Court summons recieved - please help!

[maud26]

Hi

I recieved a county court summons (thru MCOL) from Golds solicitors, on saturday. Basically i have been a paying a 'littlewoods' catalogue debt off at £25 per month for the past 3 years, never missed a payment. In January my debit card was used fraudulently and i have never used the account since, this was also the accoutn which the payment was taken from. I have been paying this debt for so long and never recieved so much as a up to date statement of what i owed and when they were no longer able to take the payments i assumed that they would write to me with this info. Wrong! First i hear is a letter threatening action. to which i relpy and re-instate the offer of £25 per month. Next i recieve the summons! Plus £20 court costs and £50 court fees. The total exc costs is only £115! I am really upset because i feel its so unfair! Is there anything i can do?

Thanks

Maudy!

[tomterm8]

You should post here: http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/

[CAGisforME]

I would suggest sending a CCA request to Littlewoods. I gather from other similar threads on the debt forum that there is a fair chance they will not have a properly executed Credit Agreement and therefore the Agreement is unenforceable.

 

The debt forum really is the best place for this query.

 

[BankFodder]

Is any of the money which you have repaid comprised of penalty charges?

 

Lots of banks, and other companies stop sending out statements in these kinds of situations.

I think that it is totally unreasonable and is arguably a breach of contract. I think that they have a clear duty to let you know your debt position on a regular basis.

[yaffsimone1]

Is it a court summons or are they applying for a CCJ. I would CCA Littlewoods ASAP and also file a defence to the court saying you are waiting for littlewoods to supply you with the signed copy of your credit agreement. I very much doubt Littlewoods will be able to supply you with a copy of the signed credit agreement because i very much doubt you signed one in the first place.

 

Have the court papers been signed and stamped by the court?

 

It has been known for creditors to fill out claim forms and send them off to debtors without issuing them through the court first, scare tactics usually make people pay up!

 

And without the credit agreement the debt is unenforcable anyway, i know it does not stop them from trying though!

[maud26]

Hi all,

Thank you for all your advice - excellent as always.

On looking at the court doc's its a print out - from MCOL i think. The POL read as follows:

1. The plaintiff agreed to sell and the defendant agreed to buy goods displayed in the plaintiffs catalogue.

2. the defendant defaulted in paying the price of the goods to the plaintiff.

3. the amount claimed is still outstanding

4. and the plaintiff claims the sum of £115.96

Its also states i can respond online by quoting the password etc so it must be from MCOL.

Have you any idea how i can word my response?

Also thank you for posting my thread in the correct place

Huge thanks once again

Diane

[maud26]

Hi again,

Also what does CCA stand for?

Thanks

Diane

[yaffsimone1]

CCA stands for Consumer Credit Act. Bascially for everyone thats obtains credit they must sign an agreement compiled under the Consumer Credit Act 1974. Without this agreeement the debt in unenforcable. How long have you got to reply because i would request a 'true' signed copy of your agreement from Littlewoods and send it off recorded delivery today. You can find a template letter on this site. (I will have a look for it in a mo) by requesting this information from Littlewoods you can file a defence to the court saying you are waiting for Littlewoods to respond to your CCA request, again without this the debt cannot be enforced. Chances are Littlewoods dont have this 'agreement' because generally they dont send one out to sign, do you remember signing anything?

[maud26]

Hi

No its so long ago i cant recall signing anything!! I'd be grateful for a template if you can find one, i cant seem to locate them!

Thank you

Diane

[yaffsimone1]

No i cant find them either, i have a copy saved but you are not allowed to copy and paste it into a thread. I will PM it over to you. I have CCA'd Littlewoods knowing they dont send agreements they sent me some excuse of an agreement that didnt even relate to me! I will look up the thread.

[yaffsimone1]

I have just sent it to you. You must put 'I do not acknowledge any debt to your company' that is the important bit. Dont send a cheque or sign the letter because they will then have your signature! send a postal order. Go recorded delivery and get receipts. Its important to get this off before your time runs out for responding to the claim. Untill they issue the 'agreement' they cannot pursue the claim any further, sometimes creditors choose to wait and produce the agreement in court. I dont think this will happen as i doubt they have one!

[yaffsimone1]

This is a thread i added to regarding my Littlewoods 'agreement'

 

littlewoods catalogue- is this covered by the CCA 1974?

[maud26]

Hi

thank you so so much for all your help. I was devastated to say the least when i recieved the court doc's but you have given me hope!!

Off to write letter now.

Huge thanks again

Diane.

P.s. another thing i've just noticed is the solicitors costs they have added onto the amount claimed! do you think that may be to worry me?

[maud26]

Also the claimant details are -

International collectiosn group

c/o littlewoods finance company

balcarres road

preston

pr2 2aa

and the address for sending documents/payments is

gold solicitors

block 3 birchwood office park

crab lane

fearnhead

warrington

wa2 0xs

Who do i send the CCA request to?

Thanks

Diane

[yaffsimone1]

The whole claim is to scare you. Sadly the majority of the time these claims do scare people into paying.

 

I would also put in the letter to Littlewoods that it may be advisable they withdraw thier claim untill such time thay they supply the requested credit agreement, you could also add this little quote:-

 

The commencement of legal proceedings under such circumstances could be counter to the ‘Overriding Objectives’ of the new Civil Procedure Rules. You will be aware that the Overriding Objectives underpin everything the court does. Moreover, paragraph 4 of the Protocols Practice Direction states that in cases not covered by an approved pre−action protocol, the court will expect the parties “to act reasonably…….. In trying to avoid the necessity for the start of proceedings”.

[yaffsimone1]

Also the claimant details are -

International collectiosn group

c/o littlewoods finance company

balcarres road

preston

pr2 2aa

and the address for sending documents/payments is

gold solicitors

block 3 birchwood office park

crab lane

fearnhead

warrington

wa2 0xs

Who do i send the CCA request to?

Thanks

 

Diane

 

I think that is a debt collection agency. Littlewoods are owned by Shop Direct Financial Services. If you dont mind spending two quid I would CCA both of them Littlewoods and International Collections and send a copy of the letter to thier solicitors.

 

The address i used for Littlewoods is:-

 

Littlewoods Finance Company Ltd

Aintree Innovation Centre

Park Lane

Netherton

Liverpool

L72 1LD

[yaffsimone1]

Oh and if they turn round and say 'sorry its too late to request a CCA because we have already put a claim in' then that's bull because they cannot enforce a debt without it!

[maud26]

Hi again,

Thanks for the info

Its so long ago i haven't even got my littlewoods account no, should i put it the one provided by Gold's?

Thanks

Diane

[yaffsimone1]

It should be on the claim form, if not even better.....they clearly dont know what they are doing. If Golds have provided one then yes i would use that.

[maud26]

I have just logged onto MCOL to respond, which do i need to select?

1. acknowledgement of service and request for 28 days to prepare defence?

2. defence form

3. admission and defence form

Thanks

Diane

[yaffsimone1]

Here are some notes for a defence, edit as need be.

 

1) The Defendant is unable to plead specifically to the allegations contained within the Particulars of claim at this time. (because of the following)

 

2) A Consumer Credit Act 1974 request has been submitted to the Claimant by the Defendant in order that it provide the agreement cited by the Claimant in its Particulars of claim, along with other such documentation as required by the provisions of section 77(1) of the Act.

 

3) The Defendant contends that the Claimant has acted without adherence to or regard for the Pre Action Protocols of the Civil Procedure Rules. (you offered the orignal figure of £25 and they have ignored it)

5) Accordingly, the Defendant requests a stay in proceedings until such time as the Claimant complies with the requests outlined in paragraph’s 2) or 3) above and is therefore able to provide the necessary documentation in order that it can plead its case in compliance with CPR 16. The Defendant reserves the right to then plead further to the Allegations contained within the Particulars of claim.[/

[yaffsimone1]

1. acknowledgement of service and request for 28 days to prepare defence?

 

This gives you 28 days to 'get it' together if they decide to proceed.

 

Remember they can withdraw this claim at any time

[maud26]

Thank you so much once again - i know i keep sayin that but i truly apprecaite your help

Diane

[maud26]

Stuck again

Should i?

 

1. intend to defend ALL of this claim?

2. intend to defend PART of this claim?

 

or

 

intend to contest jurasdiction?

 

Thanks

[yaffsimone1]

No worries we are all here to help. These creditors have been getting away with doing what they like, willy nilly, for too long.

 

Here is a post to thread by Perseus. The more info the better.

 

http://www.consumeractiongroup.co.uk/forum/general-debt/82492-cca-agreements-mark-ii-new-post.html