Help with Mackenzie Hall Court Forms issued

[Inzi92]

Hi there,

 

Really looking for some advice and what to do next....I had a loan with Pounds 2 Pockets and fell into financial difficulty and fell behind in payments. I contacted Pounds 2 pockets to try and set up a replayment plan however they said they were unable to provide me with bank details to set up a standing order and passed this to Mac Hall. This was in September of last year. Mac Hall then hounded me, contacted my place of work and generally harrased me. I ignored this however looking back it was maybe the wrong thing to do. I have had a letter from them threating door step collection, and also a couple of emails offering reduced settlements, one in November and another in Feb. Today I received court claim forms from Northampton - I panicked and rang Mac Hall even though I know I probably shouldn't have done this. The lady I spoke to said as court proceedings had begun she couldn't offer me a reduced settlement even though i have to reduced offers in writing these were withdrawn, either I paid the full outstanding balance withing 120 days or they would proceed with court!? She took and income and expenditure over the phone and then put me on hold and said her manager said there is nothing he can do as the process has begun, but she could set up a payment plan to clear it in 120 days to stop this happening, even though I clearly have no spare money. I really dont know what to do or what will happen? I want to get this sorted but dont know where I stand? The amount they are asking for has increased from the original amount I owed and I have checked my credit file and they have applied a default in their name, creating 2 defaults for the same debt!? I want to avoid a ccj if I can but I don't know if this has gone too far.

 

Any help would be much appreciated, Thank you in advance........So stressed with it all!

[Inzi92]

Any help would greatly be appreciated : )

[MandM]

Hi Inzi92,

 

First things first - this needs to go to the Legal Forum as papers have been issued. You'll get more help there.

 

secondly, can you put up word for word the bit they've (MH) have filled in on your court docs. Remove any personals obviously. Include the date the summons was issued.

 

I've flagged this to Site Team to move your thread to Legal.

 

And don't panic

 

Mike

[Inzi92]

Thank you Mike : )

 

Do I need to move anything or will this be done for me? Ill get this typed up as soon as I get home.

 

Thank you

[MandM]

Remove anything that may identify you - acc numbers, personl details, claim number etc.

 

If you can scan it then all the better.

[MandM]

thread will be moved in due course

 

Mike

[Inzi92]

Blue form with claim form at top

 

Issued on 19 April 2013

 

Particulars of claim box: Monies due under regulated credit agreement number ******** between ******** and the defendant the benefit of which was assigned to the claimant 10/09/2012. The agreement terminated upon the defendants failure to comply with the terms of the agreement. The claimant seeks interest persuant to section 69 of the county courts act 1984 at the rate of 8% per annum from the date of issue continuing at the daily rate of 0.31. Any payments or queries should be directed to the claimants solicitors on ******

 

Is this the info you mean? Let me know if anything else? Then it has amount claimed, court fee & solicitors costs.

 

I don't have a scanner so I couldn't scan it in.

 

Thank you for your help in advance

[MandM]

That's the info. Leave it up for a couple of hours and let the legal bods have a look at it.

 

Your time frame is 5 days for service from the POC date, then 14 days to acknowledge the claim, then a further 14 days to submit defence. So no need to panic, you're in good time.

 

Mike

[ims21]

Thread moved to the Legal forum in view of the issue of court papers

[Inzi92]

Thank you, has anyone got any advice on this? I really have no idea & I'm really worried

[havinastella]

How much did you borrow and how much are they claiming?

 

Did you receive a default notice? Did you receive a letter telling you the debt had been sold? Did you receive a Letter before action?

[Inzi92]

The amount I borrowed was £1150. I made 2 payments of £180.57 while the loan was still with P2P. The amount they are claiming for is £1439 + costs. I received a default notice from P2P, although this may have been by email. I then received a letter from Mack Hall to say they were dealing with it. Every time I contacted P2P directly they said they couldn't deal with my account anymore to contact Mac Hall. The only correspondence Ive had from them after initial letter was via email, text and missed calls, and then the court forms arrived. What I don't understand also it that the person I spoke to said I could set up a payment plan to clear the account for the full amount in 120 days with them directly? However surely if court proceedings have already started this wouldn't be possible? Also I was asked for an income and expenditure over the phone, then to be put on hold, and then to be told manager said there is nothing we can do. I then asked why I was asked for this information if it wasnt with the intention of helping me set up an arrangement to be told it was to save me filling it in on the form!? However surely I will need to do this anyway if its court forms?

[AndyOrch]

Who is named as claimant on the summons...Mac Hall?

[unclebulgaria67]

You can still come to an arrangement with Mac Hall and they can withdraw the claim. If you don't come to an arrangement, then you will have to complete the court claim form to say what you want to do.

 

Is there any reason to dispute the debt ? Do you want to avoid the CCJ ? See if you can make an arrangement with Mac Hall, if they will withdraw the court claim. If they won't you will have to settle the £1439 + costs within 30 days of the CCJ being granted, otherwise you will have a CCJ on your record. If you cannot afford this amount within 30 days of a CCJ, then you can complete the court forms to say you want to pay by instalments.

 

You do realise that P2P are a US based company, who use Mac Hall to takeover their accounts, after they have gone into default. This is why Mac hall are dealing with it and have issued the court claim.

[Inzi92]

Hi Andyorch, Yes the claimant is Mac Hall

[Inzi92]

Thank you both for your help,

 

Yes I do realise this, when I tried to set up an arrangement with P2P originally and tried to make payment by standing order they said I was unable to do this and looking at other threads it was because they were based in America. The debt was for a loan which I took out and then fell into financial difficulty through a relationship breakdown, the only issue I would dispute is the amount they are asking for to settle account, however I suppose I knew this when I entered into agreement whether right or wrong. Yes I really do want to avoid a CCJ on my credit rating. Although I know I will have a default and that will remain there.

 

 

[AndyOrch]

Are the Default Notice/Notice of Assignment correct and valid?

[Inzi92]

How can I find this out Andy?

[AndyOrch]

Scan them in and remove any identifiable data.

[unclebulgaria67]

How can I find this out Andy?

 

Have you got copies of these ? If so, you can scan them, put them on photobucket or other online file and post a link. (remove all identifiers e,g your name/reference no's etc). Then the people who know these about the rules, can see if they can help.

 

If you don't have copies, then you can request them from Mac Hall.

[Inzi92]

I dont have copies of Default Notice/Notice of Assignment : ( Do I request this in writing? Is this one document or 2?

[MandM]

2 docs. Default notice would/should have been an official looking letter detailing arrears and giving you a date (about 2 weeks) to pay so as to rectify the situation.

 

NOA would be a letter informing you of the new owners of the debt.

 

M

[Inzi92]

I don't think i have ever received a default notice from Mac Hall, only from P2P by email. I dont recall seeing a NOA either. Only a letter stating that the monies had to be paid and threats.

[unclebulgaria67]

I dont have copies of Default Notice/Notice of Assignment : ( Do I request this in writing? Is this one document or 2?

 

You can make an official request for the documents to the address shown for the claimant on the claim form. But you may not get these back, before the 14 days are up to acknowledge receipt of the claim form. You may have to therefore acknowledge the claim form and say that you will be defending.

 

Do you really want to mess around with this ? At some point, they will provide all the relevant papers and you will be faced with having to deal with it. You say that you don't want a CCJ and you don't deny owing the debt, just that you are not sure of the amount of the debt.

 

If you want to dispute the amount, then ask for a breakdown calculation of the amount, so you can make sure whether it is correct or not. If you entered into a payment arrangement with Mac Hall and they withdrew the court claim, this does not take away any rights that you have to be fully informed of the debt. You have the same rights with Mac Hall that you had under the agreement with P2P.

[unclebulgaria67]

I don't think i have ever received a default notice from Mac Hall, only from P2P by email. I dont recall seeing a NOA either. Only a letter stating that the monies had to be paid and threats.

 

You would not receive a DN from Mac hall. It was acceptable for P2P to issue the DN by email, as long as they gave you the 14 days (i think) to remedy the default.

 

P2P and/or Mac Hall would have sent a communication advising of the debt being assigned.