IND Last letter - Now County court claim form

[bigdude007]

In late September I received a two page letter from IND with "Last letter before legal proceedings" on page one and a statement on the second page. The letters refer to a debt with Barclays bank Plc t/a Sky Card.

This morning (23/10/12) I received a claim form from Northampton court.

Particulars of claim:

The claimant is the asignee of a debt from Barclays Bank Plc t/a Sky Card. Notice of assignment was provided to the defendant by the claimant in writing. Despite demand for payment the assigned debt remains due. The claimant complied with Section III and IV and Annex B of the PD Pre-action Conduct.

And the claimant claims:

Credit card account number xxxxxxxxxxxxxxxx balance of 1,900 as of xx/xx/08

Interest under s69 of the County Court Act 1984 at the rate of 8% a year from xx/xx/08 to xx/xx/12 of 700 and also the interest at the same rate up to the date of judjement or earlier payment at a daily rate of 0.41 AND costs.

 

I have never received a "Notice of Assignment"

The credit limit on this card was £750 and the debt seems to be rather inflated.

Also the debt is in a shortened version of my name, does this matter at all?

 

Basically I'm looking for some advice for my next course of action.

 

Cheers for any help

Edited October 23, 2012 by bigdude007

[Guest]

have a read around forum.

are you defending?

eg http://www.consumeractiongroup.co.uk/forum/showthread.php?159445-Getting-Them-To-Reveal-Their-Vitals.-Using-CPR-31.14-to-Your-Advantage

any missold ppi? amount disputed?

valid default notice?

4 years worth of statutory s69 interest may be regarded as unreasonable. up to judge to decide though, if there is judgment against. challenge if gets that far. costs? wouldn't this be small claims ie limited costs!

Edited October 23, 2012 by Ford

[bigdude007]

I intend to defend due to the notice of assignment never being delivered.

There was no PPI involved.

I'm going to CPR them today.

[bigdude007]

The people that are dealing with this case are Hegartys.

Do I send the CPR to them or to IND?

[PGH7447]

hegarty's - but the reply you will get bakc is that this is allocated to the small claims there fore cpr31.x does not apply - this is their usual response, so be prepared to send of the cpr 31.15?, if I could find my thread i would point you to it, but it seems to have disappeared with most other threads relating to this crowd

[AndyOrch]

hegarty's - but the reply you will get bakc is that this is allocated to the small claims there fore cpr31.x does not apply - this is their usual response, so be prepared to send of the cpr 31.15?, if I could find my thread i would point you to it, but it seems to have disappeared with most other threads relating to this crowd

 

There you go PGH :- http://www.consumeractiongroup.co.uk/forum/showthread.php?325003-IND-debt-collector-**-Court-Papers-Issued-**-**-WON-WITH-COSTS-**&highlight=

 

Regards

 

Andy

[PGH7447]

Ta

[bigdude007]

Excellent, Thanks guy.

Bit worrying as I've never had to deal with this before

Acknowledgement of service done online. Sending my CPR to Heg tomorrow.

From what I have read of the thread it looks like it could be a long drawn out process

Edited October 25, 2012 by bigdude007

[PGH7447]

It will be, also be aware that Ind monitors this forum, so keep things as generic as possible

[bigdude007]

Ok guys, back again.

Been reading through threads on this site and others to try and clarify my next steps. Unfortunately it's just confused me more.

It's been over a week since they received my CPR request and I've heard nada back.

Do I now put in an embarrassed defence?

Do I apply for a SO?

[AndyOrch]

Irrespective of any response or lack of Bigdude you must submit your defence on time...this is what they rely upon for Default Judgment.

 

Regards

 

Andy

[bigdude007]

Cheers for the heads up Andy.

As I understand I have 14 days from receiving the papers. Or is it 28?

As I haven't seen the docs relied on it would be an embarrassed defence?

[AndyOrch]

33 days (5 deemed served so 28 (14 to AoS and if defending another 14 days to submit your defence)

 

I refer to it as an holding defence in the absence of documentation and a debt you are unfamiliar with or disputed or aggrieved.

 

Andy

[bigdude007]

Cheers Andy.

I'll get drafting one tonight.

[bigdude007]

Been looking at a few posts and other POC seem go have a lot more substance to them.

I've never received a default notice.

I've never received a notice of assignment.

Can anyone direct me to a thread that would be helpful for my holding defence?

[AndyOrch]

Particulars of claim:

 

1.The claimant is the assignee of a debt from Barclays Bank Plc t/a Sky Card. Notice of assignment was provided to the defendant by the claimant in writing. Despite demand for payment the assigned debt remains due. The claimant complied with Section III and IV and Annex B of the PD Pre-action Conduct.

 

2.And the claimant claims:

Credit card account number xxxxxxxxxxxxxxxx balance of 1,900 as of xx/xx/08

interest under s69 of the county court Act 1984 at the rate of 8% a year from xx/xx/08 to xx/xx/12 of 700 and also the interest at the same rate up to the date of judgment or earlier payment at a daily rate of 0.41 AND costs.

 

 

Defence

 

Unless otherwise stated references to paragraph numbers assigned by the defendant to the Particulars of Claim which consisted of unnumbered paragraphs.

 

1. Paragraph 1 is not admitted or denied as such matters are not within the Defendant's knowledge with regards to any Assignment.The Claimant has never issued a Notice of Assignment and has failed to respond to a request under CPR31.14 to furnish any such Notice.

2. Paragraph 1 is denied with regards to any demand being made the Claimant is in no position to make demand until Notice of Assignment has been served.

3. Paragraph 1 is denied with regards to the claimant claim they have followed any Pre Action Protocol.

4. Paragraph 2 is denied with regards to the Defendant owing any monies to the Claimant and the Claimant is put to strict proof to:

 

(a) show how the Defendant has entered into an agreement with the Claimant; and

(b) show how the Defendant has reached the amount claimed for; and

© show how the Claimant has the legal right, either under statute or equity to issue a claim;

 

5. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.

6. On the alternative, if the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the Consumer Credit Act 1974.

 

7.By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

 

 

Edit to suit.

 

Regards

 

Andy

[bigdude007]

Massive thank you Andy

[bigdude007]

Wotcha guys, basically looking for some more advice. Mainly what's on the horizon and what to expect.

I got a letter from Northampton saying my defence had been filed (cheers again Andy).

Is it a case of "wait out" or is there something I should be doing?

[AndyOrch]

28 days to respond or the matter will be stayed.If they respond you will receive an AQ (Allocation Questionnaire) and the claim will then be transferred to your local County Court.

[bigdude007]

cheers Andy. sorry it took me so long to thank you, but other things had taken over priority wise.

A couple of interesting developments have occurred, well 1 expected & 1 interesting.

The expected development is I have received an AQ.

The other I would prefer not to put on here as IND are watching apparently.

[AndyOrch]

Perhaps PM me then BigDude

[bigdude007]

OK IND managed to get my CPR request to me. I now have the paperwork I needed & it looks like I'm going to pay the money back. How do I go about sorting out what I think to be unfair charges on the AQ?

[bigdude007]

Evening guys,

I'm now going through the process of filling in the AQ that was sent to me. It has to be back by the 28th December(handy with all the bank holidays).

After receiving the paperwork I requested on my CPR I have a couple of questions.

Would the Default notice be the letter that goes along the lines of

"Please find attached statement of your account with 1st Credit (Finance) Limited. Your outstanding balance is seriously overdue and should pay immediately"?

The assignment notice was sent to an address I once lived at in 2010, it was sent July 2011stating that the account was assigned in August 2008. Is this normal for such a big break in having it assigned and been given notice of it?

The claim form from Northampton has a different account number to the account number on the notice of assignment. They should match surely.

[bigdude007]

Because of the turn of events a settlement seems to be the way to go but I think 8% interest for 4 1/2 years is excessive, how would I go about getting this to a more acceptable amount?

All this just before Christmas and all its accompanying stress I'm losing my mind!

[Guest]

default notice is re a formal notice complying with the regs Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983.pdf‎