HELP!! County court judgement over old disputed credit card debt

[soulseeker]

Hi i am panicking after returning from working away for 12 months and finding a county court judgement for 991 pounds (by default) in the post.

 

I have just applied for 'stay of judgement' to have time to prepare my case.

The court has wrote back asking me to explain the nature and details of my defence.

 

To give you full background, the debt stems from an old midland bank credit card.

I placed the account in dispute on the 16th june 2011 after hsbc failed to provide a signed agreement under section 78 of the 1974 credit act.(i enclose the overdue response from them in pdfs)

 

I heard no more about it until now.

It seems the debt was sold on to MK rapid recoveries when i was away.

 

If any anyone could kindly help me out with regard to how i formulate my defence, i would be extremely gratefull.

M

Edited August 21, 2013 by soulseeker
jpegs to small

[citizenB]

Sorry, can you please rescan your documents and convert them to pdf following the instructions below.

 

 

Dx100 – Instructions on uploading pdfs

Scan the required letters/agreements/sheets

as a picture file

remove all personal info including barcodes etc. using paint

but leave all figures and dates.

Go to one of the many free online pdf converter websites

convert the image to pdf format.

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

open a new message box here

hit go advanced below the message 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

NB: you can set where it goes in the post by hitting insert inline.

Then hit reply button

 

 

[citizenB]

I also don't understand your statement that you have received a Default Judgment and you have applied for a stay of judgment ?

 

You would have received a claim form whereby you would have needed to acknowledge the claim 19 days from issue - you would then have been able to submit a defence 14 days later. Did this happen ?

 

Or, have you received a claim form which now has to be acknowledged and defended ?

 

If you could follow the instructions I posted earlier and increase the size of those documents and if you have the Claim form, let us see that as well.

[citizenB]

Ah.. reading your first post again, it looks like you might not have received the claim form. If so, then you will need to make an application to set aside the default judgment.

[Gaston Grimsdyke]

What exactly did they fail to provide you with - a signed agreement or any agreement? Bearing in mind they are not obliged to give a signed copy under s78.

[citizenB]

What you are entitled to receive in respect of a CCA request is..

 

A copy or a truthful reconstruction of the agreement (it does not have to contain your signature)

 

Copies of terms and conditions at inception and at time of default or currently (and if any variations then those are to be provided as well).

 

Plus a statement of account.

 

When was the agreement entered into, you say this is an old Midland account ?

[soulseeker]

Hi citizenB,

Thanks for the prompt reply, have uploaded now in pdf.

Yes, i have applied to set aside as i was not in the uk when the claim was served.

 

Now the court has asked for the details of my proposed defence.

 

Many thanks

M

[citizenB]

Righto, have you received copies of the original claim ?

 

If so, can you please let us know what it says on the PoC - the reason HSBC issued the claim ?

[Ganymede]

Hi,

 

Did you notify your creditors that you were leaving the country for 12 months?

[soulseeker]

Ok, yeah looks like a reconstruction of the agreement.

Yes an old midland account.

Does not contain my signiture, not dated either.

 

As i remember the cca request was late too entering the account into dispute.

 

Seems crazy they can get away with no signature.

 

Thanks

M

[soulseeker]

So you think i have to grin and bear it?

M

[soulseeker]

Hi Ganymede, no i didn't.

M

[soulseeker]

CitizenB, no copies of original claim.

M

[citizenB]

Righto, well despite the fact that they were late in complying, it would appear they have complied.

 

Can you contact the court and ask them for a copy of the paperwork ? You cant actually defend unless you see that ?

[soulseeker]

Thanks for the input citizenB

I could contact the court and ask for paperwork, but sounds as though i'm embarking on a no win journey here.

 

Can i ask the court at this stage to pay in instalments?

 

Thanks M

[citizenB]

Yes, you can do this if you wish. You will need to make application to vary the Judgment order.. I think it is form N245 you need. Give me a few moments, I will check BRB

[citizenB]

http://www.adviceguide.org.uk/wales/debt_w/debt_help_with_debt_e/changing_a_court_order_for_debt.htm

 

Yes, it is. I have attached a CAB fact sheet, if you scroll down you will see what you will need to do.

 

You will also need to supply an Income & Expenditure sheet showing the ins and outs of your income/expenditure. I have attached the one we use for those involved in repossession hearings - it is acceptable to the courts.

 

Ellens Budget Sheet.xls

[soulseeker]

Thank you kindly for your assistance.

M

[AndyOrch]

You must complete the I&E that is contained within the N245...the court may not accept any other I&E...there is a fee for the application of £45 unless you ar exempt from charges.

 

Regards

 

Andy

[soulseeker]

Thanks Andy