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**CLAIM DISMISSED ** CCJ for old debt - have no idea what to do - court claim

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  • **CLAIM DISMISSED ** CCJ for old debt - have no idea what to do - court claim

    Hi All:beagle2222:

    hope you dont mind I have moved my thread to this forum as I was in general debt.

    By way of background I have received a ccj claim form from capquest for an HBOS credit card for the sum £9k. The original cc was taken out in 1997/8. I got into a mess in 2006 and entered a DMP at the time the debt was at about 12k but this included PPI and charges ( i didnt claim) they failed to default me for 3 1/2 years and continued to add charges and interest. I stopped paying the DMP in 2011/12. I got the odd threatogram but chose to ignore (stupid yes)

    the particulars of the claim are:

    the claim is for the sum of £9k in respect of monies owing by the defendent on a credit agreement held by the defendent with
    lloyds banking group
    under account number XXXXX upon which the defendant failed to maintain payments

    a default notice was served upon the defendant and not complied with

    by virtue of sale agreement between lloyds banking group and yje claimant, the claim vested in the claimant who has genuine commercial interest. the defendant has been notified of the assignment by letter

    any way your help has been invaluable - thank you flaming parrot so far but would just like some futher advice if I am not pushing my luck

    *Update and questions*
    just an update of where i am:

    • [*=center]AOS done.
      [*=center]CCA sent to capquest and copy sent to DF solicitors
      [*=center]CPR 31.14 and section 18 sent to DF and copy sent to Capquest
    • SAR sent to HBOS


    all sent recorded all received have printed out confirmation and filed with letters (sent each one separately so they cant deny receipt )

    I would be grateful if you could help with a couple of queries:
    1) Timings: CCJ claim was issued on 18th Feb therefore i make the latest date for response 22nd March (28+5 = 33 days from date of claim) is that correct?

    2) "chasing the CPR 31.14. I sent the letter on 24th it was signed for on 26th - do i count 7 days from postage or receipt? I am assuming i chase the solicitors in the first instance though i suspect they will have just forwarded it to capquest

    3) requesting extensions I am assuming that i request the extension to defend my case from 14 days of the section 18 and CCA being sent? (again is that the date of sending or receipt) as i know this can take time - or do i not bother chasing at all and file defence?

    4) My defence I very much doubt they will have the signed credit agreement as this was issued in 1997 or 8 - i understand that they can in these instances send an unsigned reconstructed copy am i right that even if the CCJ goes through they can not enforce without this ? i.e they cant make me pay

    I want to get my defence up and running this weekend so I have time to prepare adequately. I am preparing on the basis that they will not have the paper work to prove the debt and how it has been calculated . I understand that i must refer to the key points of law so am proposing to draft as follows (will put into legalese over the weekend but just want to make sure I am on the right line)

    1) That the particulars of the claim are vague and do not allow me to file a proper defence

    2) i cant defend the contract as one has not been supplied despite being requested on XXX I have asked them for it and given adequate time but they have not complied as per CPR 31.14
    4) the claiment has not stated when the contract started or how the sums have owed have been calculated
    5) the claiment has not supplied documents reasonably claimed for and has yet to show proof of
    a) that a credit agreement was entered into with capquest
    b) how the sum owed is calculated
    c) that they have been assigned the debt

    does that sound right

    thanks again for all your help - I am so very grateful
    Last edited by lowlowlola; Yesterday at 14:31:PM. Reason: factual updates
    Last edited by lowlowlola; 9th March 2014, 11:52:AM.
    Tags: None

  • #2
    Re: CCJ for old debt - have no idea what to do - moved to this forum

    Hi :beagle:

    sorry to bother you all again but i am starting to get very worried as i am unclear what to do

    my CPR 31.14 request is now 6 days over the due date for response, i have heard nothing from the solicitors or CAPquest.

    Do I now contact them and request an extra 28days, I dont want to appear unreasonable but equally i dont want to allow them additional time. I have no idea how they have come to the sums owed, looking back at my records I have paid back the orginal default amount but this looks at face value that it is made up of interest, PPI and charges therefore I need the documents to defend my claim.

    could you please advise me of my options

    I am so sorry to ask again

    LLL

    Comment


    • #3
      Re: CCJ for old debt - have no idea what to do - moved to this forum

      I wonder if you can help again


      Despite chasing by letter and email drysden fairfax and capquest have failed to comply with my CPR 31.14, section 18 and CCA Request . I have not even received an acknowledgement .


      I want to defend on proof as they are unable to supply the documents would you advise that I continue to chase them for an extension or submit an N244.


      I have until 22nd to submit a defence


      Many thanks

      Comment


      • #4
        Re: CCJ for old debt - have no idea what to do - moved to this forum

        Hi lowlowla,

        I am so sorry we have completely missed your thread but you sound like you are on top of things. It is good they haven't replied to the cca request, if the account is from the 90's then it is unlikely the will be able to supply a compliant agreement.

        possibly you have radio silence as they hope you wont know what to do with no replies, so I would get your application in to the court now for disclosure of the information you requested under cpr 31.14 - have a read of this link

        http://www.legalbeagles.info/forums/...ic-information

        its absolutely fine to send me a private message to nudge me if you don't get a reply in a couple hours xx
        #staysafestayhome

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

        Received a Court Claim? Read >>>>> First Steps

        Comment


        • #5
          Re: CCJ for old debt - have no idea what to do - moved to this forum

          Thank you so much amethyst for your reply . It is very much appreciated.

          Do I go for the hearing or no hearing option ?

          Comment


          • #6
            Re: CCJ for old debt - have no idea what to do - moved to this forum

            with a hearing is recommended, particularly as you are just getting nothing back from the claimants
            #staysafestayhome

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

            Received a Court Claim? Read >>>>> First Steps

            Comment


            • #7
              Re: CCJ for old debt - have no idea what to do - court claim

              Hi:tongue2:

              low and behold i received a letter from DF on Saturday stating that the have are liaising with the assignor of the debt to get the information and cant at present comply. They state that they expect to have the information from lloyds by 25 April but cant guarantee that they will have a response by that date

              they end with this paragraph:
              "we would assure you that our file is currently on hold and that we will not proceed to request judgement against you until you have been allowed no fewer than 14 days to review our replies and to file your response to the claim accordingly"

              Could i trouble you for more advice as i have a feeling that this is utterly disingenuous:

              1) my understanding is that a defence to the claim can only be extended by 28 days - what do i now tell the court? Do i simply tell them that DF have put the file on hold and send them a copy of the letter? I dont want a judgement by default to be entered. My last date to submit is 22nd March (this could be their cunning plan)

              2) OR do i risk go ahead and enter the defence anyway or will this look like i am not being reasonable? my understanding is that they should not begin proceedings with out the necessary paperwork being in place. it clearly states in their LBA that " we will, if necessary, show the court copies of your credit agreement and statements to prove our claim"

              3) it is highly probable that they wont have the signed credit agreement as this was taken out in 1997/8 - without this am i right that even if a judgement is eventually entered it cant be enforced?

              i havent submitted the N244 as i am assuming that this letter now supersedes this.

              thank you as always

              LLL

              Comment


              • #8
                Re: CCJ for old debt - have no idea what to do - court claim

                I would email the court with a copy of their email to confirm that both parties have agreed and extension to the time for filing your defence under CPR 15.5. If you put the date as 28days from 22nd March then confirm that back to DF, if they fail to comply by that time enter your N244 application. That way YOU are in control of timescales and they can't leave this just lingering for ever.

                I'd add in to your N244 the bit you mention about their LBA saying they have the agreement etc too.


                With regards a judgment, unless you set it aside, if a judgment was entered then it is the judgment that is enforced, not the credit agreement. But you won't have to worry about that.
                #staysafestayhome

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

                Received a Court Claim? Read >>>>> First Steps

                Comment


                • #9
                  Re: CCJ for old debt - have no idea what to do - court claim

                  Ask for an extension as you appear to know. You get it you tell the court. You don't you apply for an unless order.

                  Do not go beyond the last 10/11 days for filing you defence after the extension. An unless order should be sought as you get down to this time.

                  M1

                  Comment


                  • #10
                    Re: CCJ for old debt - have no idea what to do - court claim

                    Thanks for taking time out of your sunday to reply
                    so just to be 100% sure i have read your posts correctly

                    step 1) email Northampton bulk claim centre and state both parties have agreed to an extension ( 22nd march + 28 days = 18th April) and attach letter from DF to prove it. follow up with hard copy.

                    step 2) write to DF stating we have agreed an extension, my defence is now due on 18th April therefore i need documents no later than 6th April to prepare my defence ( or do i not bother giving them a final date for docs?)

                    step 3) ensure i submit an N244 no later than 8/9th April

                    Step 4) prepare defence and submit no later than 8th April

                    have i got that right? Sorry for asking just want to be 100% sure and it may help others reading this.

                    thanks again

                    Comment


                    • #11
                      Re: CCJ for old debt - have no idea what to do - court claim

                      Step 4 - do not do this if you do step 3.

                      Step 2 - no dates just contact them every couple of days to check for when they'll comply and confirm each call with an email which is handy as evidence for step 3.

                      M1

                      Comment


                      • #12
                        Re: CCJ for old debt - have no idea what to do - court claim

                        Brilliant - thank you

                        just one last thing in their letter they have said that they will get the docs by 25th april but cant guarantee it, i am right that i only have a further 28 days to defend the claim arent i? i dont want their letter to be used against me .

                        thanks again for taking time on such a sunny day to help me

                        Comment


                        • #13
                          Re: CCJ for old debt - have no idea what to do - court claim

                          There is no extension allowed for in the rules for them to disclose as per rule 31.15

                          http://www.justice.gov.uk/courts/pro...s/part31#31.15

                          The extension allowed under cpr 15.5 is for you to file a defence. They have failed in their cpr duties and despite being very late they still haven't complied. You have no choice other than to ignore the rules which could bite you so it makes sense to use the rules to help you.

                          Keep the letter though as it could bite them.

                          M1

                          Comment


                          • #14
                            Re: CCJ for old debt - have no idea what to do - court claim

                            Sorry - this is a really stupid question

                            do i have to ask DF for an extension despite them sending a letter saying the file is on hold or will their letter suffice for the purposes of CPR 15.5?

                            sorry - i just want to be 100% clear - thank you for your patience with me !

                            Comment


                            • #15
                              Re: CCJ for old debt - have no idea what to do - court claim

                              I would as that really doesn't cut the mustard. Get a date if you can.

                              M1

                              Comment

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