N1 - Where Now?

[Swamped]

Hi All

 

I've found the information on this site really interesting and I hope someone can help me.

 

I've got two or three "Lingering" debts (less than six years old) from a head in the sand approach after I was made redundant a couple of times.

 

I've been sent an N1 Claim Form. Under "Particulars of claim" it simply states that:

 

"The Claimants claim against the defendant Mr XXXXXXX is the sum of £3,xxx due under the following account xxxxxxxxxxxxxxx £3,xxx."

 

The form is completed by a firm of solicitors acting for a portfolio management company.

 

I've checked with the court and it's a legit form but I can't acknowledge it online as there's no password.

 

What next? Please help.

 

Thanks

 

Swamp

[Bailiffchaser]

Have you sent and sar off to this company ? If i were you i would quickly shoot this off. Also if the claim was issued by mcol then it would have a password. otherwise it is all manual. also i would pm one of the mods for the wording for your defence.click the consumer action link at the top and then go down to the next page and you will see names the ones in pink and green are the moderators and helpers also 2 or 3 admisnistrators are also about.

[Swamped]

Thanks for that.

 

Do you know of a thread that gives the wording for an S.A.R. please?

 

Thanks

 

Swamp

[tamadus]

Thanks for that.

 

Do you know of a thread that gives the wording for an S.A.R. please?

 

Thanks

 

Swamp

 

Hi Swamped,

 

Firstly a letter for an SAR is in the library, simply modify it to fit your case.

 

Ok they have issued an N1 form so you have 14 days to respond to it, if you acknowledge it then that time is extended to 28 days. (If the banks can use the extension so can we

 

I think I would acknowledge it and submit a defence within the 28 days allowed.

 

Do you think there may be any unlawful charges in the total being claimed ?

 

I realise they can delay your SAR for 40 days (or even longer) but you could use the defence that you only admit the claim in part and will be making a counterclaim subject to recieving the SAR details. Stipulate in your SAR that you also require a true copy of the alleged agreement, deed of assignment and any default notice issued or recorded.

 

I would also check with the court that this is a valid response.

[Swamped]

Tamadus

 

Thanks for the quick reply.

 

It will almost certainly have an element of unlawful charges in the total.

 

I was really surprised at the lack of detail: No details about where the debt came from, efforts made to recover, etc.

 

I'll tick the "Defend part of this claim" box send off for the S.A.R. and hope they can't find the required paperwork.

 

Thanks for your help, I do appreciate it.

 

Swamp

[tamadus]

As an extra point Swamped, I am dealing with a repossesion case at the moment. Court date is set for 18 January and I sent the SAR a week ago.

 

I already know there are a couple of charges we will dispute so I am submitting a counterclaim based on those 2 and noting in the defence that more may come to light when the SAR reply is recieved.

 

As it happens the Building society will probably drop the case anyway as the arrears (which built up through no real fault of the person involved) have been paid as promised. Despite them being told money was due to be recieved but no firm date was available ( it was partly a bank claim and partly a pension payout that was witheld) they pushed to issue a possesion order as fast as possible.

 

We fully intend to attend court on the day and I intend forcing them to as well so the judge can decide if their tactics were fair or not.

[tamadus]

Tamadus

 

Thanks for the quick reply.

 

It will almost certainly have an element of unlawful charges in the total.

 

I was really surprised at the lack of detail: No details about where the debt came from, efforts made to recover, etc.

 

I'll tick the "Defend part of this claim" box send off for the S.A.R. and hope they can't find the required paperwork.

 

Thanks for your help, I do appreciate it.

 

Swamp

 

Your more than welcome swamped thanks for the rep feedback

 

Give me a shout when your ready to write up the defence and I'll give you a hand with it. Just PM me we will have to submit the defence before the SAR comes back though but it shouldnt be a problem.

[Swamped]

Tamadus

 

As the N1 doesn't name the company from whom the alleged debt originates from, am I best to "Defend all of this claim"? I'm concerned that by selecting to defend part of the claim may be seen as an admission...

 

Thanks again

 

Swamp

[Bailiffchaser]

You could actually ask the court to order the dca to explain to you where the origibnal debt originated from.

[Swamped]

On the N1, there's no mention of who the debt originates from.

 

Will I be put at any disadvantage if I tick to defend the whole claim and then have to change to defending part of it?

 

Swamp

[Swamped]

N1 acknowledged, S.A.R. & CCA 77/78 sent recorded delivery 15/12/06.

[tamadus]

Swamped I have just emailed a letter for you to send to these muppets, also send a copy to the court as it will be crucial in your defence.

[Swamped]

Thanks, I did that last week.

 

Just contemplating what defence I should enter; or should I ask the Court to knock it out as they have provided no details about where the debt originates from.

[tamadus]

Thanks, I did that last week.

 

Just contemplating what defence I should enter; or should I ask the Court to knock it out as they have provided no details about where the debt originates from.

 

Go to get it struck out should be interesting

[Guest The Terminator]

I would imagine the judge will strike it out through lack of evidence.

[Bailiffchaser]

if a judge strikes it out then the case is closed and you are a free person and then you could go about claiming your charges etc back.

[Swamped]

Thanks for all your help everyone.

 

If the claim is struck out, can they choose to persue it at a later date?

 

Bearing in mind that they haven't responded to my SAR or CCA reuests.

[Bailiffchaser]

If the case is struck out then the debt is null and void and cannot be persued unless of course they appeal against it.

[tamadus]

Thanks for all your help everyone.

 

If the claim is struck out, can they choose to persue it at a later date?

 

Bearing in mind that they haven't responded to my S.A.R - (Subject Access Request) or CCA reuests.

 

I'm not absolutely certain but I seem to remember there is something about not being able to bring the same or an effectivly the same case again unless it's through an appeal.

 

Good luck with it swamped.

[Swamped]

OK ladies and gentlemen, I've sent my defence asking for the claim to be struck.

 

Here's the wording if anyone wants to use it as a starting point for a similar case:

 

Despite several timely requests for further information concerning the origin of the alleged account, BTMK have failed to supply any further information nor acknowledge the correspondences that I sent via recorded delivery. This is despite cashing two cheques for £10.00 and £1.00 I sent to cover the statutory fees.

They have specifically failed to supply a true copy of any signed credit agreement. The request for which was sent on 14 December 2006.

I sent the Court copies of all my correspondences on 27 December 2006.

In light of this, I consider that I have no case to answer and I respectfully request that the Court strike out this claim.

Fingers crossed...

[Swamped]

Hi all

 

If I sent my CCA & SAR requests on 15 Dec, what dates do they have to have returned the info for. (Bearing in mind bank holidays.) I had a reply today saying tht they are requesting the details from their client.

 

Thanks

[tamadus]

Hi all

 

If I sent my CCA & S.A.R - (Subject Access Request) requests on 15 Dec, what dates do they have to have returned the info for. (Bearing in mind bank holidays.) I had a reply today saying tht they are requesting the details from their client.

 

Thanks

 

They are allowed 40 calander days for the SAR and 12 working days for the CCA requests after which they are in default of it. After a further calander month they commit an offence.

[Swamped]

Right then. The solicitors have sent a letter saying that they are requesting the information I have requested from their client... But the CCA has been gone for 15 days now. Does that now mean that the debt is unenforceable?

The court hasn't struck out the claim but transferred it to my local court and sent me an "Allocation Questionnaire".

[Swamped]

GOOD NEWS

 

The County Court have sent me a "Notice of Discontinuance" from the Claimant.

 

Looks like they can't find the paperwork...

 

Thanks to all those who have helped but especially Tamadus.

 

Swamp

 

ps: Kicked the ball off against the HSBC, will continue in another thread...

[tamadus]

Thats fantastic news Swamped, Glad I could be of service during it. Now I might just be inclined to go after them once the month is up and they commit an offence by not supplying your documents.

 

I think a county court summons is sufficient proof of attempoting to enforce a debt without the proper axecuted agreement