recieved a CCA letter Helpppp

[Billybob1]

Hi all recently found your web site. Problem? Any advice would be greatly appreciated I received a Claim from North Hampton last weekend I responded to the court as per the form which as far as I know gives me a further 14 days. I then sent a letter to the company requesting further information, however this was by normal mail so have no proof of sending. Having read you threads. I should have done this by registered mail. It is my intention to use "Stickys" format to send a recorded letter, however if I now do this, they can say the allotted time was out of the 12 day as I have only 10 days left to put in my defence. Advice please as I need to send the letter today to prevent any further delay. Thanks

Regard

[Amethyst]

Re: recieved a CCA letter Helpppp

Hiya

It isn't imperative you send by registered post but if you are concerned send another letter

Could you give us some dates please - what's the issue date on the claim form?

Who is the Claimant & Solicitors? Whats the original debt and how much approx is the claim for?

[Billybob1]

Re: recieved a CCA letter Helpppp

Hi thanks for your reply. The letter is dated the 7th Aug, I received it on the 15th, I contacted the CCBC who told me the recorded date would be the 12th (+5) I immediately responded to the court Via email. I then sent a letter on the 18th ( this was just a standard letter requesting all information regarding their right to their claim. Having found your site and read you threads I now have some serious concerns. from my calculation I until the 8th of Sept to file my defence this again by my calculations put me well out of time and gives them a reason to claim I did not give them enough time to respond?

[Billybob1]

Re: recieved a CCA letter Helpppp

Sorry. The Solicitor I Drysdenfairfax the company is Arrow. The sum is just under K6 Original debt unknown

[Amethyst]

Re: recieved a CCA letter Helpppp

Okay

Did you go online at Moneyclaimonline and acknowledge the claim, or complete the acknowledge on the form and post it back - just want to check you did acknowledge the claim as you've only mentioned emailing the court. If you aren't sure it might be wise to ring CCBC again just to check they have the claim marked as acknowledged.

My calcs make the defence return date 9th Sept so that's okay.

So on the 18th August you posted by first class post a letter to the claimant asking for more information regarding the claim. Any chance you can post that letter up?

Have you sent a CCA request ? (I'm guessing where this 12 days issue has come from?)

Can you hazard any guesses at what the debt is for ? £6k sounds a bit big to be a phone contract or overdraft so probably a credit card, loan or store card.

The 18th is fine to have sent a letter asking for more information on the claim, you didn't received the claim until the 15th after all. They should have had all the documents in order before bringing the claim and presumably your letter gave them either 7 or 14 days to respond.

Even if you hadn't written to them you could still defend on the basis that you don't know what the debt is and they have given you no information.

Could you do me a favour and type out the particulars of claim from the front of the form too please

[Billybob1]

Re: recieved a CCA letter Helpppp

HI Ans:- 1) I went on money line and acknowledge claim.
2)I fully dispute the claim received on the 15th August 2014. On receipt I contacted the court to ascertain its validity and was quite distressed to learn that it was as I have no knowledge of your company or the Solicitors that you have engaged to file this action. It is either a way of extorting money through intimidation or vexatious. Either way it has caused me and my family undue distress and anxiety and will continue to do so until it is resolved. I write requesting any and all information, contracts, letters, transmissions, communication in any and all forms, Itemised statements of all charges which make up the total balance being claimed, signed bills, contracts/agreements, all charges and goods containing the words ‘Bill’ ‘Value’ Agreement on the face of it. In accordance with the Bill of Exchange Act 1882, copies of any bi-lateral contracts which exist between me and: Arrow Global and HBOS. Between themselves and any and all third parties as well all documentations that gives them the right to pursue this claim that they have in their possession regarding this matter. I would appreciate a response with 7 days I enclose a cheque for the sum of £1.
I compiled from various bits on net.
4) That is what I need to send today and if I did what would be the ramifications. How do I stand with registering my defence if the company does not send the requested information.
5)By virtue of a sale agreement between ---- and the claimant, the claim vested in the claimant who has a genuine commercial interest. The defendant has been notified of this assignment by letter. Until this I have not had any communication from either parties.
I hope this helps Not too sure of who might be seeing this so a bit cryptic.

[Amethyst]

Re: recieved a CCA letter Helpppp

Okay thanks for that...

I fully dispute the claim received on the 15th August 2014. On receipt I contacted the court to ascertain its validity and was quite distressed to learn that it was as I have no knowledge of your company or the Solicitors that you have engaged to file this action. It is either a way of extorting money through intimidation or vexatious. Either way it has caused me and my family undue distress and anxiety and will continue to do so until it is resolved. I write requesting any and all information, contracts, letters, transmissions, communication in any and all forms, Itemised statements of all charges which make up the total balance being claimed, signed bills, contracts/agreements, all charges and goods containing the words ‘Bill’ ‘Value’ Agreement on the face of it. In accordance with the Bill of Exchange Act 1882, copies of any bi-lateral contracts which exist between me and: Arrow Global and HBOS. Between themselves and any and all third parties as well all documentations that gives them the right to pursue this claim that they have in their possession regarding this matter. I would appreciate a response with 7 days I enclose a cheque for the sum of £1.

Hopefully they didn't receive it. (sorry) I'm not sure what the £1 was for as you haven't mentioned the consumer credit act at all. And you've been on GOODF. Anywayyyyyyyyy no matter lets start over; you're okay time wise.


So this is the POC on the claim form?

By virtue of a sale agreement between ---- and the claimant, the claim vested in the claimant who has a genuine commercial interest. The defendant has been notified of this assignment by letter.

Drydens/Arrow..... Are you sure that's all that is in the claim ? makes life a little difficult.

Anyway MOST IMPORTANT for you to do is send

this letter TO ARROW (not Drydens as they are the solicitor, it must go to Arrow who are the claimant and thus creditor) - enclose your £1 postal order or cheque.

Your name
Your address
Your address
Your Postcode

DATE

Creditor Name
Creditor Address
Creditor Address
Creditor Postcode



Dear Sir/Madam

Re:− YOUR FULL NAME AND ADDRESS
HBOS

With reference to the agreement in the above mentioned court claim, we would be grateful if you would send us a copy of this credit agreement and/or any credit agreement that has been assigned to you by HBOS.

We understand that under the Consumer Credit Act 1974 (Sections 77−79), we are entitled to receive a legible copy of our credit agreement on request. We enclose a payment of £1.00 which represents the fee payable under the Consumer Credit Act.

We understand a copy of our credit agreement should be supplied within 12 working days.

We look forward to hearing from you.

Yours faithfully




NAME

And send this letter to Drydens

Your name
Your address
Your postcode

Date

Claimants name
Claimants address
Claimants postcode


Dear Sirs,

Claim Number: XXXXXX

Request for documents mentioned in a statement of case under CPR 31.14

On xx/xx/xxxx I received a County Court claim from yourselves of which I have acknowledged receipt indicating my intention to defend in full. I am currently unaware of what the court claim relates to, other than it appears to be from HBOS, and have had no correspondence from your clients prior to receipt of the N1 form. Therefore I am requesting further information from you to assist me in assessing my position fully before responding to the Courts.

To enable me to file my defence and/or counterclaim, I require inspection of documents you mention in your statement of case ahead of filing my defence on XX XXXX 201X.

1. Sale Agreement
2. Notification of Assignment Letter

In accordance with CPR 31.15(c) I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.

You should note that this claim has not yet been allocated to a specific track and the provisions of CPR 27(2) are of no effect.

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

If you require more time in which to comply with this request you must tell me in writing and confirm your agreement to an extension of the time allowed for me 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



YOUR NAME

[Billybob1]

Re: recieved a CCA letter Helpppp

Hi Thanks for the reply. This letter was cobbled together as I didn't know what else to do from bits of knowledge gleaned from various sources and knowing there was a time limit felt I need to do soething Thanks for the templates. Just had time to get to post Office. Will keep you updated on progress. Thanks

[Billybob1]

Re: recieved a CCA letter Helpppp

Hi all I'm back As the saying goes when the cyclone comes????. I seems everything is coming from all sides at the moment. Will post the others on the relevant threads. No doubt the regular experts will respond. MY apologies for appearing an idiot needing to be spoon fed and in caseI forget thanks for all the help. I'm not very good with all this, I'm more a spanner and hammer man, give me an engine or some timber. Enough rambling. I sent the letters with the help of Amethyst. As expected I have not had a response from the two companies. As the time is running short and with the other legal issues I would Like to get ahead of something. Can you advise on the next step. 1) do I now need to send my defence to the court? Or? If there is template it would be appreciated. On another point, does anyone know a good free Lawyer or law society.

[Kati]

Re: recieved a CCA letter Helpppp

I'm not very good at CCA appeals etc ... but you might find free legal help/advice here: http://www.nationalprobonocentre.org.uk

[Billybob1]

Re: recieved a CCA letter Helpppp

Hi Kati Thanks. I sent an email. Awaiting reply.

[Billybob1]

Re: recieved a CCA letter Helpppp

Hi Amethyst thanks sent the letters off as per previous email. As the time is running short and with the other legal issues I would Like to get ahead of something. Can you advise on my next step. 1) do I now need to send my defence to the court? Or? If there is template it would be appreciated.

[Amethyst]

Re: recieved a CCA letter Helpppp

Hiya

Can you log on to MoneyClaimOnline using the details on the front of the claim form and tell me what the status of the claim shows as. If you can't see anything there give Northampton CCBC a call and check with them.

Thanks

Sharon

[Amethyst]

Re: recieved a CCA letter Helpppp

Just making a start on a DEFENCE - need to know more about your history with HBOS and what this claim could be for.


-----------------------------------------------------------------------------------------------
1: I received the claim [Claim Number] from the Northampton County Court Business Centre on [Date you received the claim]

2: This claim appears to be for a financial agreement regulated under the Consumer Credit Act 1974.

3: The Defendant is unable to admit or deny the claim at this stage as the Statement of Case submitted by the Claimants is extremely vague and only gives the Original Creditors name as HBOS. The Defendant is unaware of any debt outstanding to HBOS. The Defendant may have had financial products with HBOS and its associated companies in the past however the detail in this claim is so vague it would be pure guesswork to try and defend or admit any allegation of indebtedness.

4: I request the court orders the Claimants to provide the necessary documentation in order for me to fully plead my case else the Claim should stand struck out. In the event that the relevant documents are received from the Claimants the Defendant will then be in a position to amend his defence, and would ask that the Claimants bear the costs of the amendment.

5: The Defendant has written to the Claimants to ask for more information so he may be able to properly plead in defence as follows;

5a) On the [Date] I sent a request for inspection of documents mentioned in the claimants statement of case under Civil Procedure Rule 31.14 to Drydens Solicitors, being the Sale Agreement and the Notice of Assignment.

5b). Drydens Solicitors has not sent any of these documents to me.

5c). On the [Date] I sent a formal request for a copy of the original agreement to Arrow Global pursuant to sections 77/78/79 of the Consumer Credit Act 1974 along with the statutory £1 fee.

5d). The Claimant has failed to comply with the Defendants formal request under the Consumer Credit Act 1974 and therefore cannot enforce the agreement.

6. The Claimants statement of case states that the Claimant notified the Defendant of assignment of the alleged debt by letter. The Defendant does not recall receiving any notice of this assignment, or any other communication from the Claimant prior to receipt of the claim form in this case.

7: Under Civil Procedure Rule 16.5 (4) Where the claim includes a money claim, a defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation. Therefore It is expected that the Claimant be required to prove the allegation that the money is owed as claimed.



Statement of Truth

The Defendant believes that the facts stated in this Defence are true.



Signed …………………………………………

Dated .................................................. ....

[Billybob1]

Re: recieved a CCA letter Helpppp

Hi Amethyst
Thanks again you have come up trumps. I don't want to appear fawning and apologise for needing to be spoon fed however with your help and that of the other members, I am beginning to feel more at ease than I have done since this all started. A further question, does this need to go immediately by mail or do I need to fill in form N9B and put into the (3.) Defence : part of the form? I will make further enquiries re your question and respond via personal mail if you are ok with this. As I previously stated I wary about putting personal information on public forum.