Court Claim - No response pack?

[ajk1211]

I received a claim form at the end of July for a hearing in Mid September. It is in relation to a short period of arrears on my car finance agreement and have paid 25% of the balance they are claiming and also keep up with my monthly contratual payments

Strangely i have never received the response pack for this, is this normal?

[charitynjw]

Re: Court Claim - No response pack?

Hi ajk1211,

What type of agreement do you have?

Are you now up to date with your payments?

Did you contact the court re no response pack?

[ajk1211]

Re: Court Claim - No response pack?

Thanks for your prompt reply,

It was a HP agreement for my car over 60 months (i know!)

Missed a few payments due to shortage of income, informed the creditor and offered repayment plan. Sent them 2 months of payments at the beginning of August but not completely upto date unfortunately. I have issued a complaint regarding the creditors use of a 3rd party agency to the ICO and Omsbudsman and also plan on trying to reclaim charges for missed payments etc

Nothing from the court

[FlamingParrot]

Re: Court Claim - No response pack?

Thanks for your prompt reply,

It was a HP agreement for my car over 60 months (i know!)

Missed a few payments due to shortage of income, informed the creditor and offered repayment plan. Sent them 2 months of payments at the beginning of August but not completely upto date unfortunately. I have issued a complaint regarding the creditors use of a 3rd party agency to the ICO and Omsbudsman and also plan on trying to reclaim charges for missed payments etc

What is your complaint about? Are you referring to the finance company using the services of a DCA to collect the missed payments? :noidea: Because they have the right to do so. They also have the right to charge you for missing payments. :sad:

TNothing from the court

Are you intending to defend? On what basis? Unless you have a good argument, you may be better off contacting the creditor to reach an agreement and get them to discontinue the claim.

[ajk1211]

Re: Court Claim - No response pack?

Thanks for your reply,

The complaint is based on the creditor instructing a DCA to attend my property to "recover the vehicle" when they had no legal right to do so (i have paid over half the agreement) and the DCA leaving uneveloped calling card from P&A Receivables - Asset Recovery Division and quoting my car details. This i felt constituted breaches of data espicially as said calling card was picked up by my live-in landlord and housemate before i returned home from work!

I appreciate that this is not directly related to the arrears but regarding your point of trying to work with the creditor, i sent them 5 letters reaffirming my wish to offer an increased monthly payment and have reiterated this to the solicitor who has brought the claim (no response so far!)

So yes i intend to try and resovle this before court but failing that i will have to part admit the claim i guess, but severly do not want a CCJ or to lose my car otherwise it affects my employment

[FlamingParrot]

Re: Court Claim - No response pack?

So yes i intend to try and resovle this before court but failing that i will have to part admit the claim i guess, but severly do not want a CCJ or to lose my car otherwise it affects my employment

You do realise that if you part admit a claim, you stand to get a CCJ for the part you admit, don't you? :confused2:

There are other alternatives to a CCJ, such as a Tomlin order.

[ajk1211]

Re: Court Claim - No response pack?

You do realise that if you part admit a claim, you stand to get a CCJ for the part you admit, don't you? :confused2:

There are other alternatives to a CCJ, such as a Tomlin order.

Indeed I have read about that and have to say I am gutted about the prospect of a CCJ, my own fault I guess Just frustrating as I really have tried to resolve it by offering a bigger monthly repayment

Problem is that I can't defend it as never been sent the defence form...

[enquirer]

Re: Court Claim - No response pack?

The complaint is based on the creditor instructing a DCA to attend my property to "recover the vehicle" when they had no legal right to do so (i have paid over half the agreement) ...

If a third or more of the total price has been paid, the lender cannot retrieve the vehicle without a court order. Half refers to the point at which you can hand the vehicle back and walk away.

See here: http://www.debtwatchdog.com/car-repo...ticle-146.html

and the DCA leaving uneveloped calling card from P&A Receivables - Asset Recovery Division and quoting my car details. This i felt constituted breaches of data espicially as said calling card was picked up by my live-in landlord and housemate before i returned home from work!

Technically, this is a breach of DPA, but it really isn't worth pursuing. It is however a point to make in court, as it shows them to be unprofessional.

I appreciate that this is not directly related to the arrears but regarding your point of trying to work with the creditor, i sent them 5 letters reaffirming my wish to offer an increased monthly payment and have reiterated this to the solicitor who has brought the claim (no response so far!)

You have been reasonable - the other side has refused to respond to your offers of payment. Make this point in court.

So yes i intend to try and resovle this before court but failing that i will have to part admit the claim i guess, but severly do not want a CCJ or to lose my car otherwise it affects my employment

Admit nothing and defend the whole claim.

[ajk1211]

Re: Court Claim - No response pack?

Thanks Enquirer,

The half agreement was my interpretation and by rights i should have handed the vehicle back once i paid over half, but i rely on it for my job and was worried my credit rating would prohibit me from getting a new one

I know their actions have breached the DPA so have raised this concern with the ICO. I appreciate it may not amount to much and as you say, highlights their lack of proffessionalism

I am intrigued by how the "defend the whole sum" point would work as i do owe the arrears, just need longer to repay it. Completely unsure of the "format" of the hearing (also absolutely scared by the prospect!) so unsure how i can put my defence and whether the judge will even care! I just have my previous letters to refer to,..

[PlanB]

Re: Court Claim - No response pack?

I am intrigued by how the "defend the whole sum" point would work as i do owe the arrears, just need longer to repay it. Completely unsure of the "format" of the hearing (also absolutely scared by the prospect!) so unsure how i can put my defence and whether the judge will even care!

Early on in these proceedings (at the Allocation Questionnaire stage) you will be offered the opportunity to settle this claim by mediation instead of going all the way to a hearing in front of a Judge. Since you are willing to pay what you feel you owe this option could work for both parties The Claimant might be happy since they can't claim back their legal costs even if they win in court because a debt under £10k will be allocated to the Small Claims Court. In most cases mediation can be done over the phone so it's relatively stress free hone:

[ajk1211]

Re: Court Claim - No response pack?

Thanks for your reply Plan B,

The hearing is scheduled 19th September and i literally have not heard a word since initially receiving a copy of the claim. Obviously no response pack which prompted my initial post and also no further communication from the solicitor acting on behalf of the creditor (i have sent a letter by recorded delivery requesting mediation and information as to who to issue my next payment to).

Settling before court is preferable to say the least so thanks for advising of these pariculars, helps aleviate some of the stress!

[ajk1211]

Re: Court Claim - No response pack?

Just as an update, still nothing from either the court or the solicitors who filed the claim, seems very odd?

In terms of the referenced Allocation Questionaire, when is this facilitated? On the actual day of the hearing?

Just that it states that this hearing will only take 15 minutes