Creation/Shoosmith Claimform - old Flybe Card - Now N244 to lift stay and request SJ

[webbscatering]

Very much like most people I fell into debt after my wife suffered a prolapsed disc and was unable to work for a long period of time during that I relied on credit cards to get us by.

 

Shoosmiths LLP issued a county court summons over a credit card debt for 3k

I sent them all documents supporting why I fell into debt and an offer to pay this off at £2 month with a review.

 

First this was excepted in principle providing their client agrees to these terms but I just received this letter:-

 

 

please note our clients instructions are to continue with legal action and secure the outstanding balance by way of a charging order over your property. The charging order would only affect your interest within the property and should any funds be released though sale or reportage our client would be repaid from any surplus monies arising after pre-existing securities are paid.

 

Our clients instructions are to secure the balance over your property, to ensure that they can accept and monitor affordable repayments each month, whilst holding security by way of an asset. Please note that this is not an application to order the sale of your property. We confirm that a charging order is granted at the courts discretion.

 

To prevent further legal action at this stage our client requires an increased monthly offer of repayment which will clear the debt within a time frame they deem to be reasonable.

 

Please note if you are unable to make the required payments =, we will review your offer of £2 a month with a view to accepting payments to run in conjunction with the Charging Order over your property.

 

 

1. I thought they can only apply for a charging order if I defaulted on a CCJ?

2. My offer was what was affordable with a chance to review should have been acceptable?

 

Cheers

Kev

[AndyOrch]

Hi there.....

 

I have moved your topic to the Financial Legal Issues Forum...please continue to post here.

 

So the court claim .....did you acknowledge service and did you defend the claim ?  or simply admit the claim and returned the forms with an offer of payment ?

 

Andy 

[webbscatering]

Hi Andy,

I admitted the claim with the offer of payment

[AndyOrch]

Then they do have a CCJ...irrelevant if you default on the agreed payment.......automatically entitled to secure the judgment vis a charging order.

[webbscatering]

When I filled out the Admission form N9A under the section "where to send the form" If you admit the claim in full send the completed form to the claimants address shown on the form as one to which documents should be sent. This is what I did but never received anything back from the courts by way of a CCJ only correspondence from Shoosmiths.

[AndyOrch]

Thats correct...admittance goes to the claimants sols...they then request judgment.

 

Have you checked with the court ...have you checked the CCJ Registry ?

 

https://www.trustonline.org.uk/?gclid=CjwKCAjwmKLzBRBeEiwACCVihlEeuQNsN116L95MXJ7VY5KH2RlnD84fKuCa_T6oviLUKhpiAOD0DxoCLxUQAvD_BwE

[webbscatering]

comes back "Case number invalid or not found on the public Register"

[AndyOrch]

What date did you get this claim form ?

[webbscatering]

9th Feb 2020

[AndyOrch]

Give it time.....possibly not registered yet....but contact MCOL and ask for a copy of the Notice of Judgment....or current status of the claim.

[dx100uk]

oh why did you blindly admit it??

 

can you log in to MCOL? see the claimform..

I wonder if we could sneak in a defence here.??

 

[webbscatering]

just checking

[webbscatering]

its allowing me to put in a defence

[dx100uk]

yes!!

 

do you want too ....we can sort this in 5 mins if you give use a few more details ok with that?

 

 

 

[webbscatering]

yes, what do you need?

[dx100uk]

 

fill this please.

 

takeout year too please not just <>2007

[webbscatering]

Name of the Claimant ? Creation Financial Services

 

Date of issue: 06-02-2020

 

Particulars of Claim

 

What is the claim for – the reason they have issued the claim?

the Defendant (D) held the accounts as listed below with the claimant (C)

D failed to pay the sums due in C when demanded and the sums listed below remains outstanding

Acc No. 123456789

Debt Balance £1629

 

What is the total value of the claim? 1813

 

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC ( Pre Action Protocol) ? No

 

Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No

 

Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? credit card

 

When did you enter into the original agreement before or after April 2007 ? after 2007

 

Do you recall how you entered into the agreement...On line /In branch/By post ? online

 

Is the debt showing on your credit reference files (Experian/ Equifax /Etc...) ? not sure

 

Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim? OC

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? No

 

Did you receive a Default Notice from the original creditor? yes

 

Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? No

 

Why did you cease payments? reduction in household income due to partner having major back operation to repair a prolapsed disc, reduced earnings by £7000 per year on my second income due to to having to look after partner, HMRC PAYE have had me on emergency tax since february 2019 reducing my main earnings by £160 per month, my father has terminal cancer so I had to help with family commitments lastly two of my children had to return home after losing their employments and flats.

 

What was the date of your last payment? January 2019

 

Was there a dispute with the original creditor that remains unresolved? No

 

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? yes

 

[AndyOrch]

Edit to suit.......

 

The Defendant contends that the particulars of claim vague and are generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.

1. The Claimant has not complied with paragraph 3 of the PAPDC (Pre Action Protocol) Failed to serve a letter of claim pre claim pursuant to PAPDC changes of the 1st October 2017.It is respectfully requested that the court take this into consideration pursuant to 7.1 PAPDC.

2. The Claimant claims £xxxxxx is owed under a regulated consumer credit account under reference xxxxxxxxx. I do not recall the precise details or agreement and have sought verification from the claimant and the claimants solicitor by way of a CPR 31.14 and section 78 request who are yet to fully comply.

3. Paragraph 2 is denied. I am unable to recall the precise details of the alleged agreement or any default notice served in breach of any defaulted payments.

4. Paragraph 3 is denied.The Defendant contends that no notice of assignment pursuant to s.136 of the Law of Property Act & s.82 A of the CCA1974 has ever been served by the Claimant as alleged or at all.

5. It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of assignment/balance/breach requested by CPR 31. 14, therefore the Claimant is put to strict proof to:

(a) show how the Defendant has entered into an agreement; and
(b) show and evidence any cause of action and service of a Default Notice  pursuant to sec87(1) of the CCA1974; and
(c) show how the Defendant has reached the amount claimed for; and
(d) show how the Claimant has the legal right, either under statute or equity to issue a claim;

6. After receiving this claim I requested by way of a CPR 31.14 request and a section 78 request for copies of any documents referred to within the Claimants' particulars to establish what the claim is for.

7. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.

8. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer credit Act 1974.

9. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

 

 

 

I would also get a CPR 31.14 and section 78 request off tomorrow ...pronto.

[AndyOrch]

Out of interest which credit card and whos the claimant ?

 

Looking back at your history Webby...Im amazed with all the court successes you have had that we have advised on you opted for the easy way out here........

 

Andy

[webbscatering]

I suppose at the time by trying to pay this debt I was doing the right thing but it came back and bit me on the backside so a lesson learnt

thanks both of you

[dx100uk]

creation finance?

when did you take this card out?

and who was the OC?

[webbscatering]

its a FLYBE Credit Card
Creation is a trading style of Creation Financial Services Limited.
Registration Number: England 1091883. Registered Office: Chadwick House, Blenheim Court, Solihull, West Midlands, B91 2AA.

took out 29/04/2017

 

[dx100uk]

Topic title amended

 

aha...sigma bank.

now I've been in court twice with Flybe (sigma bank) debts and they couldn't get the CCA for either of them.

however this is the Original Creditor as a claimant not a DCA like mine cabot.

 

 

[AndyOrch]

Topic reopened

[webbscatering]

need some help addressing this letter that came yesterday.

 

Thanks to you guys we fought off the charging order they wanted to apply for, but prior to them seeking that they also excepted a repayment of £2 a month which is being kept up.

 

The £2 is a bit cheeky but at the time of agreeing that payment I was furlough so that's why is a paltry amount,

 

 they have sent me a pack of statements and an unsigned contract which does not have a digital or penned signature on it.

 

They have nicely pointed out that I have agreed to the amount outstanding and also that I am paying them £2, so can they ask for more even without a joint agreement to review the account after a certain time.

 

cheers

Webby

 

Shoomith letter 2021-01-13.pdf