Money court claim against me Blackhorse/Fenton Cooper/Arrow global

[misf1]

I have received a claim through Northampton court for a very old debt,

 

they claim it is not statute barred as there were payments made a couple of years ago.

 

I thought once a default had fallen off your credit file as it was over 6 years old that it was SB.

 

They've sent me lists of payments made through a DCA.

 

I contacted them and offered payment in installments if they withdrew the court claim, they agreed and

then when I sent them my income and expenditure they agreed to take installments through the court as part of the CCJ which I have been trying to avoid.

 

They said they would only stop the court claim if I paid in full now.

I explained I don't have the money to pay now or I would.

 

The court claim is very vague and I was wondering if I could defend the claim in some way

and then be able to set up payments and totally avoid the CCJ.

 

I have only just seen the default fall off my credit file and to have a CCJ now would mean my credit file has taken a hammering for 12 years (once the CCJ falls off).

 

Any help would be grately appriciated as I don't have long to file a defence now as I've been talking to the DCA's legal team.

[Boltmaker]

Who is the DCA involved

[misf1]

Fenton Cooper are acting on behalf of Arrow global

[misf1]

I was also mis sold PPI on the loan but when approaching the original lender they refused my claim a year or so ago. The print off of the payments from 2011 show nothing really, not my name, no bank info, just a list of dates and amounts and the name of a DMP company which payments are said to have come from, no account number no nothing.

[AndyOrch]

But did you make the payments misf ?

 

Regards

 

Andy

[misf1]

I don't think so but I don't know. It was all done through a debt management plan.

 

I didn't think I included this debt but I may have had others with Fenton cooper that were with the debt management plan.

 

I want to pay the money I just dont want a CCJ and I want all the charges like PPI taken off.

[AndyOrch]

" I want to pay the money I just dont want a CCJ and I want all the charges like PPI taken off."

 

Well the only possibility of that is to defend all of it for now.

 

Regards

 

Andy

[misf1]

What sort of defence can I write?

[AndyOrch]

What are their Particulars of claim (verbatim) less any identifiable data?

[misf1]

The claimants claim against the defendant misf1 the sum of 1000 due under the following account -*********- 1000 assigned to the claimant by Lloyds Black Horse Ltd, notice of which has been provided to the defendant.

 

They haven't attached anything else to the claim, they just sent me some stuff in the post

[AndyOrch]

No there not required to attach anything to the N1.I assume this is a current account Overdraft?

[misf1]

Its an unsecured loan taken out in 2005

[AndyOrch]

Ah ok so what has the claimant sent in the post?

 

Have you ever requested a copy of the agreement?

 

Did you ever receive a Default Notice and Notice of Assignment from AG?

[misf1]

I received a default notice from black horse in 2006 but they haven't sent me a copy as part of the claim. They sent me a copy of the agreement , I do not have nor have never recieved a notice of assignment from AG

[AndyOrch]

Ok if you get chance scan and post a copy of the Agreement and DN less any identifiable data retracted for tomorrow then we can look at your options of defence.

 

Regards

 

Andy

[misf1]

They also sent me a spreadsheet of payments made by the Debt management people,

 

it consists of dates 2006-2011 and the amount paid and the name of the DMP.

 

They've also sent a copy of the direct debit I signed with the agreement.

 

A list of payments, interest and fees from black horse from 2005-2006

[AndyOrch]

But who sent you the copy of the agreement?

[misf1]

Fenton cooper

[AndyOrch]

Did you request it?

[misf1]

Yes I requested it as I thought it was SB

[AndyOrch]

Yes I requested it as I thought it was SB

 

Once you received the Summons? did you request it using a section 77 request?

[misf1]

They sent it before the summons. I replied but they ignored and I had a claim form through the post

[AndyOrch]

Bit confused here misf..apologies but I need to know all the details leading to summons

 

Why would a Solicitor send you a copy of the agreement of your PL before litigation.Was you acting on their LBA (Letter before Action)?

[dx100uk]

this one smells a bit!

 

dx

[misf1]

Sorry, i'm confused too.

 

They sent me a letter february 2012 asking for the money in full

 

I sent an SB letter,

 

they sent me a letter stating it wasn't SB and included

 

all the agreements and

spreadsheet schedule of payments

and that was it

 

I heard nothing more until December

 

when they called me about a debt,

I didn't know what they were taking about as they were very vague on the phone a

nd they sent me all this information again.

 

I wrote back and they ignored it,

 

the next thing I know I have a court claim.