Court Summons by Barclays - May include default charges

[sarahjanelox]

Hi,

 

This is my first posting and urgently need some advice. I have today received a summons for a bank loan I defaulted on. I had agreed reduced payments, but due to morgage going up I didn't have the funds to pay, so I rang the bank and they said unless I paid the 25 pound areers there and then I would get a summons. I said that I would pay a week later when I had the funds. I did and they issued a summons.

 

I suspect that last year when all things went wrong I got clobbered bank charges and I suspect these have been added to the total. I have no statements on this loan, or cannot find any letters, so cannot prove.

 

Any advice as to what to do now?

[ecobabe]

are you in scotland or england? is it a summary warrant from a county court? apart from that, send a DPSAR(in library of forum) with £10 requesting all statements, and a true copy of agreement(which you'll need to add in, even tho they should send that they might not unless you stipulate). Hand it in to your bank or send it special delivery, immediatley. then when you've figured out what kind of summons you've been served post back here. even if it is a summary warrant you can defend and counterclaim and they will probably need a continuance.

[sarahjanelox]

Hi, Im in england..not sure of details yet as my partner rang me. Will have to look/digest over the weekend.

 

From what i gather i have forms to fill in to admit if i owe the debt and then a form for outgoings...I have 14 days to reply.

[Glenn UK]

If i was you i would go to the bank tomorrow/monday and ask for statements as many as you can get there and then.

 

I would then enter a counterclaim as your defence. If the charges outwiegh the debt then thats good if they dont then it will help and may be sufficint for them to withdraw their claim and negotitate a settlement rathern than suing you.

 

JMHO

 

GLenn

[JonCris]

Also if they only warned you be telephone they have not complied with the CPR in that they have not sent you an LBA allowing at least 14 days before action........Also the fact that you paid as you said you would won't make the court happy that they issued........In addition you can prepare a counter claim for recovery of the unlawful penalty charges.............with interest!..............They may well have shot themselves in the foot by being too cocky