Claim Form Received for old debt

[adyb]

Hi,

I need some help here.....
I've recently been served a claim form for an old debt, not that old that it is statute barred. There was just the claim form, nothing else was enclosed, no agreements or letters to substantiate the claim.
So far I have filed the AoS, whilst I gather my thoughts.

I have emailed them asking for them to provide the agreement, statement of account, notice of assigment and am still within the 12 day period for that. They have emailed me back asking for verification of this and that so I just replied, again stating that I do not acknowledge the alleged debt and asking them to provide the information in writing via post to the address they have most recently used for communicating with me.

Should I send them a CPR 31.14 request? I'm a lot unsure about my next steps, I've had letter after letter and threat after threat which added to my depression and as I'm ok in myself now I don't want to go down that road again.

Thanks,

Ade

[stevemLS]

Re: Claim Form Received for old debt

I think you will need to post up the emails and the claim form you have received for anyone to be able to offer any help (after you have deleted personal details and account numbers etc).

Were there no particulars of claim included on the claim form?

[adyb]

Re: Claim Form Received for old debt

Will do...yes the particulars of claim reads.....
The Claimant's claim is for £XXXX being monies due from the Defendant to the Claimant in respect of a regulated loan agreement between the Defendant and DCA and assigned to the Claimant on 28/2/2013, notice of which has been provided to the Defendant. The defendant has failed to make payment in accordance with the agreement and a default notice has been served pursuant to the CCA1974

It's a Northampton CCBC claim.

[Amethyst]

Re: Claim Form Received for old debt

They more than likely won't give you the information without a formal request. Plus you should do a formal CCA request for the copy agreement with a £1 postal order or cheque to the Claimant as that's the only way you can then use their not sending it to you against them in court and it creates a barr to enforcement/judgment.

This is just taken from the First Steps guide;

So, first steps (within 14 days of receiving the claim)

1: ACKNOWLEDGE THE CLAIM - you can do this online usually at www.moneyclaim.gov.uk
You'll need your claim reference and password from the front of the claim form

2: Send A CCA REQUEST to the CLAIMANT ( see here )
This applies to all credit cards / loans / hire purchase / store cards type debt. It doesn't apply to Mobile Phones / Utilities or Overdrafts.

3: Send a CPR request to the CLAIMANT'S SOLICITORS ( see here )
This applies to everything unless they happen to have supplied you with a bunch of paperwork to back up their claim (v. unlikely)

If you are unsure of any of those steps then please make a new thread on the forum (you must be registered to do this)

[Amethyst]

Re: Claim Form Received for old debt

The Claimant's claim is for £XXXX being monies due from the Defendant to the Claimant in respect of a regulated loan agreement between the Defendant and DCA and assigned to the Claimant on 28/2/2013, notice of which has been provided to the Defendant. The defendant has failed to make payment in accordance with the agreement and a default notice has been served pursuant to the CCA1974

In your CPR request you should ask for the 'Regulated Loan Agreement;, the Notice of Assignment and the Default Notice - as they are all mentioned in the statement of case.

[adyb]

Re: Claim Form Received for old debt

Thanks people....the AoS has been done, just been to the post office for a PO and it's shut - so the other 2 items will be done tomorrow morning.
I'm feeling a little less stressed about this now.

[Amethyst]

Re: Claim Form Received for old debt

Well done Good to hear you're not as stressed xx They SHOULD send you all the information to help you sort out the debt, but they really don't bother unless you ask formally - and to be honest, they hardly ever bother when you do ask formally either - but because you asked formally you can use their non compliance against them in court later xx

[adyb]

Re: Claim Form Received for old debt

Thanks Amethyst.

[adyb]

Re: Claim Form Received for old debt

Hi,

CCA & £1 posal order sent recorded to DCA and CPR request sent recorded to Solicitors.

Let's see what I get back.
Feeling a bit happier about this now that I've taken those first steps and it's not even lunchtime yet!!

Ade

[adyb]

Re: Claim Form Received for old debt

Hi,
In a further twist I have had a letter from Solicitors stating that the debt is not statute barred - sending a SB letter to the DCA was my first gut reaction whilst I got my sh*t together.
Debt caused me significant mental health issues and much of my mail for years was unopened. It is only in the last year that I have been able to start going through all the letters, with threat after threat, all of which turned out to be empty (apart from this one lol) there's no wonder I suffered a breakdown which culminated in the loss of my business, partner and being made a part time Dad.
I'm a different person now, much stronger for the experience but still get those dreaded feelings when I get a letter from a DCA threatening this and that, I have however realised that no matter what they do they can't take away anything else from me and I will not allow them to take up any more of my time than absolutely necessary to deal with the issue - ie I'm trying to not worry and over think and outcomes.

Well I guess I'll just have to wait and see what agreement they manage to constitute before I start talking to them.

Ade

[adyb]

Re: Claim Form Received for old debt

Just double reading the Particulars of Claim and in it is stated " in respect of a regulated loan agreement between the Defendant and Britannica Recoveries S. r.l ? Arrow (No. XXXX) and assigned to the Claimant on XX/XX/XXXX"

Who the hell are Britannica Recoveries S. r.l

They are not the original creditor - does this affect things?

Ade.

[Amethyst]

Re: Claim Form Received for old debt

Ahh it that where you put DCA before?

Brittanica seem to deal with Egg loans ?

Anyway you can add it into your defence that you have never had any agreement or comminication with Britannica and the first you have heard of them is on the statement of case from the claimant.

[adyb]

Re: Claim Form Received for old debt

Yes, you're right there. DCA previously is this "Britannica recoveries S. r.l ? Arrow (No. XXXXX) " that is how it is written on the claim particulars....so that's an error even if just a typo

Yes this was an Egg loan, no PPI I never took out PPI, or over priced extended warranties!!

[Amethyst]

Re: Claim Form Received for old debt

Yes, you're right there. DCA previously is this "Britannica recoveries S. r.l ? Arrow (No. XXXXX) " that is how it is written on the claim particulars....so that's an error even if just a typo

Yes this was an Egg loan, no PPI I never took out PPI, or over priced extended warranties!!

Lol, no me neither, have never had a PPI policy in my life, though must admit I kind of wished I had would have been a decent savings fund

Anyway yes there was no agreement between yourself and Britannica. There WAS an agreement between you an Egg...well more likely to have been.

Someone else has just entered a defence on a similar issue - Phoenix Recoveries - I think it was so I'll find a link for you.

[Amethyst]

Re: Claim Form Received for old debt

The Claim
4. The Defendant does not know what this claim relates to. Phoenix Recoveries (UK) are not, and never have been a credit provider so the Defendants do not know how they could have a credit agreement with them, and to their knowledge have never held any agreement with Phoenix Recoveries (UK)

In this thread http://www.legalbeagles.info/forums/...RYSDENSFAIRFAX