrow the differences between parties.Failing mediation within the 28 days a further AQ must be submitted.

 

Regards

 

Andy

[jitteryjayne]

Hi

Will the courts mediator contact me themselves? Or do I have to contact them ? And if so do I have to do this before Thursday and let the court know?

Or If I contact wescot myself is there a template letter I could use offering a settlement in monthly payments , less the amount I discovered in charges , any idea how much to offer , claim for just over £2000 they once offer me reduced figure of £ 1400. And if I do this do I inform the court of my actions ?

Thanks for all you help Andy much appreciated , jj

[AndyOrch]

Hi

Will the courts mediator contact me themselves? Varies you ring them Or do I have to contact them ? And if so do I have to do this before Thursday and let the court know? Why what's relevant about Thursday?

Or If I contact wescot myself is there a template letter I could use offering a settlement in monthly payments , less the amount I discovered in charges , any idea how much to offer , claim for just over £2000 they once offer me reduced figure of £ 1400. If they have previously offered £400.00 try £1000 And if I do this do I inform the court of my actions ? If settlement can be reached the claimant usually informs the court

Thanks for all you help Andy much appreciated , jj

 

I usually advise a phone call rather than letter in the initial stages ask to speak to the litigator connected with your claim.Phone calls catch them on the hop with not time to prepare and its not in writing until they respond.Perhaps throw in that you would be prepared to consider a Consent Order or Tomlin Order with view to avoiding any further costs.

 

Test the water ....you will then get a feel if its achievable or you are waisting your time.

[jitteryjayne]

Hi thanks again , the n24 stated the case is stayed til 7th march but says by 21st feb steps to be taken as mentioned , jj

[AndyOrch]

Claim is stayed anyway until 7th March so mediate...not seeing the N24 verbatim I am not aware what they wish you to do by 21/02.

 

Andy

[jitteryjayne]

Hi Andy, the n24 verbatim is in the post I typed at 10.14 today , yes I see now I have til 7th march , was just a bit worried that ccj would be granted on Thursday if I didn't do anything, will keep you informed , jj