Urgent Help PLEASE....in court tomorrow!!!!

[Valdez is Coming]

Hi all....hope some of you can help me urgently with this one please.

 

A&L have issued a court claim against me via their pet solicitors, Shoosmiths.

 

They have twice refused my offer of small monthly payments against a debt which l cannot pay in full and they have passed my details to a DCA (Global) while l was in the process of negotiating with them.

 

I did a CCA request and they sent an agreement, duly signed; however, l noticed it contained unlawful charges and sent preliminary letter requesting a refund.

 

Before l could send an LBA, their response was to issue a court claim via Shoosmiths, with no further correspondence.

 

I have written to Shoosmiths informing them of my refund request letter and advising l intend to counter-claim for the unlawful charges and that, if this goes to court, l will be requesting full disclosure on structure of their charges from the judge. I thought this would worry them, but no response as yet.

 

I have to submit my initial response to court this week and am NOW A BIT LOST as to what l should do next?????????????

 

URGENT advice greatly appreciated please.

 

Also - court claim is in NORTHAMPTON county court. I know they all originat there, but can l get this transferred to my local court?

[Valdez is Coming]

Have received a court claim from A&L and really need some urgent help pls!

 

Have posted details and my questions in ALLIANCE & LEICESTER section, but have added this here as there seem to be more people looking at the GENERAL section.

 

All advice greatly appreciated. Need to deal with this URGENTLY.

 

Many thanks in advance...........Valdez

[Unholy Alliance]

Acknowledge their claim, and state that you intend to defend either all or part of it. make it clear that you have offered to pay what you can afford, and draw attention to the unlawful charges.make sure everything is inwriting, and if using post, send recorded.Also, calculate the value of the counterclaim, and be sure youcan back it up. I cant comment on the value of your repayment offer in ratio to the debt, but generally speaking most courts will take a sympathetic view, if it can be shown that you are being genuine. Also, by entering a defence, the hearing should be automatically transferred to your nearest county court. I'd also be inclined to check whether in their approach the bank could be guilty of harassment.Whilst they are entitled to ask back for money that is lawfully owed to them, they still ought to observe common sense....good luck.

[GuidoT]

Tell me what the numbers are, how much are they after and how much have you got in terms of bank charges?

 

In any event, once the claim is served on you, complete the Acknowledgement of Service, I am unsure how you would complete all of this as I do not know the answer to my first question about the numbers.

 

You will then be required to prepare a Defence and make a Counterclaim for your bank charges. That Counterclaim may extinguish part or all (hopefully) of the sum that the have claimed against you.

[matthewluck1]

I'm a bit worried that this might happen to me.

 

I owe £250 in my overdraft, I went £1.24 overdrawn (due to a paid cheque), and now I am facing bank charges around £100.

 

So when they get my Preliminary letter they may do the same to me

[Valdez is Coming]

Unholy....many thanks, will chew over yr advice.

 

GuidoT...don't want to disclose actual figures. The unlawful charges are a small part of the debt - BUT they are still there to be reclaimed and l don't mind if my day in court forces disclosure on how they calculate charges. I thought they would be worried about proceeding with the threat of disclosure, but now am uncertain. Maybe the judge will grant my request.

 

I don't mind admitting l am in deep doo-doo with several creditors, having been ill, wife (a pensioner) having been ill and me being unemployed for most of 2006. Now back in work but, as an oldie, had to take a job paying much less than l used to earn. I have made offers (twice) to pay A&L a small affordable monthly amount until my circumstances improve. They have rejected these offers outright. Their silence is what worries me.

 

Thanks to all and any further advice appreciated.

 

P.S. Matthew - it took me a long time to get into this position - much correspondence and a CCA request, so don't worry too much. Do a CCA request now if you have unlawful charges on yr account and ensure they can provide a copy of the properly executed agreement asap.

 

Suerte a todos.............Valdez

[Valdez is Coming]

Oh...one other thing, ironic really, a few months ago - after l had written explaining my circumstances - A&L sent me a letter headed 'Get Your Money for Less', which invited me to apply for a personal loan!!!!!!

 

I will also be mentioning this in court!

[matthewluck1]

Do a CCA request now if you have unlawful charges on yr account and ensure they can provide a copy of the properly executed agreement asap.

 

A CCA is where you request all bank statements for 6 years right?

 

I was of the understanding I dont need to do this as I know all my charges I am claiming and they are recent.

 

Please can you explain the 'executed agreement'

 

thanks, matthew

[PriorityOne]

Valdez... have you payed Global ? I am still investigating their right to collect payments while being a dormant company and registered as non-trading. Global are a separate Limited company and although they are owned by A & L, being limited makes all the difference, if it can be proved that they have been receiving payments. If Global were not limited, then it wouldn't matter.

 

May be worth mentioning in your dealings with them... they may back down. I am still gathering info., so will take a while before I can be certain. You posted in my thread in Legalities... which was why I remembered you...

 

[Valdez is Coming]

Hi Priority One....NO l have not paid Global a penny, but l will certainly note the info you have provided. Thanks.

 

Matthew, a CCA request is totally separate from an SAR request. As you have all yr statements you probably don't need to do a SAR request.

 

CCA request requires the creditor to provide you with a signed copy of the properly executed agreement. This must be signed by both you and the creditor. You have to send a £1.00 PO or cheque for this service and the creditor has to respond positively within a certain timescale or they go into default on the debt. Pls look for threads re CCA REQUESTS. There are many on the forum and they will expalin things better than l can. Also pls start yr own thread if you are going to do this. You might also find a template CCA request letter in letter templates section. Regards.....Valdez

[Valdez is Coming]

Need some URGENT help here please.

 

Have today completed 'Acknowledgment of Service' form and ticked box

'I intend to defend part of this claim'

 

Do l now have 28 days from dated of service to enter my defence?

 

When do l ask for transfer to my local court?

 

I am very disappointed at the lack of response to this thread.

 

Part of my defence will be a request for the judge to order full detailed disclosure of A&L's penalty charging regime. I will almost certainly have to go to court (l will attend - hopefully Haywards Heath County Court) and this could be our long-sought chance to blow this unlawful regime wide open. Pls support me!

 

Mods, anyone, pls show a little interest here and help me. I must admit l find the counter claim options very confusing and have been unable to find details of fees on the moneyclaim site.

 

I really need some help - so pls respond soonest.

 

Thanks..................Valdez

[GuidoT]

You have 28 days from when date when the claim form was deemed to be served, to issue your defence and counterclaim.

 

Unlikely to obtain disclosure as you will be on the small claims track, I think the claim is less than £5K. However, attempts have been made to circumvent disclosure in the small claims here: http://www.consumeractiongroup.co.uk/forum/bank-templates-library/11644-allocation-questionnaires-guide-completion.html

 

If you mean court fees then here (as you are filing a counterclaim you have to pay a fee as do A&L):

County Court Fees

 

You mention moneyclaim I presume you are not intending to commence a claim too, just to counterclaim.

 

Your response on your thread is okay, you should see how my Lloyds thread started off, no one went near it for ages. The CAG mods etc. have alot to deal with, they cannot attend to each post.

[Valdez is Coming]

Hi All...need some urgent help pls as l am totally confused!

 

A&L made a court claim against me recently. I responded acknowledging part of the claim but making a counter-claim for unlawful charges.

 

I have received AQ forms, but these seem designed for me to state particulars of my claim against A&L.

 

Can l enter details of my defence and request for a payments schedule in connection with my debt to A&L on same AQ forms? If so, how?

 

Reply has to be with the court this week and l really don't know how to proceed.

 

Anyhelp gratefully received.......regards to all

[mochamoo]

What are the charges they are bringing against you?

 

When is the AQ due to be handed in?

[Valdez is Coming]

Mochamoo...hi...A&L took out a court claim against me for non-payment of a loan. I have gone thru CCA and SAR and have tried to negotiate payments with them as my circumstances have changed since the loan was taken out and l am not now in a position to meet full payments or pay off the loan.

 

They have rejected my various offers and, instead of negotiating, instructed their pet solicitors Shoosmiths to commence proceedings. I have advised them account was in dispute, but they have not responded since serving their claim.

 

I counter-claimed for unlawful charges on my account. Their claim was initiated shortly after my preliminary letter requesting charges refund, with no communication.

 

I have to submit AQ forms TOMORROW. I am ok with details of MY counter claim, but l don't now how or where to enter my response to their claim, in which l need to explain my circumstances and ask the judge to order low monthly payments until my situation improves.

 

Any advice you can offer tonight would be much appreciated.

Thanks and regards..........Valdez

[mochamoo]

hmmm, i can help with your aq but not the other bit, let me try and rally the troops see if anyone has any ideas ...brb

[MARTIN3030]

Yes you should counterclaim but need to have figures.

Have you got those ?

[angel1a]

Hi,

I am new to all this, have been reading some of the threads, have you been to see anyone at your citazens advice. Up here in Scotland the have a Money Matters Service that can be accessed through local councils, they can negociate on your behalf and can have a bit more presence. I don't know if that will help you any

[MARTIN3030]

On allocation you will have the opportunity to put your case foreward.You should state that the account has been questioned and should be legally regarded as in dispute.

We need more in depth info,you have until 4 pm tomorrow to get it in so try and give us more info

[mochamoo]

troops rallied, off to bed. Good Luck Valdez

[Valdez is Coming]

Hi all and thanks for rallyimg round on this.

 

Martin & Karnevil.....l am ok on my counter claim...A&L have disregarded the dispute situation and have dismissed my offers to come to an arrangement without going to court. I have submitted figures and believe l have a good case and can argue this with confidence.

 

My concern is that, while l acknowledged the debt excluding charges, l was not able and am still not able to give a financial statement. I was unemployed throughout 2006 and only got a job (at a salary much below what l used to earn) in November 2006. I will not pay tax until this month and l don't get paid until 27 March. Only then will l know what my regular monthly income will be.

 

My main concern is - where on the AQ forms can l enter my defence/response to A&L's claim and explain my situation to the judge while at the same time requesting he allows me to make low monthly payments until my situation improves?

 

I am also thinkimg of ticking 'yes' in the box where it allows a stay for one month to try to negotiate with A&L. Is this wise.

 

I owe most of the debt, cannot pay it and accept that a CCJ is probably inevitable. I just want to megotiate a mutually acceptable payment schedule........but at the same time A&L totally flouted the law and l want to make them suffer. I am not afraid, just confused. Help appreciated.

 

Thanks also Angela...l am touch with CAB but can't get to see them for some time (they must be as inundated as the banks!)

 

Regards to all.........................Valdez

[alanfromderby]

I realise that by now you will have probably filed you AQ, but would make the following observations.

 

Firstly, it would be well worth having ticked the request for a stay - as it would reinforce the fact that you are trying to negotiate a payment arrangement, and a settlement of the dispute.

 

I would suggest that the next stage is a strongly worded letter to A&L stating that they have breached pre-action protocols, the Banking Code, and the FSA Handbook by continuing with the action whilst their is a dispute.

 

Suggest that they now properly consider your offer to negotiate, taking into account your current situation, otherwise you will bring the matter to the attention of the judge.

 

Once you receive the directions from the judge, I will advise further - but please be aware that the court have no choice but to take your circumstances into account. Indeed the CPR allows that repayments even be suspended in cases of severe hardship.

 

The bottom line to this is - don't worry! They cannot take what you have not got, and they have acted in such a way that they are not going to get an easy ride in court.

[Valdez is Coming]

Alan.....many thanks for your (customary) wise words.

 

I had to submit the AQ today. Thought about ticking 'yes' for a one month stay, but decided agaisnt it as l have written 6 or 7 letters to A&L already explaining my circumstances and requesting an arrangement, without any positive response.

 

I will do as you suggest and write a further letter emphasising the points you make and will post their reply (if l get one).

 

When all is said and done, if this goes to court, l can maybe at least get standard disclosure on the structure of their charges and make them squirm. As you so rightly said, they can't take what l haven't got, so l am really not scared of A&L.

 

Many thanks and kind regards.....................Valdez

[Valdez is Coming]

Need some urgent help pls.

A&L are taking me to court over a loan account.

I have counterclaimed for charges but these are only a relatively small part of the total.

A&L have made an application to have my counterclaim struck out as an abuse of process, claiming "The defendant has raised the same grounds for filing his part admission as he has for filing his counter-claim"

 

I had to admit part of the debt, which l did, including the charges element.

I then made my counterclaim for the charges involved.

 

Have l screwed up here?

 

A&L's solicitor has sent me a letter 'inviting' me to withdraw my counter- claim "in the interests of costs and proportionality".

 

Should l agree to this? I know l can't win overall and will doubtless have a CCJ registered against me, but l really want to get A&L into court with the aim of forcing disclosure of their costs' structure.

 

I have tried to negotiate with A&L without the need for the court's involvement, and have made the court aware of this, but A&L have been negative and uncommunicative throughout.

 

REALLY NEED SOME URGENT ADVICE PLS AS I DON'T KNOW WHICH COURSE OF ACTION TO TAKE!

 

Many thanks

[itsamomentintime]

erm.......

 

you really need to know how much of the loan is made up of unlawful charges

 

then minus this from the loan amount, to get a figure that you can work with

 

make it clear to the judge that, unless A+L can prove that the charges are proportionate to their costs (ask for disclosure), you wont be paying them