CLAIM STRUCK OUT !!!! Need help with a court claim please

[mysticphoenix666]

Hi

I have received a letter stating that MKDP are taking me to court over a debt that is almost statute barred, I had a personal loan with a bank that went into dispute over poossible unlawful action by them and resulted in me stopping my payments to them. They hassled me and harassed me for years threatening me every month with court action which never materialised.

The original debt was marked as satisfied on my credit file a long time ago and since been removed but i didn't realise it was sold on to this company.

It is now almost 6 years since i last had any contact in writing or through payment regarding this debt to the original creditor and i have never had any contact with this company and now but of the blue i have received a court letter stating that they are placing a claim against me and i have to respond with either an acceptance or a dispute for this debt.

Can anyone give me some advice on to what i can or could do, i have searched lots of forums and i am still unsure if i have any way of fighting this.

Thanks

[charitynjw]

Re: Need help with a court claim please

Hi mysticphoenix666, & welcome to Legal Beagles.

Could you post up a copy of the court claim (with your personal details & reference numbers obscured), or advise exactly the particulars of claim.

Have you acknowledged the claim?

[mysticphoenix666]

Re: Need help with a court claim please

The particulars of the claim are as follows:

The claimant claims the sum of £9,311.63 being monies due from the Defendant to XXXX Bank Plc under a loan agreement regulated by the CC Act 1974 which was assigned to the claimant on 8/12/2011. Notice of assignment has been provided to the defendant. The defendants loan account number was xxxxxx. The defendant has failed to make payments in accordance with the terms of the loan agreement. A default Notice has been served pursuant to the CC Act 1974 by xxxx Bank Plc. The claimant claims the above sum and costs. The claimant has complied, as far as is necessary, with the Pre-Action Conduct Practice Direction.

The form is signed by them with a printed signature.

According to my credit file they have been the owners of this debt since 2007 as the original creditor is no longer on my file, i don't know what a notice of assignment is so wouldn't know if i have ever had one. It is dated 29th October 2013 i received it on the 31st.

Not sure if you need any other information.

I have completed Acknowledgement of service but have contested jurisdiction.

[charitynjw]

Re: Need help with a court claim please

The short version.

Debt purchasers buy portfolios of difficult-to-recover debts, often for pence in the pound.
The original creditor will usually have the debt written off against tax.

Either the original creditor or the new 'owner' has to inform you of the sale - this is the Notice of Assignment, which is necessary as per the Law of Property Act 1925.

Was the claim via Money Claim On Line?

[mysticphoenix666]

Re: Need help with a court claim please

I will go through all my old letters as i never throw anything away just bury head in the sand and ignore, but i am pretty sure i only ever had letters from them hassling for the money not stating that they owned the debt.

If you mean did I respond with the AOS on money claim online then yes i did. should i not have done this?

[charitynjw]

Re: Need help with a court claim please

Hi,

Yes, it's fine that you have AoS'd

Your situation is very similar to http://www.legalbeagles.info/forums/...012#post384012 & I would think that the same kind of response should be made.

Have a read through, & come back to this thread with any further questions you may have.

[mysticphoenix666]

Re: Need help with a court claim please

Thanks for your response, i appreciate the help.

So i need to send a CCA with a £1 PO and a CPR request.

I will send these first thing tommorow. Can i send both of these in the same envelope?

Will let you know the response i get.

[FlamingParrot]

Re: Need help with a court claim please

According to my credit file they have been the owners of this debt since 2007 as the original creditor is no longer on my file, i don't know what a notice of assignment is so wouldn't know if i have ever had one. It is dated 29th October 2013 i received it on the 31st.

Not sure if you need any other information.

I have completed Acknowledgement of service but have contested jurisdiction.

Why are you contesting jurisdiction? :noidea:

Didn't you state your intention to defend the claim in full? That's what should have been done.

[FlamingParrot]

Re: Need help with a court claim please

Thanks for your response, i appreciate the help.

So i need to send a CCA with a £1 PO and a CPR request.

I will send these first thing tommorow. Can i send both of these in the same envelope?

Will let you know the response i get.

Normally when a claim is issued, it will be issued by a firm of solicitors acting for the claimant (the account owner) and there will be an address for correspondence supplied with the claim. The CPR request would go to the solicitors at the address supplied, by recorded delivery, and a copy sent to the debt owner. The CCA request would go directly to the account owner.

Did you ever get a letter before action from anyone? :noidea:

Please note that both the CPR and CCA requests should be sent recorded delivery, and signed digitally (using a computer font as noted here: http://www.legalbeagles.info/forums/...891#post383891) rather than using your real signature.

[FlamingParrot]

Re: Need help with a court claim please

The particulars of the claim are as follows:

The claimant claims the sum of £9,311.63 being monies due from the Defendant to XXXX Bank Plc under a loan agreement regulated by the CC Act 1974 which was assigned to the claimant on 8/12/2011. Notice of assignment has been provided to the defendant. The defendants loan account number was xxxxxx. The defendant has failed to make payments in accordance with the terms of the loan agreement. A default Notice has been served pursuant to the CC Act 1974 by xxxx Bank Plc. The claimant claims the above sum and costs. The claimant has complied, as far as is necessary, with the Pre-Action Conduct Practice Direction.

To comply with the pre-action practice direction, they should have sent a letter before action or letter of claim. Did they ever send such a letter?

The pre-action conduct practice direction states: http://www.justice.gov.uk/courts/pro...on_conduct#5.1

7. Exchanging information before starting proceedings

7.1 Before starting proceedings –
(1) the claimant should set out the details of the matter in writing by sending a letter before claim to the defendant. This letter before claim is not the start of proceedings; and
(2) the defendant should give a full written response within a reasonable period, preceded, if appropriate, by a written acknowledgment of the letter before claim.

7.4 Annex B sets out the specific information that should be provided in a debt claim by a claimant who is a business against a defendant who is an individual.

ANNEX B

Information to be provided in a debt claim where the claimant is a business and the defendant is an individual

1. Where paragraph 7.4 of the Practice Direction applies the claimant should –

(1) provide details of how the money can be paid (for example the method of payment and the address to which it can be sent);
(2) state that the defendant can contact the claimant to discuss possible repayment options, and provide the relevant contact details; and
(3) inform the defendant that free independent advice and assistance can be obtained from organisations including those listed in the table below.

[mysticphoenix666]

Re: Need help with a court claim please

I am contesting jurisdiction as i wish to attend if needed to defend my case and i don't live in northampton i did also state that i wished to defend in full

I don't remember ever seeing a letter before action but i have had lots of letters requesting payment and they all look the same, and there is no solicitors named on the claim just the company themselves.

I have sent the requests via recorded delivery but didn't sign my name just typed it on the bottom

[littlebert8]

Re: Need help with a court claim please

I am contesting jurisdiction as i wish to attend if needed to defend my case and i don't live in northampton i did also state that i wished to defend in full

I don't remember ever seeing a letter before action but i have had lots of letters requesting payment and they all look the same, and there is no solicitors named on the claim just the company themselves.

I have sent the requests via recorded delivery but didn't sign my name just typed it on the bottom

Claims against individuals are normally transferred to the defendant's local court once a defence has been served on the claimant and they decide to proceed. All of the County Courts of England and Wales are in the same jurisdiction

[mysticphoenix666]

Re: Need help with a court claim please

oh i didn't know that, will that cause problems?

[littlebert8]

Re: Need help with a court claim please

I dont think so, as you would have to make an application to contest jurisdiction anyway. I don't think it will stop you entering a defence. Might be worth calling the court to explain though

[FlamingParrot]

Re: Need help with a court claim please

I am contesting jurisdiction as i wish to attend if needed to defend my case and i don't live in northampton i did also state that i wished to defend in full

The Northampton bulk centre is not a court as such, it's just the centralised processing centre for money claims. Once cases are allocated, they are normally transferred to your local court.