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Time To Start Sorting Things Out!

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  • Time To Start Sorting Things Out!

    Hi Everyone.... glad to be here and hope to get the advice I need and the experience to eventually help others out in time

    I'm not far away from my 55th birthday, divorced, two kids (living with their mother) living in a rented room in a flat. I ran up debts gambling but have been free from that for six years and am generally happy now, get on very well with my kids. For the last seven years I was out of work for the first two and then spent four years in a local job which paid a lot less than I was used to (but because I was no longer gambling, it left me with a lot more!). Last year I was fortunate enough to get a job back in the city on a significantly better salary which has allowed me to treat my kids (maybe more than I should) and get out a little bit more than I was able socially.

    In 2014 I was in court for tax owed (around 20k) , and I committed to paying so much per month and the balacnce when I was able to access my pension (25% tax free). I didn't receive the details of where to pay and eventually it turned out an earlings order was made against me, though this all went through a previous address of mine without me seeing sight of any of the paperwork till well after it was made. After I changed jobs I responded to a letter received from the court telling me they had been advised I had left my old job (in fact I received this before I had left) with my new details and didn't hear back from them. Until, that was, a year later recently when I received a letter telling them they'd been informed I had left my current job! That came as a shock, but it wasn't true. Recently they have taken my details again and suspended the earlings order on condition I pay HMRC a certain sum by the end of each month

    Now all my other debts seem to be coming back... I must confess I have been reciving letters and phone calls from a variety of different debt agencies all of which I've steadfastly ignore. However just last week I received a County Court Business Centre Claim Form details as follows...

    Received a claim? Y
    es
    Issue Date:
    26th June 2017
    Amount approx:
    7k
    Claimant:
    Arrow Global Limited
    Solicitor:
    Shoosmiths
    Original Creditor:
    HSBC
    Particulars of Claim:
    Monies due in respect of incurring an overdraft whist operating a bank account
    Is the debt Statute Barred?
    No ( I think I last used the bank account about 5 1/2 years ago)
    List any letters you have sent:
    None
    Any Other Info:
    I have recently had a Good Repute check conducted on me at work and today was called in about the results. Whilst there was no problem with the Inland Revenue CCJ as I had informed them of that at the time of joining, it transpires that I have another CCJ issued against me in January against an old address of mine. I have absolutely no information about this as it would appear everything would have been sent to an address I have not been at for over four years.

    I'd be grateful for advice as to how best to respond to the latest court document and to deal with the CCJ I have only just become aware of (issued by the same court). I am willing to start monthly payments but with the monthly contribution I am already having to make to the Inland Revenue, I do not anticipate being able to afford much significant.

    Ideally I would like to come to some arrangement that enables me to make a contribution without the CCJs (assuming I eventually clear my HMRC one by using my pension) as this would make my prospects of staying in my current job and maintaining my earnings potential. Does this sound like something a company like Arrow would contemplate? And what would have happened on the CCJ that I had no knowledge of, until I spoke to HR today?
    Tags: None

  • #2
    Re: Time To Start Sorting Things Out!

    Hi again....just wanted to bump this as I'm not sure whether I need to put the main bit into a different thread?

    The most immediate question I have is, how do I respond to the County Court Business Centre claim to fill in the details (not to contest it) if I don't know what my current outgoings are in connection with the outstanding claim I have only just found out about?

    Also, if I already have a County Court judgement against me for the HMRC which determines that I pay a certain amount of money a month to them, will this impact upon what the judgements would be in respect of timeframes to pay back the one I have just received and the one I have only just found out about?

    Thanks

    Comment


    • #3
      Re: Time To Start Sorting Things Out!

      tagging [MENTION=6]Amethyst[/MENTION] [MENTION=87380]Diana M[/MENTION]
      Debt is like any other trap, easy enough to get into, but hard enough to get out of.

      It doesn't matter where your journey begins, so long as you begin it...

      recte agens confido

      ~~~~~

      Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.

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      But please include a link to your thread so I know who you are.

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      Comment


      • #4
        Re: Time To Start Sorting Things Out!

        This latest one you can treat a bit differently to the HMRC claim you dealt with. You may well be able to defend against it. The other one too for that matter.

        First thing to do is Acknowledge the Claim - with 'Intend to Defend in Full' then Check your dates ( Issue date 26th June plus 33 days ( 28 days plus 5 for service ) to get your Defence date ( be around 26th July )

        Then we need to look at the claim and whether you can defend it, probably need to send the claimant a couple of letters requesting documents/information to evidence they are entitled to claim it from you.... and check if there are excess charges on the account.

        Is " Monies due in respect of incurring an overdraft whist operating a bank account" the WHOLE particulars of claim on the form ?

        7k does seem like quite a lot for an overdraft - do you know if you had a Loan or Credit Card with HSBC as well at the same time as the overdraft ? HSBC are buggers for sticking everything together and calling it an overdraft.


        The other one you have just found out you have a CCJ for already - does it say on your credit file or on the Registry Trust exactly who holds the judgment ? You'll need to search your old address on Registry Trust I think. What you need to do firstly is try and contact the judgment holder, or the court, to find out what the Judgment is for - if you have a court reference on there it may be best to try the court first, save alerting the Judgment holder that you are looking into it. You want a copy of the claim and the judgment so you can start investigating and consider whether to apply to set it aside or to vary the order to installments. At the moment it doesn't sound like you have any enforcement action being taken, and it's been under judgment for 6 months, but you should still try to deal with it promptly.
        Common Sense .... if in doubt, use it !

        “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

        Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

        Find Solicitors offering fixed fees on our sister site - JustBeagle.com

        Comment


        • #5
          Re: Time To Start Sorting Things Out!

          Many thanks for the response Amethyst. Frustratingly I have left the letter at work so can't get hold of it until Monday.

          My recollection is of having an overdraft of 5k which I had exceeded, but I suspect there may be around 800 of a loan remaining that has been tacked on. The actual claim is for 6.5k with fees making the difference to 7k

          One strange thing I did pick up on it was a box for the claimant's "signature" into which was typed a name "Joe Smith" or something similar. Should this not be an actual signature?

          Regarding the other claim, I only know about this because my workplace told me about it and I don't have the details. I did write to the court a couple of days ago referring to the recent case and asking them to provide details of the other claim.

          Once again many thanks for the reply. I'll put up the full context of the particulars on Monday, but my recollection is that there's not much more context to it than the line I took from the paragraph

          Comment


          • #6
            Re: Time To Start Sorting Things Out!

            Originally posted by Amethyst View Post
            Is " Monies due in respect of incurring an overdraft whist operating a bank account" the WHOLE particulars of claim on the form ?
            Full particulars are

            "1. The claimants claim is for the sum of 6531.10 being monies due from the defendant incurring an overdraft whilst operating a bank account (account no. xxxxxx) with HSBC Bank plc
            The debt was assigned to the claimant on 29/08/2014 and notice of assignment provided to the defendant, pursuant to the Law of property Act 1925
            2. Payment of the above sum has been requested, but as at the date hereof refused
            3. The claimant claims the sum of 6531.10
            4, C has complied, as far as is necessary, with the pre-action conduct practice direction
            Beneath this is an area saying "The Claimant believes that the facts stated in this claim form are true and I am duly authorised by the claimant to sign this statement" Followed by the typed name of "Jim Taylor" who is listed as the 'Claimant's Legal Representative'

            The amount claimed in full is 6,531.10 plus 410 Court Fee plus 100 Legal Representative's costs giving 7,041.10 in total
            Last edited by Sunday Morning; 10th July 2017, 12:41:PM. Reason: typo

            Comment


            • #7
              Re: Time To Start Sorting Things Out!

              Looking at the template letter to send to send the defence on, do I assume...

              1) 26th July is my Defence Date or is this something there is a formal notice given on?

              2) As per the particulars of the Claim above, there are no doucuments, agreements or contracts referred to... what should i cite as documents that I want to inspect?

              Thanks

              SM

              Comment


              • #8
                Re: Time To Start Sorting Things Out!

                33 days fom 26th June will be 29th July.
                As that is a Saturday, the first following working day will be the absolute latest for actually filing.
                CAVEAT LECTOR

                This is only my opinion - "
                Opinions are made to be changed --or how is truth to be got at?" (Byron)

                You and I do not see things as they are. We see things as we are.
                Cohen, Herb

                There is danger when a man throws his tongue into high gear before he
                gets his brain a-going.
                Phelps, C. C.

                "They couldn't hit an elephant at this distance!"
                The last words of John Sedgwick

                Comment


                • #9
                  Re: Time To Start Sorting Things Out!

                  Originally posted by Sunday Morning View Post
                  Looking at the template letter to send to send the defence on, do I assume...

                  1) 26th July is my Defence Date or is this something there is a formal notice given on?

                  2) As per the particulars of the Claim above, there are no doucuments, agreements or contracts referred to... what should i cite as documents that I want to inspect?

                  Thanks

                  SM
                  Hi...sorry to bump...but just wondering about the documents I can actally cite when using the template? Should I just put "all relevant documents"?

                  SM

                  Comment


                  • #10
                    Re: Time To Start Sorting Things Out!

                    Hi

                    With overdrafts there is usually some kind of written details; possibly a facility letter?
                    They mention assignment, so there should have been a Notice of Assignment.
                    By implication then, there will be a Deed of Assignment.
                    CAVEAT LECTOR

                    This is only my opinion - "
                    Opinions are made to be changed --or how is truth to be got at?" (Byron)

                    You and I do not see things as they are. We see things as we are.
                    Cohen, Herb

                    There is danger when a man throws his tongue into high gear before he
                    gets his brain a-going.
                    Phelps, C. C.

                    "They couldn't hit an elephant at this distance!"
                    The last words of John Sedgwick

                    Comment


                    • #11
                      Re: Time To Start Sorting Things Out!

                      Am sending this letter off today....would appreciate any comments if anyone has the time?

                      Shoosmiths LLP
                      5 The Lakes
                      Northampton NN4 7SH
                      DATE: 10 July 2017
                      Dear Sirs,
                      Claim Number: XXXX
                      Request for documents mentioned in a statement ofcase under CPR 31.14
                      On 26/06/2017 Ireceived a County Court claim from yourselves of which I have acknowledgedreceipt indicating my intention to defend in full.
                      To enable me tofile my defence and/or counterclaim, I require inspection of documents youmention in your statement of case ahead of filing my defence on 31st July 2017.
                      1. A letter offacility regarding the provision of the overdraft
                      2. A bank statement showing the extent of the overdraft as determined
                      3. The Notice of Assignment
                      4. The Deed of Assignment

                      In accordance with CPR31.15(c) I undertake tto be responsible for your reasonable copying costsincurred in complying with this CPR 31.14 request.

                      You should note that this claim has not yet been allocated to a specific trackand the provisions of CPR 27(2) are of no effect. Had your claim not beenissued through CCBC the Claimant would have been obliged to attach copies ofthe documentation upon which it relies to the Particulars of Claim. I , asDefendant, am entitled to see the documents on which the Claimant relies andwhich you will have to produce at trial. Disclosure at this stage will enableme to fully plead my case and further the Overriding Objective.

                      You should ensure compliance with your CPR 31 duties and ensure that thedocument(s) I have requested are copied to and received by me within 7 days ofreceiving this letter.

                      If you require more time in which to comply with this request you must tell mein writing and confirm your agreement to an extension of the time allowed forme to file my defence as allowed under CPR 15.5 so I may notify the court.

                      I look forward to hearing from you.

                      Yours sincerely


                      Comment


                      • #12
                        Re: Time To Start Sorting Things Out!

                        Aargh... I came on here to find the next steps regarding how to submit my defence and I have realised that I should have submitted a cheque or postal order with my letter to Shoosmiths? In addition I only sent them the letter late last week.

                        Got a feeling I've messed things up. Would be grateful for any advise anyone could offer me at this point as to how to proceed.

                        Comment


                        • #13
                          Re: Time To Start Sorting Things Out!

                          I need to submit something by tomorrow I presume. Can I do this online? I've received nothing so far from Shoosmiths Do so just mention this as my defence?

                          Comment


                          • #14
                            Re: Time To Start Sorting Things Out!

                            Example Defence


                            amend all paras to suit your case,m i.e. submitted request on xx xxx xxx for cpr31.14



                            cca request on xx xxx xxx still outstanding etc etc to suit , get it up on here minus personal details and as Ame rtc to read over for you

                            Comment


                            • #15
                              Re: Time To Start Sorting Things Out!

                              Thanks Mike. Is the defence letter equally as applicable to a claim for an overdraft as for loans and credit cards?

                              Comment

                              Announcement

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                              SHORTCUTS

                              Pre-Action Letters
                              First Steps
                              Check your dates
                              Acknowledge a Claim
                              CCA Request Letter
                              CPR 31.14 Request Letter
                              Subject Access Request Letter
                              Example Defence
                              Set Aside Application



                              If you received a court claim and would like some help and support dealing with it, please read the first steps and make a new thread in the forum with as much information as you can.


                              NOTE: If you receive a court claim note these dates in your calendar ...
                              Acknowledge Claim - within 14 days from Service

                              Defend Claim - within 28 days from Service (IF you acknowledged in time)

                              If you fail to Acknowledge the claim you may have a default judgment awarded against you, likewise, if you fail to enter your defence within 28 days from Service.





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