Robinson Way County Court Claim Form - NO credit agreement

[lisaclaim]

Hello

 

Urgent assistance please.

 

Robinson Way served a county court claim on me and my husband.

 

We requested a copy of the agreement in March 2010. They responded:

 

Further to your recent request for a copy statement / agreement for you account. We have contacted the original creditor and they have advised that all relevant information has previously been sent to you. and that the balance outstanding as stated above is correct. The account is now long overdue for payment a.........

 

...we sent out another letter based on a std one off this site (failure to comply) and got the following reply dated 18th April 2010:

 

We refer to your recent request that we cease collection of this account as we are unable to provide the documentation that you have requested. The fact that we are unable to obtain this documentation does not mean the debt does not exist or that we are not entitled to pursue you for the sums outstanding. Your data will continue to be processed in line with the principles of the Data Protection Act 1998 and the account will continue to be reported to credit reference agencies, where appropriate. If you neglect to make payment to us, further action may be taken against you. We require your payment proposals within 14 days.

 

...we kept getting letters to pay and outstanding and offers etc., but today got the county court claim. How can they possibly claim against us

 

Particulars state:

The claimaint claims outstanding monies due and payable by the defendant under a credit agreement whereby the defendant agreed to repay with interest the value of the credit obtained.

 

 

Please help as not sure what to do now.

Thanks

[bigegg]

I believe the accepted method is:

Acknowledge the claim (online) saying "defend in full". That gives you 28 days to sort out a defence.

Then send a CPR section 31.14 request to the claimant's correspondence address asking for a copy of the "credit agreement" mentioned in the particulars of claim. Then sort out a defence based on that.

 

 

Hang fire for the moment tho, someone more knowledgeable than me will be along in a minute.

In the meantime:

How much (roughly)

Who was original creditor?

When was the account originally opened? (year?)

Has RW issued the claim in their own name or the OC's?

What sort of account? Loan? Credit card? Overdraught? other?

Did you ever receive a default notice?

Did you ever receive a "notice of assignment?"

Does the debt still show on your credit file?

When was the last time you made a payment?

[lisaclaim]

Hello

 

Thanks for the reply

 

In answer to your questions

 

How much (roughly)

just over £5k but been the same amount for years! on debt collection letters. court claim for just over £6k as added interest and costs. Never ever received a statement !!

 

Who was original creditor?

HFC

 

When was the account originally opened? (year?)

1997

 

Has RW issued the claim in their own name or the OC's?

yes but in brackets (assignees of HFC Bank Ltd)

 

What sort of account? Loan? Credit card? Overdraught? other?

Loan

 

Did you ever receive a default notice?

not that I remember. I have most of the letters dating back to 1998

 

Did you ever receive a "notice of assignment?"

not really, although just got a letter of London Scottish in 2001 just started getting letters from Robinson Way then letters were headed Robinson Way with London Scottish mentioned. and then a log with Horwich Farrelly started appearing !!

 

Does the debt still show on your credit file?

not on mine and I am with experian

 

When was the last time you made a payment?

around 2008 I think, could be 2007

 

thanks, anything else just ask

[havinastella]

Their POC is shocking.

 

Make sure you acknowledge the claim as this will give you an extra 14 days, So from date on claim, +5, +14 +14.

 

You have a few options, like making them replead their POC, or sending the CPR letters.

 

If this was pre April 2007, you have a full defense as they have to have the original in court!

[lisaclaim]

Their POC is shocking.

 

Make sure you acknowledge the claim as this will give you an extra 14 days, So from date on claim, +5, +14 +14.

 

You have a few options, like making them replead their POC, or sending the CPR letters.

 

If this was pre April 2007, you have a full defense as they have to have the original in court!

 

 

Sorry what do you mean if this was pre April 2007, do they now not have to have an original or even a copy !

[havinastella]

Sorry, when was the account/card/loan opened?

 

Pre Aprill 2007 they have to have the original CCA, Post, they just have to show an association to the account.

[lisaclaim]

also... sorry it may have been february 2009 last payment !

[lisaclaim]

Sorry, when was the account/card/loan opened?

 

Pre Aprill 2007 they have to have the original CCA, Post, they just have to show an association to the account.

 

The loan was originally taken out in 1997 ! so does that mean they have to have the original then

[havinastella]

The loan was originally taken out in 1997 !

 

Well they are knackered then

[lisaclaim]

Their POC is shocking.

 

Make sure you acknowledge the claim as this will give you an extra 14 days, So from date on claim, +5, +14 +14.

 

You have a few options, like making them replead their POC, or sending the CPR letters.

 

If this was pre April 2007, you have a full defense as they have to have the original in court!

 

 

Sorry but what are the CPR letters ? are they the CCA ones and the replies as well that they sent me... I will fill in the acknowledgment of service and presume that 'I intend to defend all of this claim' and then that is where I put all the details of why or do I do that separately. I am going to do this online if I can,

 

Thanks

[lisaclaim]

Hello again... I have just submitted the AOS online. Now I have the 14 days is that for me to get the defence ready. Would I still have to go to court. What is the best thing for me to do now ?

 

Also just realised had to submit two claims as the passwords for online where different for me and my husband. Why don't they just do one claim rather than separate ones, even though they have the same claim number

 

sorry but a bit scared now !!

 

Thanks again for your quick responses

[havinastella]

Don't panic

 

You have 33 days from date on claim now you have acknowledged.

 

Have a look here

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?255329-CPR-part-18-vs-CPR-31.14-Confused-well-read-here

 

and here

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?283443-Embarrassed-Defences-and-the-problems-with-them.

[drop47]

I think there may be some confusion about original. My understanding it can be a genuine copy of the original. Correct me if i am wrong. However non compliance of a cca request is an absolute defence. They can not enforce but what is classed as enforcement is defined as up to and including the serving of papers. Not sure which judgement it is. But you must defend.

[lisaclaim]

Don't panic

 

You have 33 days from date on claim now you have acknowledged.

 

Have a look here

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?255329-CPR-part-18-vs-CPR-31.14-Confused-well-read-here

 

and here

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?283443-Embarrassed-Defences-and-the-problems-with-them.

 

 

 

Thanks, I will try !!!

 

I will take a look at the links you have posted and then see what I need to do and post back later. Have a good evening

[lisaclaim]

I think there may be some confusion about original. My understanding it can be a genuine copy of the original. Correct me if i am wrong. However non compliance of a cca request is an absolute defence. They can not enforce but what is classed as enforcement is defined as up to and including the serving of papers. Not sure which judgement it is. But you must defend.

 

Hi... I do have the original letters that Robinson Way sent me stating what I put in my first post where they said they don't have to provide it and they said that HFC had already provided me with the information (liars) I have not been in touch with HFC since 2000 !

 

Should I send a CCA to HFC then !

[havinastella]

You would normally ask for this via CPR31.14, but I hope you have a copy of the one you send Robbers way in 2010.

 

You state you haven't spoken to HFC since 2000!! Was there any time that 6 years/5 in Scotland where no payment was made to either company?

[lisaclaim]

You would normally ask for this via CPR31.14, but I hope you have a copy of the one you send Robbers way in 2010.

 

You state you haven't spoken to HFC since 2000!! Was there any time that 6 years/5 in Scotland where no payment was made to either company?

 

 

Hi, yes I do have a copy of the letter and the original replies from Robinson Way.

 

September 1999 letter from HFC as having problems paying and not paid much at all. Ooohhh just going through all the paperwork and found a letter dated 27th February 1999 which was a default notice . We had gone with Baines & Ernst then and we sent it to them to sort.

 

Also just noted that the oroginal account set up on 18/2/1994 not 1997 as previously put. Sorry about this. I have a lot of paperwork for this.

 

3rd June 2000 sent letter to HFC after seeking advice from the CCCS, where we withdrew our account with Baines & Ernst. Offered a token payment of £2 every 4 weeks commencing 9th June 1999... they must have accepted because that it what we used to pay.

 

18th April 2001 letter from Robinson Way thanking us for keeping up with the £2 payments and acct now under review

 

17th April 2004 same letter as above

 

17th December 2008 letter as in arrears of £10 so obviously not paid for previous 5 months

 

1st February 2009 letter that they had received payment of £20 balance still outstanding.Sure nothing paid from then onwards

 

Hope that helps

Thanks

[drop47]

Sorry Lisa when i was talking about originals i meant the original of the credit agreement. You always cca request the person dealing with the debt so in this case RW. I can not help on cpr but i am sure stella or Andy are the men to help. There is a similar thread somewhere about a defence when no cca was produced.

[lisaclaim]

For information the claimant claims:

 

1. sum of xxxxx

2.interest pursuant to S69 of the county court act 1984 at the rate of 8.00 % from 23/01/01 to date hereof 4269 days is the sume of 694.52

3. future interest accruing at the daily rate of 1.12

4. costs

 

????!!!!

[bigegg]

no chance of "statute barred" defence then.

[lisaclaim]

Sorry Lisa when i was talking about originals i meant the original of the credit agreement. You always cca request the person dealing with the debt so in this case RW. I can not help on cpr but i am sure stella or Andy are the men to help. There is a similar thread somewhere about a defence when no cca was produced.

 

No problem... I get confused easily !! so much to take in so thank you for all your help and explaining.

 

I presume you mean then that they could produce a copy of a signed agreement. I did request the CCA from RW

 

Thing is they have never produced one. The fact that they are going to court could that mean they have a signed one and not shown me.

 

Also I thought companies were always supposed to send you a statement every year. I have never had one regarding this so called debt !!!

[lisaclaim]

no chance of "statute barred" defence then.

 

sorry what does that mean then and why no chance ? thanks again

[drop47]

Have a check of the default notice as well. If you can post it on here ( minus personal details) and someone will be able to help.

[drop47]

As it's over 5000 you might want to seek legal advice. Some solicitors do this on a no win no fee basis.

Edited October 9, 2012 by ims21

[lisaclaim]

Here is the default notice. typed up as a faxed copy I have and not very clear.

 

IMPORTANT - YOU SHOULD READ THIS CAREFULLY

 

This is a DEFAULT NOTICE served under Section 87 (1) of the Consumer Credit Act 1974 relating to a Current Account Plus Agreement dated xx/xx/94 under account number xxxxxxx and made between you and HFC Bank plc (HFC).

 

1. Provision of Agreement Breached: Payment of the minimum monthly repayments on the payment dates.

2. Nature of Breach: You have failed to pay the minimum monhtly repayments totalling £xxxxxxx

3. Action required to remedy: Payment of the total arrears of £xxxx by xx/xx/99

 

IF THE ACTION REQUIRED BY THIS NOTICE IS TAKEN BEFORE THE DATE SHOWN NO FURTHER ACTION WILL BE TAKEN IN RESPECT OF THE BREACH.

IF YOU DO NOT TAKE THE ACTION REQUIRE BY THIS NOTICE BEFORE THE DATE SHOWN THEN THE FURTHER ACTION SET OUT BELOW MAY BE TAKEN AGAINS YOU.

 

4. Further Action HFC will:_

a) require immediate repayment on the date shown of the entire outstanding debt of £xxxxx

b) if the whole or any part of such sum is not then received, issue proceedings against you on or after the date shown for recovery of the entire outstanding debt balance on the account together with acrued interest and costs. Termination of the Agreement will take effect on the date shown unless the total arrears are paid in full before that date.

 

IF YOU ARE NOT SUREW WHAT TO DO, YOU SHOULD GET HELP AS SOON ASPOSSIBLE. FOR EXAMPLE YOU SHOULD CONTACT A SOLICITOR. YOUR LOCAL TRADING STANDARDS DEPARTMENT OR YOUR NEAREST CITI8ZENS' ADVICE BUREAU.

IF YOU HAVE DIFFICULTY IN PAYING ANY SUM OWING UNDER THE AGREEMENT OR TAKING ANY OTHER ACTION REQUIRED BY THIS NOTICE. YOU CAN APPLY TO THE COURT WHICH MAY MAKE AN ORDER ALLOWING YOU OR ANY SURETY MORE TIME.

 

-----------------------------------

 

Sorry for any spelling mistakes lol... just typed to get on here but hopefully you get the gist.

 

Thanks