help, Received a claim form from Northampton county court today...

[sammyw84]

..and its dates 21st feb! so

 

i have till friday to reply,

and i dont have a clue what to do.

 

can anyone help me here,

 

please. sorry in advance if i have posted in wrong place,

 

i thought this was most appropriate.

 

i do dispute the claim

 

it is for £950, and

yes i signed the agreement for the credit for an item

but returned the item and it was accepted back by the company,

 

it was all done via post and

 

once i returned the item i never heard back from the company

till the debt collection agency got in touch and

 

i told them what im saying here but

 

it never got resolved, now

 

i havnt heard anything for about 6-8 months if not longer till i got these today.

 

im worried that by disputing it i will have to go to court?

 

can i avoid getting a ccj? im soo worried!

 

im not payin for something i dont have

 

thanks in advance

[ims21]

Hi

 

I have moved your thread to the legal forum where the guys will be along to help as soon as they are available.

 

If the issue date on the form is 21 Feb then you have until 12th March to acknowledge the claim and then a further 14 days to file a defence which takes you to 26th March so no immediate panic.

 

Can you please give the information requested here...

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.(1-Viewing)-nbsp

[sammyw84]

ok thanks, the top 2 were answered so heres the rest...

 

.. What is the claim for

– the reason they have issued the claim?

 

failing to maintain payments in accordance with the CCA

 

What is the value of the claim?

 

£950 amount claimed £60 court fee = £1010

 

Is the claim for a current or credit/loan account or mobile phone account? no

 

When did you enter into the original agreement before or after 2007? 2012

 

Has the claim been issued by the original creditor

or was the account assigned and it is the Debt purchaser

who has issued the claim. debt purchaser

 

Were you aware the account had been assigned

– did you receive a Notice of Assignment? i was aware 'oriel' collection had the debt

 

Did you receive a Default Notice from the original creditor? no, i have not received one

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ?

 

i think i may have got one not long after oriel first got in contact with me,

i have not received anything from them for a good 8 or so months

 

Why did you cease payments:-

i never began the payments,

i called the shop to cancel everything and was told they were closing

so to return the item via the post, which i did that day and have never heard off them since.

 

Was there a dispute with the original creditor that remains unresolved?

yes, they have never returned any of my calls or letters

 

Did you communicate any financial problems to the original creditor

and make any attempt to enter into a debt managementicon plan?

 

i did tell oriel of the situation,

that i had returned the item to the business as instructed

by one of their employees shortly after leaving.

[dx100uk]

might be better if you scan the claimform please:

 

follow these instructions:

 

**you can post up images/letters by this method immediately..you don't need 10 posts**

.

set your default scan page size to A4 less than 300DPI [150 will do]

scan the required letters/agreements/sheets - as a picture[jpg] file

don't forget you can use a mobile phone or a digital camera too!!

'

BUT......

ENSURE: remove all pers info inc. barcodes etc

but leave all monetary figures and dates.

.

************************* ************************* *******

{DO NOT USE A BIRO OR PEN OR USE SEE THRU TAPE OR LABELS]

************************* ************************* ***********

.

DO IT IN MSPAINT.EXE or any photo editing program

goto one of the many free online pdf converter websites ...

http://freejpgtopdf.com/

..

if you have multiple scans/pics

put them in a word doc FIRST and convert that to PDF

or http://www.freepdfconvert.com/

or

use www.pdfmerge.com

 

convert existing PC files to PDF [office has an installable print to PDF option]

..

it would be better to upload a multipage pdf if

you have many images too rather than many single pdfs

.

or if you have PDF as an installed printer drive use that

or use word and save as pdf

try and logically name your file so people know what it is.

though dont use full bank names or CAG in the title

i'e Default notice DD-mm-yyyy TSB

.

open a new msg box here

hit go advanced below the msg box

hit manage attachments below that box

hit the add files button on the top right

hit select files, navigate to your file on your pc

hit upload files

...

YOU DONT have to put a link to the attachment in the msg box..just upload it ..job done

.

dx

[dx100uk]

ah is this about that photoshoot?

 

dx

[AndyOrch]

Thread moved to General Legal Issues.

 

Regards

 

Andy

[sammyw84]

thanks for the replies, i don't have any means of scanning in the papers.

 

so i have to start writing my defense and don't have a clue where to start, what needs to be included? argh i cant even sleep for worrying!!

 

as i am denying it if they don't agree with me and say i have to pay will i still be issued with a CCJ? im so worried about getting on against me,

 

thanks again in advance

[ims21]

thanks for the replies, i don't have any means of scanning in the papers.

 

 

Digital Camera or Phone Camera?

[sammyw84]

i have a phone with a camera but not the lead to hook it up to pc

[citizenB]

If your date of issue is 21.02.2014 your timeline is as follows.

 

date of issue 21.02.2014 + 5 days for service = 26.02.2014 + 14 days to acknowledge = 12.03.2014 + 14 days to submit a defence = 26.03.2014. So you need to acknowledge the claim by the 12th but have until 26th March to submit a defence.. so I think you can lean off the panic pedal a little

[dx100uk]

is this to do with this thread:

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?355619-expensive-photoshoot-need-to-escape-told-cannot-cancel-HELP

 

dx

[sammyw84]

oh yea just re read the forms says i can reply to them online so think i will that tonight, phew!! but still worrying about what to write and if they will issue a CCJ if i defend it?

 

thanks again x

[dx100uk]

you MUST defend all

else you'll get a CCJ by default

 

dx

[sammyw84]

i am planning on acknowledging tonight online, however if the court deem it has to be paid will they also issue a CCJ?

[dx100uk]

yes but if you pay within 28days it wont get registered

HOWEVER that a very long way off

and nowhere near cut n dried.

 

is this the photo shoot debacle?

 

dx