N271 received - help

[Lozza121]

I recently disputed a county court claim from a debt collection agency stating that a debt from 2005 is statute barred plus the amount that they were claiming.

 

Now I have received a form N271 notice of transfer of proceedings from N'hampton CC notifying me that the CCBC solicitor is no longer acting. It states that it has transferred to my local CC. There is nothing else written on the form other than that.

 

The claimant has now written to me to state that I did in fact make a small payment in 2010 therefore look forward to receiving my notice that my defence is withdrawn.

 

I have now investigated and much to my total embarrassment I did actually make a payment. I was gobsmacked at finding this out

 

I am really not sure what to do for the best now.

 

Does anyone know ..

 

1) if I would be able to take this up with the DCA that has made this claim and try to resolve outside court as a partial settlement

2) does this now mean that I have to appear in my local CC

3) Does judgement still get entered if I do try settle after receiving N271.

 

Really would appreciate any advice !

[AndyOrch]

Thread moved to the appropriate forum.

 

Regards

 

Andy

[AndyOrch]

I recently disputed a county court claim from a debt collection agency stating that a debt from 2005 is statute barred plus the amount that they were claiming.

 

Now I have received a form N271 notice of transfer of proceedings from N'hampton CC notifying me that the CCBC solicitor is no longer acting. It states that it has transferred to my local CC. There is nothing else written on the form other than that.

 

The claimant has now written to me to state that I did in fact make a small payment in 2010 therefore look forward to receiving my notice that my defence is withdrawn.

 

I have now investigated and much to my total embarrassment I did actually make a payment. I was gobsmacked at finding this out

 

I am really not sure what to do for the best now.

 

Does anyone know ..

 

1) if I would be able to take this up with the DCA that has made this claim and try to resolve outside court as a partial settlement You can do preferably by way of a Consent or Tomlin Order to avoid judgmnet

2) does this now mean that I have to appear in my local CC ..If you proceed and the claim is allocated yes unless you reach agreement before the trial date

3) Does judgement still get entered if I do try settle after receiving N271. See above

 

Really would appreciate any advice !

 

But please expand a little...give us details of the claim/ debt /payments etc

Regards

 

Andy

[Lozza121]

Hi. Thank you for replying to my post. This debt was a MNBA credit card from in 2005 just before ex husband left. I do not have any statements showing transactions/payts etc. It appears that ex husband had used it as the balance escalated to approx. £2683 and now this DCA arrow have taken me to court , therefore , balance has escalated even further to £2839. The DCA have now written to me stating this is not Barr statute ,because I made a payment in Sept 2010. Credit file shows default date as 09/2010 and I have now checked this out and bank confirmed I did make a payment of £26. I seriously do not remember this and can only think that I was harassed and badgered into paying an amount. I was in a bad way back then as I lost my job and struggling. I am sick about this because it hss been lingering on credit file for nearly 6 years and was due to expire 09/2016. If CCJ entered then will be further 6 years. I tried to call them today (3 times) but was answerphone telling me no one available to speak and leave my telephone number and they will call back. Really!!!

 

 

I do not know how to go about getting a Tomlin Order ! Can you briefly let me know.

 

 

Not even sure I know what to say to DCA if I call anyway. Feeling a bit scared about this mess.

 

 

Thanks

[AndyOrch]

Who is the DCA and who is the Solicitor acting?

[Lozza121]

Who is the DCA and who is the Solicitor acting?

 

Hi, DCA Arrow Global and solicitors no longer acting due to my defence.

[AndyOrch]

Okay well there will be a replacement solicitor...so find out first who will be representing....post back here and I will advise on how to go about settlement vis a Tomlin order.