Court Claim Received - Please Help

[Teddy C]

Re: Court Claim Received - Please Help

MBNA, likely taken out 2007-2009 - defaulted 2009-2010 - paid under DMP for a while - and Arrow Global with Drydens - sadly I don't think you are going to be able to defend it on technical aspects ( we can do the letters and it might be they don't have the agreement, just no way to know for sure at this stage.

Standard first steps on receipt of one of these claims are here -> http://www.legalbeagles.info/forums/...it-Court-Claim

Any idea if you had PPI on the card ? Won't be a massive amount if you did I suspect so probably not worth taking into consideration all that much.

Okay. ONLY my thoughts, based on what I know about your circumstances .....

I think phone up Drydens and tell them you've just received the claim and are preparing a CCA and CPR request to get the original agreement, assignment and default notice, details of charges on the card account and PPI details, but if you could have a without prejudice conversation please, then we could save a whole heap of effort if we sort out a settlement for say 50% of the claim plus your costs as detailed on the claim ? payable over XX months - ( work out what your budget is and reduce it by 10% as a starting point) on the grounds you put a consent order in place so you have the security of the claim in court until settlement is made, but you don't have a judgment unless I fail to pay.

Don't mention working in finance and needing to avoid a CCJ


Budget wise - try and work out all the debts that are lurking in the background and if you did the same with each of them, how much pro rata each would get (like in your DMP ) - that should help you work out whats a sustainable amount to offer - obviously you're flexible as others haven't come out of the woodwork, but no point offering everything spare to one creditor for another to pop up in a couple months and not be in a position to offer anything.

Many thanks Sharon. I will call Dryden in the morning and see if we can come to an agreement. If they would accept 50% settlement plus their costs then I could clear within 9-12 months comfortably - do you think that would be a reasonable timescale or would they expect it cleared sooner? I could pay more but like you pointed out I have a feeling other creditors might start appearing soon.

[Amethyst]

Re: Court Claim Received - Please Help

Within a year I think would be acceptable. Remember to ask to speak with them without prejudice - then they can't (if you carry on to court) pipe up saying '' ah but you offered to pay X in X ''

[Teddy C]

Re: Court Claim Received - Please Help

Within a year I think would be acceptable. Remember to ask to speak with them without prejudice - then they can't (if you carry on to court) pipe up saying '' ah but you offered to pay X in X ''

I called the solicitors yesterday and explained what you advised but unfortunately I didn't even get to the negotiation stage! The very polite lady on the phone had to speak to another department before telling me that there really was nothing they could do at this stage because it was all now with the court. She told me to complete the relevant section of the claim form and put anything else I wanted to discuss with them in writing.

Any idea what to do next for the best? Obviously I really want to avoid judgement but I'm thinking that this now might be inevitable. Is it worth me do the CCA and CPR request or shall I just complete the admission form with an offer based on my income and expenditure?

Thanks

[Amethyst]

Re: Court Claim Received - Please Help

Ok, Well it was worth a try, we'll need to defend then to avoid the CCJ (or they might be more inclined to negotiate later) - if you just complete admission and offer you definitely have a CCJ so lets have a look and see what case they actually have at least first.

So I would get your CCA and CPR requests off. And make sure you have acknowledged the claim - through moneyclaimonline is easiest - just tick intend to defend in full ( it isn't binding just gives you the extra time ).

POC

1. The claim is for the sum of £2999.00 in respect of monies owing by the defendant on a credit agreement held by the defendant with MBNA under account number 5407581055135377 upon which the defendant failed to maintain payments.

2. A default notice was served upon the defendant and has not been complied with.

3. By virtue of a sale agreement between MBNA and the claimant, the claim vested in the claimant who has a genuine commercial interest. The defendant has been notified of the assignment by letter.

So the bold underlined bits I'd say refer to specific documents that you can ask for under the CPR 31.14 request.
CPR 31.14 Request for Information



Then get the CCA request off with a £1
CCA Request Letters


Then we play it by ear until a few days before your defence is due, see what we have and haven't got, and make a decision on that.

[Teddy C]

Re: Court Claim Received - Please Help

Ok, Well it was worth a try, we'll need to defend then to avoid the CCJ (or they might be more inclined to negotiate later) - if you just complete admission and offer you definitely have a CCJ so lets have a look and see what case they actually have at least first.

So I would get your CCA and CPR requests off. And make sure you have acknowledged the claim - through moneyclaimonline is easiest - just tick intend to defend in full ( it isn't binding just gives you the extra time ).

POC

So the bold underlined bits I'd say refer to specific documents that you can ask for under the CPR 31.14 request.
CPR 31.14 Request for Information



Then get the CCA request off with a £1
CCA Request Letters


Then we play it by ear until a few days before your defence is due, see what we have and haven't got, and make a decision on that.

Many thanks. I will acknowledge the claim online today and prepare the letters over the weekend to send in the post Monday. Will that be ok time-wise and also would you recommend posting recorded delivery?

[Amethyst]

Re: Court Claim Received - Please Help

Yes that will be perfect, and yes recorded delivery is always a good idea.

Remember to sign the letters and make the postal order for the £1 on the CCA request out to the name of the claimant ( Arrow Global ?)

[Teddy C]

Re: Court Claim Received - Please Help

Just one quick questions on the CPR request...

What date should I put in for filing my defence? The claim issue date is 13/11/2014.

Thanks

[Amethyst]

Re: Court Claim Received - Please Help




From Thursday, November 13, 2014
Added 33 days
Result: Tuesday, December 16, 2014

[Teddy C]

Re: Court Claim Received - Please Help

Hi

I received a letter today from Drydenfairfax dated 1st December. The letter acknowledges my letter and states the case has been placed on hold until they receive the documents from their client.

What should I do next anyone?

[Teddy C]

Re: Court Claim Received - Please Help

Please could anyone advise what I should do next?

My defence date is 16th December - should I be contacting Drydens and asking them for an extension to the defence date?

[Amethyst]

Re: Court Claim Received - Please Help

Does the letter from Dryden Fairfax refer to extension of 28 days or simply say they have put the claim on hold ? If just on hold then you should give them a call and ask them to agree, in writing (email) to an extension under CPR 15.5 of 28 days to the date for filing your defence as you do not yet have the information enabling you to properly plead the case. http://www.legalbeagles.info/forums/...filing-defence

They should agree, in which case you need to let the court know ( as per that link above)

If they refuse (which would be odd considering they said they'd hold things while waiting for paperwork) then you'd need to put in a defence along the lines of this example - http://www.legalbeagles.info/forums/...t-Court-Claims

[Teddy C]

Re: Court Claim Received - Please Help

I called drydensfairfax this morning and spoke to a member of their legal team. They refused to send me an email confirming an extension to my defence date. The chap I spoke to said they do not send individual emails and the letter from them confirming my account was placed on hold is all I need.

When I got in from work this evening I had received a response from Arrow Global stating that they will process my request from the originating creditor and all collection activity will be suspended pending provision of the documentation. They also returned my £1 postal order.

Are these responses standard procedure?
I presume I should just now prepare my defence following the link above?

Thanks

[Teddy C]

Re: Court Claim Received - Please Help

My defence is due tomorrow. Please could someone have a quick look through the attached draft for my defence and point out anything incorrect or missing?

I am a little confused about point 11 whether I should refer to s77(1) / s78(1) and s77(4) / s78(6) - which should I delete? My CCA letter to the claimant referred to sections 77-79 of the CCA1974 but none of the above.

Many thanks

[Teddy C]

Re: Court Claim Received - Please Help

Bump

[Amethyst]

Re: Court Claim Received - Please Help

Hi Teddy

I'll have a proper look in the morning, but for now s.77(1) then s.77(4) is for loans, .......... s.78 (1) then s.78(6) is for credit cards/catalogues etc xx