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Help with court summons

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  • Help with court summons

    hi i am new to the forum,I have recieved a county court summons from Link financial.I have never aknoledged any debt with these or had any dealing with and basically ignored them. The original debt was with mbna who sold it to link.
    The original amount was 10k now they have added interest its growing.The original agrement from mbna dates from 2005.I was in dispute with mbna arguing the charges and interest, and there refusal to negotiate a reduced payment plan from national debtline.I also sent a request for my aggreement and other documents to mbna before it was transferred to link.I do not have a copy of my aggreement or any documentation from mbna or link. What should I do now I have read other threads and it appears you send an acknolegement of service,a cpr to link and a sar to mbna. Any help much appreciated.
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  • #2
    Re: Help with court summons

    Hiya, Welcome to the forum xx

    Could you type up the particulars of claim on the claim form from the court, and also the date pls.

    Have you be making the reduced payments regardless of their refusal to negotiate.

    Are Link acting for MBNA or on their own behalf having the debt assigned to them ?

    Best way to handle it is to send a request for an extension to Link and a CPR 31.14 or Part 18 request for the information needed (depends on what the POC states) give them time to obtain the documents and send them to you, and gives you extra time to get a defence/admission sorted and in to the court. Lets see the POC first of all.
    #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

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    • #3
      Re: Help with court summons

      Hi thanks for your reply I may have jepordized ever thing now as I have already sent acknowlement of service.
      The particulars are opened effective 13/8/2005.default recorded 1/3/2008.deed ofassignment18/4/2008
      The issue date is 1/10/2010
      I havn,t made any payments to link.

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      • #4
        Re: Help with court summons

        Sending the acknowledgement of service is absolutly the right thing to do. Although if claim was issued 1st OCtober it would give you till 5th November max to get defence in (its 28 days from service - so issue + five days + 28 days) so you should check if you are still in time to get defence in.

        Or did you put your acknowledgement in with an admission and offer to pay or defence ?
        #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: Help with court summons

          Hi date was 1st of Novembe not October losing the plot at the time.
          have requested a CPR request to link and not submitted a defense as yet. I have had problems with computer so only working of phone.Any advice very much appreciated.

          Comment

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          SHORTCUTS


          First Steps
          Check dates
          Income/Expenditure
          Acknowledge Claim
          CCA Request
          CPR 31.14 Request
          Subject Access Request Letter
          Example Defence
          Set Aside Application
          Directions Questionnaire



          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.




          We now feature a number of specialist consumer credit debt solicitors on our sister site, JustBeagle.com
          If your case is over £10,000 or particularly complex it may be worth a chat with a solicitor, often they will be able to help on a fixed fee or CFA (no win, no fee) basis.
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