Urgent Help IND Ltd County Court Claim

[help2116]

Hey Guys,

 

I hope I have posted this in the correct forum.

 

I have been reading & reading trying to find answers before posting but I am completely overwhelmed with the amount of information.

 

I recently received a county court claim from a company called IND Ltd for an alleged credit card with a bank I have never dealt with.

 

This is the first time I have ever heard anything to do with this, I have never had a letter or phone call of anything from IND before and I am completely stressed about what to do next.

 

I was away on holidays when the court paper arrived and only just got in time to acknowledge and having spent hours & hours searching/researching on the internet, I should have just posted a query.

 

I thought the best thing to do would be to write under section 77 but having read literally 100's of other posts it seems this may have been the wrong thing to do??

 

I know you guys seem to be dealing with this type of thing all the time but I am completely stressed out by this so I would greatly appreciate anyones wisdom on the best way forward.

 

Look forward to hearing your thoughts.

[renegadeimp]

Hi. Welcome to CAG.

 

 

If its a legit court claim, then acknowledge it online asap.

 

Your defence would be pretty simple. You have had no credit card, nor had any dealings with said bank at all. The claimant has never contacted you either, nor has the bank.

 

Hold tight and someone should be along soon to give you specific wording.

[citizenB]

Can you let us know the following..

 

The issue date - you will find this at the top right hand corner of the claim form.

 

There is a strict timeline that needs to be kept to..

 

Issue Date + 5 for service + 14 to acknowledge (which you say you have done) + 14 days to submit a defence.

 

 

 

You say that you know nothing about this and have never had an account with the bank they claim to be acting on behalf of. If you could let us know exactly what it says on the Particular of Claim (the claim form)..

 

I am not sure how much time you have left, so once you have answered the questions above, we can set about drafting a request (CPR31.14) for information. Plus we can help you put a defence together

[oleg]

If the bank in question is Barclays, did you have an account with one of the many credit card providers whose business they acquired - eg Egg, Goldfish, Liverpool Victoria, Morgan Stanley?

Ignore my question if not Barclays - twas just a thought.

[help2116]

Hi Citizen,

 

Thanks so much for coming back to me - much appreciated.

 

I can't even begin to explain the stress this is causing me, I have never had to deal with anything like this ever before & I have been completely overwhelmed by the amount of information out there.

 

I was away when the initial form came and only just got in time with the acknowledgement, unfortunately I have (maybe foolishly) submitted my defence - I think I had some bad advice before I found you lot! Basically I just said that I had never heard from these people before, I have no idea what this claim is about and I have no relationship with the bank that they mention and that I would have to write to them for more information and then may have to alter my defence based on this.

 

I'm now even more stressed as from researching more on the internet it appears that this needs to be done pretty formally and I have probably made things worse. The claim form is as follows

 

Claimant

IND LTD

PO Box 239

Stamford

PE9 4WX

 

Address for Sending documents

Hegarty LLP

48 Broadway

Peterborough

PE1 1YW

 

Particulars of Claim

The claimant is the Assignee of a debt(s) from **Bank**. Notice of Assignment was provided to the Defendant by the Claimant in writing. Despite demand for payment the assigned debt(s) remain 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: xxx xxx xx x xxxxxx

balance of xx,xxx.xx as of xx 09

Interest under s69 of the County Court Act 1984 at the rate of 8% a year from xx to xx/13 of £2xxx and also interest at the same rate up to the date of Judgment or earlier payment at a daily rate of 2.35 AND costs.

 

Just typing this out is making me feel sick.

 

Any advice would be greatly appreciated as mentioned above I might have done the wrong thing already but I was completely gobsmacked when this landed on my doorstep.

 

Thanks.

[citizenB]

So, how did you submit the defence.. online ?

[citizenB]

Their Particular of claim is very poor. In fact it goes beyond poor !!

 

It makes no mention of the defaulting date or the fact that this is an agreement protected by the Consumer credit Act.

 

Had you come to us first before revving up the panic button, we would have advised you to demand they re plead their case.

 

However, what is done is done.. I am sure there will be a way of recovering this.

[citizenB]

Can you confirm that you have never received a Notice of Assignment from the claimant.

 

Could you please also respond to the question asked by oleg in post # 4

[help2116]

Thanks for coming back to me, now I feel worse than I did before but as I have never experienced anything like this before I guess I panicked...I agree I wish I had of found this particular forum first of all, there is an awful lot of information out there and when you feel like the clock is ticking you do panic.

 

Yes, it was submitted online.

 

Their Particular of claim is very poor. In fact it goes beyond poor !!

 

It makes no mention of the defaulting date or the fact that this is an agreement protected by the Consumer credit Act.

 

Had you come to us first before revving up the panic button, we would have advised you to demand they re plead their case.

 

However, what is done is done.. I am sure there will be a way of recovering this.

[help2116]

No I have never received a notice or anything else from the claimant I have never had anything from them.

 

And in response to Oleg, It is not related to Barclays or any of the other banks he mentioned.

 

Thanks as always

 

Can you confirm that you have never received a Notice of Assignment from the claimant.

 

Could you please also respond to the question asked by oleg in post # 4

[dx100uk]

have a look at your cra file

 

see below

that might give a clue

 

you need to send a cca off today record delivery to ind

 

 

The Loan Company

 

Company House,

 

Church Street,

 

Newtown,

 

Kent,

 

R1 7HG

 

 

 

Dear Sir/Madam

 

 

 

Re:- Account/Reference Number 4563210025897412

 

I do not acknowledge any debt with your Company or Associates

 

This letter is a formal request pursuant to s.77/78 of the Consumer Credit Act 1974. I require you to provide me with a true copy of the credit agreement relating to the above account, together with any other documentation the Act requires you to provide, including a detailed statement of the account.

 

 

 

I expect you to comply fully and properly with this request, within the statutory time limit. You are reminded that should you fail to comply with my request, the provisions of s.77 will apply.

 

 

 

If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties.

 

 

 

Your attention is drawn to ss.5(2), 3(b),6 and 7 of the Consumer Protection From Unfair Trading Regulations 2008 (CPUTR).

 

 

 

I enclose a postal order in the sum of £1.00, which is the statutory fee. Note that these funds are not to be used for any other purpose.

 

 

 

If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee.

 

 

 

We look forward to hearing from you.

 

 

 

Yours faithfully

 

Mr A N Other

..................

 

you should see on your cra ind marked as the owner of the debt they are chasing.

 

if it shows who the original creditor was

 

get an SAR off to them RD too today

 

this phase is an information gathering one.

 

dx

[citizenB]

Thanks for coming back to me, now I feel worse than I did before but as I have never experienced anything like this before I guess I panicked...I agree I wish I had of found this particular forum first of all, there is an awful lot of information out there and when you feel like the clock is ticking you do panic.

 

Yes, it was submitted online.

 

No need to feel bad.. Send off the CCA request as advised by dx and your thread has been flagged for others to look in on you.

 

What will happen now, is that the Claimant has 28 days in which to advise the court if they wish to proceed. TBH, the fact that you have said that you have absolutely no knowledge of either the debt, the company claiming or the Bank they are representing, might well make them reconsider their actions.

 

So, dial back on the panic for a while

[help2116]

Well, letter sent so I guess all I can do is wait & see what happens.

 

Thank you again for all your comments & assistance so far and will let you know what happens next!

 

No need to feel bad.. Send off the CCA request as advised by dx and your thread has been flagged for others to look in on you.

 

What will happen now, is that the Claimant has 28 days in which to advise the court if they wish to proceed. TBH, the fact that you have said that you have absolutely no knowledge of either the debt, the company claiming or the Bank they are representing, might well make them reconsider their actions.

 

So, dial back on the panic for a while

[citizenB]

If, and only if, they wish to proceed - you will have the opportunity to submit a witness statement. But until you hear further, there really is no point in stressing yourself into bad health.