Just recieved a County Court 'claim form'

[grandaddy]

Aged 62,redundant last summer, receiving company pension equivalent to state.Various unsecured debts totalling 50K.With a DMC paying monthly payments.

This claim is for HFC Marbles £11.+K, have not requested an S.A.R - (Subject Access Request) or CCA ,is it now too late ?

I am a houseowner, I am worried they will follow up with a charging order.

I have read here they can do this on non payment of the total amount, I have no savings.

How can I contest this?

[Bookworm]

Do you recognise the debt? Has it come out of nowhere? Have you spoken to your DMC about it, was the debt included in it? We need more bakground info here.

[grandaddy]

Yes the account is included in the DMC monthly payments.

[Bookworm]

I would suggest a chat with your DMC first then, and see what they have to say.

[grandaddy]

Thank you for your reply.

Previously the DMC have said to fill in the court form and then send the court form to them.

This would seem to leave me open to a charging order ?

[powelll]

Thank you for your reply.

Previously the DMC have said to fill in the court form and then send the court form to them.

This would seem to leave me open to a charging order ?

 

Only if the court gives a CCJ that yiou can't afford ( eg a 'forthwith CCJ saying the whole amount payable or instalmentsthat are higher than the DMP ) and you default on the CCJ ie don't pay then the creditor can apply for further enforcement eg charging order.

 

So if the court agrees that your offer based on the DMP is reasonable as long as you pay it then no problem. Even if you do get a CCJ you can't pay you can appky free of charge within 14 days for 'redetermination' to ask them to look at your circumstances again.

[powelll]

Sorry - meant ot check - are you in a free debt management plan with either CCCS or PayPlan or a you paying a fee?

[grandaddy]

I am with Debt Management | Credit Card Debt Management | Debt Management Company.

I am paying them £50 management fee per month to deal with the creditors. I have been with them since last year.

[rory32]

Can you give us details of what the court claim states.Really you need to set yourself up with one of the free DMP's which will give you an extra £50 a month.

[powelll]

Can you give us details of what the court claim states.Really you need to set yourself up with one of the free DMP's which will give you an extra £50 a month.

 

Agreed Rory - Grandaddy you can approach either PayPlan or CCCS for a FREE DMP service if you are eligible ( usually if you owe more than £5k over 3 or more credit debts and have a min. £100 surplus once you have covered essentials each month ).

 

Yoi are not legally tied to your current arrangement - below links should be useful:

 

CCCS - Free Debt Advice from the UK's Leading Debt Charity

 

Free Debt Management company | Payplan

[rory32]

This claim is for HFC Marbles £11.+K, have not requested an S.A.R - (Subject Access Request) or CCA ,is it now too late ?

 

No it's not too late, but we should really request these as part of the defence you will later rely on (it's better if you defend than pass it to the DMC to enter a defence as you have more of a vested interest in putting forward a defence that is effective and will benefit you). If the documents are requested under the CPR (Civil Procedure Rules) we can allow 14 days for them to supply them so you should get them in plenty of time to enter a defence.

 

I appreciate this is rather daunting at the moment but it is really best if you defend on your own behalf.

[grandaddy]

Thank you Rory and Powell,

 

The Claimant claims payment of the overdue balance due from the Defendant under a contract dated on or about 16/11/99in the sum of £10XXX.XX inclusive of interest to the date of this summons 14.5% per annum from 25/06/07 to 17/07/07

 

Particulars a/c no xxxxxxxxxxxxxxxxxx

 

25/06/2007 Default Balance 9XXX.XX

16/07/2007 Collection Charge 15XX.XX

Post Refrl Cr NIL

 

Together with:-

interest pursuant to contract at the rate of 4XX.XX pence per day

to the date of judgement or sooner payment.

 

Plus court fee. plus solicitor fee Total £11XXX.XX

 

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

 

Seems a hell of a collection charge.

 

I have read here of reports of Payplan 'outsourcing' customer enquiries to India? I have had this before with Vonage, and we could not understand each other, so I canceled Vonage.

 

I have also read here previously of a Judge denying any knowledge of, and speaking very disparagingly of CCCS, didn't seem to do that defendant any good. I believe they ended up with a charging order.

 

Do they all end up the same anyway ?

 

Citizens Advice frightened me stiff with their attitude, come out feeling where's the nearest high place to jump off. Don't want to go back there.

 

This lot takes me ages to type with one finger. Don't do typing otherwise.:o

[rory32]

I can only say that CCCS have an extremely good reputation on this site. I would recommend you at least get in touch with them, but first thing first we'll sort your request for information out. I'll do it tomorrow if no one beats me to it.

 

I would recommend in the mean time that you should do an acknowledgement of service. Easiest way is to do it online through MCOL or you can file it at the court. Also is it be heard at your local court? If not you can get the hearing moved to your local court.

[rory32]

Quick question, did you receive any notice of impending legal action before receiving this court claim?

[grandaddy]

Just looking now.

[grandaddy]

Fraid so, can copy to photo site for your perusal ?

[rory32]

No need to, just wanted to be sure that they had given you fair warning before commencing legal procedings.

[gizmo111]

The Claimant claims payment of the overdue balance due from the Defendant under a contract dated on or about 16/11/99in the sum of £10XXX.XX inclusive of interest to the date of this summons 14.5% per annum from 25/06/07 to 17/07/07

 

Request the original agreement - that is quite a vague sentence in their POC.

[grandaddy]

Thank you Gizmo.

Request the original agreement - that is quite a vague sentence in their POC.

 

Quote Rory " If the documents are requested under the CPR (Civil Procedure Rules)"

 

Just send off a CCA ? ,or, how to use "Civil Procedure Rules" ?

[ScarletPimpernel]

in re the 'collection charge', have a look at the OFT guidance on debt collection.

 

Charges can only be added if contractually allowed for, the amount has to be specified in the contract, the charges must represent actual and necessary costs, and must not be disproportionate. It's unlikely that the original agreement will meet these conditions, so you can either oppose their imposition in the first place, or put the claimant to 'strict proof' on each point.

[NitrousOxide]

Request the original agreement - that is quite a vague sentence in their POC.

Yeah like an account number would be a start!

[grandaddy]

How to " put the claimant to 'strict proof " ?

 

There is an account number, I just substituted X's.

 

Thank you, ScarletPimpernel, and NitrousOxide.

[NitrousOxide]

How to " put the claimant to 'strict proof " ?

 

There is an account number, I just substituted X's.

 

Thank you, ScarletPimpernel, and NitrousOxide.

Sorry I just realised there is an account number as well.

[rory32]

In the matter of

XXX vs grandaddy

Claim Number XXX

In XXX Court

Soliciters Address

DATE

YOUR ADDRESS

 

Dear X

 

RE: REQUEST FOR INFORMATION

 

I have received the Court claim filed by your Company. To enable me to file a defence and counter-claim, I require specific information regarding the account to be provided forthwith. Given that this matter is now the subject of legal proceedings, you are obliged to disclose under the Civil Procedure Rules, the information and documents detailed below. The information must be furnished by the 6th August 2007. If you fail to comply, this will be reported to the Court, a copy of this letter will be provided as evidence to the same and an Order enforcing your compliance will be sought.

 

IN RESPECT OF EACH ALLEGED DEBT CLAIMED, I REQUIRE:

 

 

1. A true copy of the executed credit agreement and any terms and conditions that applied to the account at the time of any default and at the time the account was opened.

2. All records you hold on me relevant to this case, including but not limited to:

a. A transcript of all transactions, including charges, fees, interest, repayments and payments and both the original amount of the loan and any repayments made to it the account.

b. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations by your company, or by any previous creditor

c. Where there has been any event in my account history over this period which has required manual intervention by any person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my account.

d. True copies of any deed of assignment and/or default notice with a copy of any proof of postage that you hold.

e. Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted (if applicable).

f. Details of any collection charge added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers.

g. Specific details of the fees/charges levied by any other agency in respect of this account and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.

h. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998

i. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.

j. A copy of all account statements for the duration of the agreement.

3. Any other documents you seek to rely on in court.

4. A copy of your complaints procedure, as required by the Consumer Credit Act 2006.

 

I must advise you that if the information is not forthcoming, it will be reported to the Court that you are trying to frustrate proceedings and denying me the opportunity to file a defence and counter claim.

 

Yours Sincerly,

 

 

XXX (Type, don't sign your name).

Send special delivery next day before 1pm (costs £4.30)

[tomterm8]

don't forget to send a credit agreement request, as well.

 

i would go special delivery next day - you don't need any particular time.