Need help! court claim form

[yoyo11]

Hello I am new here and need help please.

IND ltd sent me letter dated Jan 9 2012 demand payment and that if not pay by 24 jan they will take me to court I was shocked as i have not heard anything from anyone since April 2006. I received court claim form date 25 Jan 12 over the credit card loan i had with Lloyds TSB almost 6 year ago. they claimed i own 5,000 plus interest and fees etc total of £7000

I will dispute the claim but how and what the best way to do it? and here the blackground:

* Lost my job near end 2005 and got depressed cound not manage the money and I did not make any payment or contact the bank since April 2006, moved out of this address but did not tell the bank. PS i had current bank acc with them and stop using it this time but not closing it. Is there anything here i can use in defence form?

* Should i write IND for them to prove that i own money ie send me the contact/agreement sign by me

*is following true? if so how i can use this to defence myself “If you entered into a credit card agreement before April 6th 2007 and your credit card company cannot produce a signed document containing the prescribed terms, then there is an argument that they cannot enforce the agreement.”

anything else i should do? i am so scared and need help urgently - please help.

thank you

[bluebottle]

Re: Need help! court claim form

Speak to Consumer Direct on 0845 4040506 or Citizens' Advice Bureau Debt Counsellors. They're probably your best bet at the moment and they're free - apart from the cost of a phone call.

[lindalou]

Re: Need help! court claim form

[quote=yoyo11;245914]Hello I am new here and need help please.

IND ltd sent me letter dated Jan 9 2012 demand payment and that if not pay by 24 jan they will take me to court I was shocked as i have not heard anything from anyone since April 2006. I received court claim form date 25 Jan 12 over the credit card loan i had with Lloyds TSB almost 6 year ago. they claimed i own 5,224.72 plus interest and fees etc total of £7582.88

I will dispute the claim but how and what the best way to do it? and here the blackground:

* Lost my job near end 2005 and got depressed cound not manage the money and I did not make any payment or contact the bank since April 2006, moved out of this address but did not tell the bank. PS i had current bank acc with them and stop using it this time but not closing it. Is there anything here i can use in defence form?

* Should i write IND for them to prove that i own money ie send me the contact/agreement sign by me

*is following true? if so how i can use this to defence myself “If you entered into a credit card agreement before April 6th 2007 and your credit card company cannot produce a signed document containing the prescribed terms, then there is an argument that they cannot enforce the agreement.”

anything else i should do? i am so scared and need help urgently - please help.

thank you[/quot}

Hello

Firstly you say you have heard nothing from them since 2006, the question is when did you last contact them or make a payment, if this was over six years ago they will not be able to collect or enforce the agreement the debt will be statute barred. You need tp kknow when you made the last payment on the account.

Yes it is possible to challenge the enforceablitiy of a credit agreement issued before April 2007, first we need to find out exactly what it is they have sent you, is it a court form or is it a letter from a DCA.
Is it addressed from the county court and does it have number on it beging with N1.

LL

[yoyo11]

Re: Need help! court claim form

Thanks LL for your comments. I did not contact them or make any payment since April 2006 (the last payment might be around nov-dec 2005 but i am not sure) but def not after april 2006.

Yes they sent me a court claim from Northampton county court with the N1CPC

but why it take them so long to take me to court and how could they find me?

what should i do now, should i ask them to send me agreement sing by me as a proof?

thanks
yo

[lindalou]

Re: Need help! court claim form

HI
If you have not made a opayment or acknowledged the debt in the last 6 years it will be statute barred.

Imortant
Acknowledge the notice as per the paperwork and say you wish to defend otherwise they will issue default judjment against you, do this within the time given on the notice. (14 days from service)

I have no knowledge of this debt, there has been no contact with ANY alleged creditor in the last 6 years and any debt would be statute barred, the claimant is put to strict proof that this is not the case and that an agreement ever existed.


They will have to prove that you made a payment within the last six yers.
It is up to them to show that you are not statute barred not for you to prove that you are.
If they do provide proof we can look at the unenforceability options and the production of a contract

LL

[yoyo11]

Re: Need help! court claim form

The 6 yrs period would be April 2012 - do you think i still have a good chance for statute barred?
Also if the bank took money out of my current account to pay my card without me knowing it would this still count as last payment? (I stopped using lloyds current accout in april 2006 but did not closed account).

is it possible to use statute barred as well as unenforceabilities option in the same time?

should i just write defece reason in my own words or should it be in a formal law language? if so can anyone help?

should i get lawyer for this? and how much would they charge?

i am now waiting to call CBA

thanks

[lindalou]

Re: Need help! court claim form

The 6 yrs period would be April 2012 - do you think i still have a good chance for statute barred?
Also if the bank took money out of my current account to pay my card without me knowing it would this still count as last payment? (I stopped using lloyds current accout in april 2006 but did not closed account).

is it possible to use statute barred as well as unenforceabilities option in the same time?

should i just write defece reason in my own words or should it be in a formal law language? if so can anyone help?

should i get lawyer for this? and how much would they charge?

i am now waiting to call CBA

thanks

Strictly speaking the statute barr clock start to run from the cause of action.
This means when ever the creditor decided to terminate your agreement on breach, so it would mean at least the date of your last payment.

There is no reason why you cannot claim this, as said it is up to them to prove otherwise. If they can show payments made after 2006 then you move onto your lack of agreement and unenforceability defence.

I must ask at this point, are you sure you want to go down this route.

The alternative is to admit the claim and submit an offer of repayment at an amount you can afford.

THe dangers are that this is over £5000 so it will not go through small claims, which meaNs that they can charge costs , which if you lose you will have to pay.

LL

[lindalou]

Re: Need help! court claim form

Hello

Regarding the second part of your question, no i would not pay for any legal advice at this point, for professional advice you can contact one of the free agencies.
National debt line, your local CAB, CCCS, or payplan are the main ones they all have debt advisers and as i said they are free.

As far as filling in your defence you can use your own words or adapt my suggestion earlier to your needs

LL

[yoyo11]

Re: Need help! court claim form

thank you so muich for your reply

[lindalou]

Re: Need help! court claim form

Hello

OK well be sure to get that defece filed, and let us know of any developments.

LL

[yoyo11]

Re: Need help! court claim form

thanks