CCJ Received today options ?

[gord1963]

Hi to all hopefully I can het some help or assistance - . I appreciate there is probably the answer somewhere here so if I can be redirected great.

 

 

I have today received a CCJ from the bulk centre in Northampton, The debt is for an old HSBC loan . It was dealt with by an old IVA in 2007 - but this failed in 2009 .

 

 

I am not disputing the debt - but have never been in a situation financially to deal with it. - Due to job loss etc etc .

 

 

I am still not as self employed now and earning pittance of old salary , Thd debt is for about 14K and was a balance of a 30K personal loan, - there was no PPI .

 

 

Any help / advice gratefully received

[AndyOrch]

Thread moved to Financial Legal Issues.

 

Andy

[AndyOrch]

If you could type out the date and particulars of claim (verbatim) less any identifiable data and round the values up.I can probably guess the claimant is Lowell?

 

Regards

 

Andy

[gord1963]

Hi Andy

 

 

Thanks for replying .

 

 

Issue date is 17th Feb 2014

 

 

Claimant is MKDP LLP in Milton Keynes

 

 

Particulars of Claim

The claimant claims the sum of £14 000 being monies due from the defendant to HSBC Bank plc under a bank account facility regulated by the Consumer Credit Card Act 1974 and assigned to the claimant on 13th March 2013 . the defendants account number was ..................... \it was a term of the abnk account that any debit balance would be repayable in full on demand . The defendant has failed to make payment as required by the statuary default notice served by HSBC pl . The defendant claims the sum of £14 000 and costs . The claimant has complied as far as is necessary with the Pre Action Conduct Practise direction

[AndyOrch]

So they are referring to it as a " Facility " not a loan...it would suggest that they think this is an Overdraft..Payments were made up until 2009 until the IVA failed.

 

To get the ball rolling i would request a copy of the agreement to this " facility "...template can be found in the Library...its important to head your request " I do not acknowledge any debt with your Company "

 

Also in the library you will find a request for CPR 31.14 this is a request for documents referred to within their particulars of claim.Use the one for loans and credit cards not overdrafts.

 

Facility agreement

Notice of Assignment

Default Notice.

 

If you can get those away today...recorded delivery or receipted at the very least.

 

With regards to the claim you have 33 days in total subject to how you wish to proceed.5 deemed served so 28 remaining if defending...14 to acknowledge service and a further 14 days to submit any defence.

 

You can do this on line using MCOL once you have registered to use the service...you will be provided with a username ...the password is already on the claim.

 

Regards

 

Andy

[gord1963]

Thanks Andy will do

 

 

On the MCOL should I at this stage just acknowledge service and ask for 28 days to prepare my defence ?

[AndyOrch]

Just acknowledge and defend all.

[gord1963]

ok all done and CPR 31.15 letter on its way.

 

 

Thanks for assistance