Business debt to 'New Wave Capital' - served court papers

[Larissamj]

Hi, I'm asking for some advice for my brother,

 

he has been served court papers for a business debt that he was also a guarantor for.

He is in a real mess financially and has buried his head in the sand.

 

 His business stopped earning due to Covid and google logarithms, he's got an enormous amount of debt, to the tax (personal and corporation) and bounce back loan and either 4 or 5 credit cards.  Total is around 200k.  Without Covid and the algorithm, his business could start earning again, but he's literally been working and not earning nowhere near enough to even live, let alone tackle his debts.  

 

The inevitable has happened and he's facing court for this loan, which with costs is about £14k (I don't know exact figure) with New Wave Capital.  

 

My question is

whether he should just accept it and get a CCJ or will they look to repossess his house?  

Also is there any kind of defence due to the pandemic, or has he just been silly by not responding properly to them and will now have to face the consequences?

 

All help is welcome, thanks in advance!

Edited November 23, 2021 by dx100uk
spacing

[dx100uk]

please complete this:

 

 

[Larissamj]

Name of the Claimant ? New Wave Capital

 

Date of issue – . there is no date on the claim form, but the covering letter is dated 11th November

 

 

Particulars of Claim

 

What is the claim for – the reason they have issued the claim? credit card debt POC is too lengthy to type, will attach photos

 

What is the total value of the claim? £13,837.18
 

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? probably, he has buried his head so isn't sure, but says probably
 

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

Did you inform the claimant of your change of address? N/A

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 ? 25th November 2019
 

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

Were you aware the account had been assigned – did you receive a Notice of Assignment? as above, he's very vague and doesn't know, but says probably
 

Did you receive a Default Notice from the original creditor? again he's saying probably
 

Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? again probably (sorry I know this is not helpful)
 

Why did you cease payments? he couldn't afford them, (he contacted a debt helpline that told him to make arrangements with all his debts, or the tax would think he is prioritising his credit cards, to the others he's paying a £1 a month).
 

What was the date of your last payment? He is not sure, but made an arrangement to pay £100 a month but couldn't keep it up
 

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, £100 a month, but couldn't keep it up

 

 

 

 

 

POC.pdf

[Larissamj]

I'm going to send off the acknowledgment of service today, but what is the best thing to tick?

[dx100uk]

Was this a manual claim form through salford court? Where has the claimform pack come fro m?

[Larissamj]

no, it has come from a solicitor Harwood and co, and is in the county court business centre

[AndyOrch]

Is there a claim number and has it been stamped by Northampton County Courts ?

[Larissamj]

There is a claim number, but no court stamp

[AndyOrch]

Check with MCOL Northampton quoting the claim number or try registering for MCOL online and see if you can access the claim....is there a password on the claim ?

[Larissamj]

there is no password

[AndyOrch]

Thanks so its a manual claim if there are no details on the claim to use online MCOL. You will have to use the response forms and submit manually. 

[Larissamj]

Thanks Andyorch

 

On the acknowledgment of service, it asks to tick on of 3 boxes:-

 

1. I intend to defend all of his claim

2. I intend to defend part of his claim

3. I intend to contest jurisdiction

 

Which one do I need to put?

 

I'm hoping that he will be able to enter into a £1 a month agreement with them and not involve the courts, but I'm worried he's left it too long and now its gone too far?

[AndyOrch]

1. I intend to defend all of this claim.....you are simply acknowledging service and stating your intended plea for now.......your defence comes later.

 

 

 

.

[dx100uk]

yea old harwood and redwood trick again to make you miss important deadlines.

they do this with school/uni fee debts too

 

can we confirm please there are one or  TWO defendants mentioned on the claimform?

..
get a CCA Request running to the claimant

https://www.consumeractiongroup.co.uk/topic/332502-cca-request-consumer-credit-act-1974-updated-january-2015/

..

Leave the £1 PO unsigned and uncrossed

.

get a CPR  31:14  request running to the solicitors [if one is not listed send to the claimant] also ask for the signed personal guarantee.
...
.[use our other CPR letter if the claim is for an OD or Telecom Debt]
.

https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/

.

on BOTH type your name ONLY
Do Not sign anything
.
you DO NOT await the return of ANY paperwork 
you MUST file a defence regardless by day 33 from the date on the claimform [1 in the count]

..............

 

we have met up with a few of these TAP/New Wave Capital business loan debts subject to a personal guarantee here, neither were able to produce the signed personal guarantee and went dead.

 

 

 

it also not harm to go ring them and check it is actually a valid claim too.

 

County Court Money Claims Centre (CCMCC)

COURTSDATABASE.CO.UK

---

County Court Money Claims Centre (CCMCC)

 

[Larissamj]

Thanks

 

There are two defendants, the business is first, he is second because he was guarantor.

 

Do I phone salford court or Northampton?

 

one other thing, the acknowledgment of service, does that go to the court or the solicitors?

[dx100uk]

AOS form goes to salford. but wait till you findout if this form is REALLY registered at the court!

 

 

go ring salford at the number i quoted

do it quick they close approx 4pm.

[Larissamj]

I've just called and yes they knew I wasn't the named person, so it is registered I guess.  I've emailed the AOS across to them just now

[dx100uk]

22 hours ago, dx100uk said:

can we confirm please there are one or  TWO defendants mentioned on the claimform?

..
get a CCA Request running to the claimant

https://www.consumeractiongroup.co.uk/topic/332502-cca-request-consumer-credit-act-1974-updated-january-2015/

..

Leave the £1 PO unsigned and uncrossed

.

get a CPR  31:14  request running to the solicitors [if one is not listed send to the claimant] also ask for the signed personal guarantee.
...
.[use our other CPR letter if the claim is for an OD or Telecom Debt]
.

https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/

.

on BOTH type your name ONLY
Do Not sign anything
.
you DO NOT await the return of ANY paperwork 
you MUST file a defence regardless by day 33 from the date on the claimform [1 in the count]

..............

 

we have met up with a few of these TAP/New Wave Capital business loan debts subject to a personal guarantee here, neither were able to produce the signed personal guarantee and went dead.

 

 

^^^^^

 

next on your list

 

if 2 'defendants' are listed then each must do everything 

[Larissamj]

Even though it's the same person? 

[AndyOrch]

Yes...because there are two defendants.

[dx100uk]

aos too!

[Larissamj]

Thanks.  I've done the two CPR requests for the solicitors and the CCA for the creditor, do I have to send them all in different envelopes, or can I send them in same envelope x 2?

 

Also can I just clarify that on the CPR letter, I'm asking for all documents named on the POC and the agreement only, so delete the rest?

 

Oh, I've just found out that attached to the POC was the 'revolving credit facility agreement' and 'personal guarantee and indemnity by directors of corporate borrowers or partners of LLPS', is this what I'm asking for in the CPR?  If so, do I still need to send it?  The copy of the personal guarantee is not signed, just a typed name.

[dx100uk]

scan the stuff up please

one mass redacted PDF read upload.

 

hold the CCA/CPR 

 

just ensure AOS x 2 is done.

[Larissamj]

its about 20 pages will that be too big?

[dx100uk]

Yes read upload carefully