Help!!!!!! Credit Union Taking Me To Court.

[MagicMe]

Hi All,

Please can anyone advise me on how I should deal with a Debt Agency called Advanced Collections Sysyems who have written to tell me they have been Instructed to process a claim against me through the County Court. They say that the court documents will be delivered to my home address or workplace in due course by a process server (copy attached).

To avoid unnecessary expense, please contact the writer to arrange a conveinent time to accept service. Your failure to respond will not delay action and proceedings will commence without further reference to you.

Yours sincerely

John Bryant

LEGAL ADMINISTRATOR.

 

The Attached Copy is a Claim Form that has the claimant details, the Defendents details, Brief details of claim which just has unpaid account.

In the right hand corner there is In the County Court, but no court name.

Claim No, but no Claim No and issue date 8 Aug 2008.

At the bottom it has Vaue. Invoice total = £501.26.

The Claiment claims interest under the Late Payment of Commercial Debts (Interest) Act 1998 at the rate of 13.5% from 17/04/08 to 08/08/08 in the sum of £20.95 and continuing at the same rate up to the date of judgement or earlier payment at the daily rate of £0.1854.

It then shows the amount claimed £522.21, court fee £45.00 Total amount £567.21.

The next page has a question `Does, or will, your claim include any issues under the Human Rights Act 1998? a box for yes or No but no tick in either.

Particulars of Claim (attached)(to follow) BLANK.

At the bottom of the page it is signed by John Bryant.

Name of claiments solicitors firm John Bryant.

Position or office held Legal Administrator.

It Then has Claiment or claiments solicitors address to which documents or payments should be sent if different from overleaf including (if appropriate) details of DX, fax or e-mail.

It the has an address,

ACS LTD

PO BOX 170

POTTERS BAR

HERTS

EN6 1ZJ.

 

I had a loan for £400 from my Credit Union in Dec 2004. I repaid this loan up till Nov 2005, but then failed to make any more payments so it left a balance of £194.65.

However I had £370.25 in my savings account with them and thought that has they had my savings money they would just take this to clear my outstanding loan payments.

They have since taken all my savings to clear this loan, but in Jan 2008 this debt was passed on to the above Debt Company ACS.

ACS have been sending me letters about this debt but I have ignored them due to the fact that the Credit Union have had my money form my savings and I was not informed by the Credit union that they had done this. Also they did not do this until this year so I ask myslef the question why then could they not do this in the beginning rather than leave it all these years then send my details on to a Debt Agency.

 

I would like some advice on how I should deal with this matter has it seems like they are taking me to court just for the interest on this account.

Any Advice PLEASE.

Kind regards.

[PGH7447]

Dont know much about credit unions, but did you sign a loan agrrement?

 

If yes then send the DCA a CCA to request the credit agreement, al;so send the credit union a SAR to establish what has been happening, if they have taken all your savings which was more than your outstaning loan then that should be that.

 

Hopefuly someone with more knowledge of court proceedings will advise on what to do re the summons

[42man]

If this is a county court claim (for a CCJ), then you have to acknowledge the claim within 14 days of the date on the paperwork, you then have a further 14 days to submit your defence. It sounds to me like the debt could be made up entirely of excessive charges BUT...you could also oppose this due to a non production of a credit agreement (which must contain the prescribed terms)(if your loan is regulated by the Consumer Credit Act)

 

Acknowldege the debt (you must do this within the timescale) and say you want to defend ALL of the claim, then keep a close eye on the 14 additional days for the defence.

 

In the first instance you must send this to the claimant (or opposing solicitor) send it by recorded delivery

 

In the XXXX County Court

Claimant -v- (YOUR NAME)

Claim Number: (CLAIM NUMBER)

 

 

Dear XXX

 

REQUEST FOR INFORMATION

 

I have received a recent court claim from your organisation. In order to file a defence and counter claim I require some information. Given that this matter is now the subject of legal proceedings, you are obliged to disclose under the Civil Procedure Rules, the information and documents detailed below.

 

The information must be furnished within fourteen days of the receipt of this letter. If you fail to comply, this will be reported to the Court, a copy of this letter will be provided as evidence to the same and an Order enforcing your compliance will be sought.

 

1. A true copy of the executed credit agreement and any terms and conditions that applied to the account at the time of default and at the time the account was opened. True copies of any notice of assignment and/or default notice or enforcement notice that you or the original creditor sent me, with a copy of any proof of postage that you hold.

 

 

1.1 If copies of any of the above documents are to be relied on in court rather than originals, a copy of the Notice of proposal to adduce hearsay evidence required under s2(1) of the Civil Evidence Act 1995 together with proof of the authenticity of the document(s) as required under s8(1)(b) of the Act, including but not limited to:

 

(a) a copy of the procedure(s) used for copying, storing and retrieving documents

(b) a copy of the relevant log entry showing the time and date of the scan or copy, the name of the member of staff making the copy, the method used for copying, storage and retrieval and time and date of destruction of the original document(s)

© copies of internal and external audit reports covering the entire period from the date of the copy to the present to demonstrate that the procedures have been complied with

(d) copies of Quality Assurance accreditation certificates covering the entire period from the date of the copy to the present to demonstrate that the procedure(s) and audit process(es) comply with the appropriate quality standards

 

2. All records you hold on me relevant to this case, including but not limited to:

 

a. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations by your company, or by any previous creditor

b. Where there has been any event in my account history over this period which has required manual intervention by any person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my account formerly held with *********.(AMEND TO THE COMPANY NAME)

c. .Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted (if applicable).

d. Details of any collection charge added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers.

e. Specific details of the fees/charges levied by any other agency in respect of this account and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.

f. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998

g. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.

h. Copies of statements for the entire duration of the credit agreement.

 

 

3. Any other documents you seek to rely on in court.

 

 

I will require this information within the next fourteen days. I must advise you that if the information is not forthcoming, it will be reported to the Court that you are trying to frustrate proceedings and denying me the opportunity to file a defence and counter claim.

 

Yours sincerely,

 

XXXX (type, don't sign).

[MagicMe]

Hi Guys,

Thanks for getting back to me so quick.

I have not received the Court Papers yet the Letter is a ATTENDANCE LETTER with the details I stated in my Post.

I have a few questions,

1, Do I await my Court Papers then send off my letters.

2, Or do I just send the DCA a CCA to request the Credit Agreement

and send a S.A.R to the Credit Union now why I am awaitingmy Court papers.

 

Also I did a google search on the solicitor`s office JOHN BRYANT and could not find anything, which I find a bit worrying.

 

I can`t remember if I ever signed a Loan Agreement with the Credit Union it was so long ago now.

 

Many Many Thanks x

[42man]

Send off the SAR to the Credit Union - this will cost £10, and send it by recorded (do not hand sign it)....

 

Could John Bryant be JMW Solicitors ?? or possibly AC Solicitors & Co ??

[42man]

Just one question the debt says 'commercial' debt ? Do they provide the laons under the Consumer Credit Act 1974 ? might be worth looking at the Credit Union's website....the Agreement may not be covered if they are unregulated....however it seems there are some pretty excessive charges that have been added if not by the Union then definately by the Debt Collection Agency !! start with the SAR....Also do you know if the debt has been bought from the Union by ACS ? or if they are representing the Union ?

[42man]

Is it possible that you could scan / photo what has been sent to you minus the personal details and post it up on here (use Image hosting, free photo sharing & video sharing at Photobucket if need be)....you mentioned that it doesn't have a court stamp on it !!

[MagicMe]

Hi,

 

I`m not sure if the Credit Union provide loans under the CCA 1974, but I will look into this.

I don`t think the debt has been brought by the DCA from the Credit Union has I received a letter from the DCA about 2 months ago not sure of date has no date on the DCA letter telling me that they are in the process of obtaining a judgement against me for a unpaid debt totalling £501.26 to be inforced by our clinet ***** ******* Credit Union.

It then goes on to say they will be sending Baliff`s to my address once this has been awarded.

I did receive a letter from the CU in Dec 07 to say they would pass my debt onto a DCA if I did not make payment.

Should I request the CU to tell me this information if the debt has been sold or if they have sold the debt when I S.A.R them?

 

I am unable to scan/photo the letter to you has I don`t have my printer set up at the moment only brought one at the weekend and need to buy some leads and set it up. sorry.I`m not great with a computer still learning.

The Solicitors firm name says John Bryant so I would have thought that was the NAME? I will try again and there is no stamp on the papers and no claim no or court name.

I am very wary of this DCA........... I will deal with Credit Union frist.

Many Many Thanks x

[Bookworm]

I'm no debt specialist, but it seems to me that what you have here is definitely not a "live" N1, but a "if you don't pay, this is what we will do" N1... in other words, something of no legal value whatsoever, and no more than the usual DCA bully-boy tactics.

 

Seems to me that at this point, you should simply write back to say to them that as far as you are aware, you owe the CU nothing, that any claim will be vigorously defended, and that you want a complete breakdown of what the alleged debt is composed.

 

Time to start pushing back harder. ;-)

[MagicMe]

:razz:Hi,

 

Thanks for the advice and I will do that asp. I think you are right about this DCA using bully tatic`s has I have also received 2 letters from them addressed to the Occupier asking to call a number which I did. I did not speak I just called the number cause I suspected the letter was from the DCA. It was headed National Mail Forwarding service and it said that it had tried to make a delivery to my address and could I call 0170 7852 173 to speak to a S****** G******* quoting my postcode address to enable them to my alternative delivery arrangements.

Added was that please note this letter is addressed to the Occupier for my own personal confidentiality and sercurity ensuring safe delivery is made to the correct address.

If you do not contact us within 5 days items maybe returned to the sender.

 

I have also had a look at all the letters this company has sent me and the signiture for the Legal Administrator John Bryant do not look like they belong to the same person.

I am not going to let this DCA BULLY me I will fight them all the way.

 

Thanks for all your help X

[robin9342]

According to my maths, THEY owe YOU £175.60: £370.25-£194.65. I would write to the credit union and ask for your balance to be returned to you immediately or YOU will file a claim against them!

 

Sounds to me like the credit union has attempted to add some rather dubious fees.

[MagicMe]

Hi,

 

I have called the Financial Ombudsman Service this morning to see if the Credit Union is Registered with them and they told me that they are.

I also asked if the CU was covered by the Credit Consumer Act 1974 and they told me that they was not covered by this but they was accountable to them, so does anybody know what the difference is between the two.

Also they advised me to try and resolve the matter with the CU and if I was unable to do this then I should get back in touch with them.

 

The Phone Number for the F.O.S is 0207-964-0500 or 0845-080-1800

for anybody that may need it. Always handy to have you never know when you might need it.

 

Kind Regards All.

[davethorp]

I'd agree with Robin's assessment that the CU actually owe you money. In the event that a claim does get lodged with the court defend and counterclaim

 

I'd also lodge a complaint against the debt collectors with the OFT. They've broken at least 2 of the OFT's regulations on debt collection by sending papers that are supposed to look like court papers and by sending letters pretending to be a delivery co

[gemspan]

Hello there

 

Im sorry to hear about the tactics that are being employed by the DCA.

 

If the credit union had money in savings then IMO they cannot possibly think that you owe them anything.

 

I would write a letter to the CU asking for a complete breakdown of the loan account and a breakdown of the savings account you had with them. Advise them that you had savings with them and they have taken all your savings to pay a debt that is well below what you actually had lodged as savings.

 

Advise them that you are willing to try and resolve this issue amicably but that if they do proceed to court action you will defend the action on the grounds that they actually owe you money.

 

Good luck

Gemspan

 

PS Make the letter short and sweet. Don't go into any other details than to ask them for a breakdown of both accounts and your willingness to communicate on the matter.

[legalpickle]

Hi All,

Please can anyone advise me on how I should deal with a Debt Agency called Advanced Collections Sysyems who have written to tell me they have been Instructed to process a claim against me through the County Court. They say that the court documents will be delivered to my home address or workplace in due course by a process server (copy attached).

To avoid unnecessary expense, please contact the writer to arrange a conveinent time to accept service. Your failure to respond will not delay action and proceedings will commence without further reference to you.

Yours sincerely

John Bryant

LEGAL ADMINISTRATOR.

 

The Attached Copy is a Claim Form that has the claimant details, the Defendents details, Brief details of claim which just has unpaid account.

In the right hand corner there is In the County Court, but no court name.

Claim No, but no Claim No and issue date 8 Aug 2008.

At the bottom it has Vaue. Invoice total = £501.26.

The Claiment claims interest under the Late Payment of Commercial Debts (Interest) Act 1998 at the rate of 13.5% from 17/04/08 to 08/08/08 in the sum of £20.95 and continuing at the same rate up to the date of judgement or earlier payment at the daily rate of £0.1854.

It then shows the amount claimed £522.21, court fee £45.00 Total amount £567.21.

The next page has a question `Does, or will, your claim include any issues under the Human Rights Act 1998? a box for yes or No but no tick in either.

Particulars of Claim (attached)(to follow) BLANK.

At the bottom of the page it is signed by John Bryant.

Name of claiments solicitors firm John Bryant.

Position or office held Legal Administrator.

It Then has Claiment or claiments solicitors address to which documents or payments should be sent if different from overleaf including (if appropriate) details of DX, fax or e-mail.

It the has an address,

ACS LTD

PO BOX 170

POTTERS BAR

HERTS

EN6 1ZJ.

 

I had a loan for £400 from my Credit Union in Dec 2004. I repaid this loan up till Nov 2005, but then failed to make any more payments so it left a balance of £194.65.

However I had £370.25 in my savings account with them and thought that has they had my savings money they would just take this to clear my outstanding loan payments.

They have since taken all my savings to clear this loan, but in Jan 2008 this debt was passed on to the above Debt Company ACS.

ACS have been sending me letters about this debt but I have ignored them due to the fact that the Credit Union have had my money form my savings and I was not informed by the Credit union that they had done this. Also they did not do this until this year so I ask myslef the question why then could they not do this in the beginning rather than leave it all these years then send my details on to a Debt Agency.

 

I would like some advice on how I should deal with this matter has it seems like they are taking me to court just for the interest on this account.

Any Advice PLEASE.

Kind regards.

 

 

It sounds to me like it's a scare tactic and they're sending you a preparation of the claim form. I personally would write to them say you deny the matter but nothing further.

 

The reason is that they've made a massive mistake. Commercial debts are to businesses, Commercial interest can only be to businesses. If you are a consumer and the debt was taken on as a consumer they cannot add more than the statutory 8% interest or the agreed interest if there was such in a contract - which in my experience with Credit Union's there isn't.

 

Next, if you are a consumer, they are not allowed to serve it on you at your work, as it is deemed harrassment. If you are a business then this is completely different - but I doubt it, because most credit unions don't lend to businesses.

 

They are also obliged to mitigate their losses by deducting the money of your loan account, rather than having it continue to attract interest and take court action.

 

Whilst others would disagree, I personally would say don't do anything but say you disagree with the debt and will vigorously defend it. I would then wait for them to issue and embarrass them in court.

 

It will get transferred to your local court - if you're an individual - so will be costly for them. And it will seriously screw them over with the Credit Union!

 

About counterclaiming against them, I'm not sure if you can, as; 1) They don't own the savings, the CU does, so the CU should have offset the amount, but you can't claim the remainder off the DCA. 2) You haven't requested that the amount be withdrawn so you have no claim.

 

I would not alert them to the problems, as it will most likely result in them knocking off the whole savings amount with all interest and not paying you anything, causing you more troubles. If however you don't alert them and they issue, they can't later do that, so they are screwed.

 

Just my opinion.

 

If you appreciate my advice, please click my scales.

[MagicMe]

Hi,

 

I am so not going to let this DCA get away with `BULLY BOY TACTIC`S`.

I will be reporting them to the OFT and send them a letter reminding them that they are not complying with the law. Lets see how they deal with somebody who is not going to be beaten and they will not be getting a penny from me.

 

I have just done a letter to the CU asking for a S.A.R under the Data Proctection Act 1998, which I did not sign I only printed my name. I will now write another letter with your advice and post that with it.

I will send them tomorrow by recorded delivery so they can not say they did not receive them.

 

I still have my savings book with all my payments for my shares and loan recorded so I do have prove. So glad I kept this!

 

Many Thanks x

[legalpickle]

Hi,

 

I am so not going to let this DCA get away with `BULLY BOY TACTIC`S`.

I will be reporting them to the OFT and send them a letter reminding them that they are not complying with the law. Lets see how they deal with somebody who is not going to be beaten and they will not be getting a penny from me.

 

I have just done a letter to the CU asking for a S.A.R under the Data Proctection Act 1998, which I did not sign I only printed my name. I will now write another letter with your advice and post that with it.

I will send them tomorrow by recorded delivery so they can not say they did not receive them.

 

I still have my savings book with all my payments for my shares and loan recorded so I do have prove. So glad I kept this!

 

Many Thanks x

 

 

Send them special delivery. Recorded delivery is not guaranteed, it only gets a signature when and if through Royal Mail it reaches them. Special delivery is guaranteed every step of the way though.

 

Complaining to the OFT is nice, but is less likely to cause them as much damage as screwing them right back over in court. Others may disagree, but if I was in your position, I wouldn't give them ammunition by going to the OFT, just screw them right back over in court.

 

As far as your payments book, do not send the original to anyone. Instead copy it by the court and get them to certify the copy. All county courts offer this service - certifying documents - for free, or you can pay about a fiver per copy, document or page [varies] in most local Solicitor's.

 

Make a few copies and send those for whatever is needed.

 

Good luck.

 

If you feel my post is helpful, please click my scales.

[MagicMe]

:pHi Legalpickle,

 

Thanks for the advice. I will send the letter for S.A.R by special delivery tomorrow to CU.

I think your right that I should have my day in court with these COWBOYS.

I will send them a letter as you advice and await my court papers.

I am a consumer not a business and I think the way the CU have acted is a little out of order, they have had my money plus more.

I will definately not be giving my book to anyone other than a solicitior.

 

I will sit back and await my S.A.R from the CU and my next letter form the DC.

 

Many Thanks and I will update as soon as I hear back from them. x

[Akhenaten]

This is a mess. But was it wise to simply stop paying? You could have simply contacted your credit union, indeed it was your duty to so, and explain your situation and ask then to use your shares to clear your debt by way of a shares to loan repayment transfer. The loan would have been cleared and you could have withdrawn any shares that remained. Instead you simply stopped paying and broke the trust that the credit union granted you and hence the mess.

Membership of any organisation is two way affair, you have duties and you gain benefits and both parties must act in good faith then there would be harmony. Ask yourself "did I act correctly?"