BLUE FORM RECEIVED FROM nORTHAMPON

[richwannabe]

Hi all , I will try to make this as short as I can , please bear with me.
Received last Thursday a blue form from Northampton court,
a company called MKDP LLP claiming that I owe a debt with LLoyds that they now own.
I have not contacted them since they bought this debt in June 2014 as prior to that it belonged to a company called AIC who I asked for the CCA and they didn't comply , prior to that in 2010 I asked LLoyds for a CCa who didn't fully comply either .IN 2008 a company called MHA Collections had this debt .
Should I file a defence on the form ? and how would I go about wording it ?
Are there any letters I can use or previous cases I can call upon to help me ?
I didn't contact Mkdp as as far as I was concerned the debt has always been in dispute.
Also when does the 6yrs statue barred start from ?
Any help much appreciated , thankyou.xx'

[richwannabe]

Re: BLUE FORM RECEIVED FROM nORTHAMPON

I have never been through this before and need a puppy walker to guide me through please

[Amethyst]

Re: BLUE FORM RECEIVED FROM nORTHAMPON

Good morning Rich xxx

Not sure about puppywalking but we'll help you deal with this as much as we can.

You say in 2008 a company called MHA has this debt - do you recall if you paid them anything or acknowledged the debt to Lloyds, MHA or AIC - other than sending the CCA letters? If it was before Jan 2009 you last acknowledged the debt it could be statute barred.

You haven't mentioned much about what the debt is, as you've sent CCA requests before presumably it is a loan or credit card ?

Back in a Tic with some things for you to do - you'll be okay, so try not to worry.

Sharon.

[Amethyst]

Re: BLUE FORM RECEIVED FROM nORTHAMPON

Can you answer these bits


What is the ISSUE date printed on the Claim Form?*

Please type out the Particulars of Claim: The description of the claim from the front of the claim form

What is the approximate amount of the claim?

-----------------------

So, first steps (within 14 days of receiving the claim) - this will extend the time you have to respond to the claim to 28 days from when you received it and give you time to gather information about 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 - this will extend the time you have to respond to the claim to 28 days from when you received it

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)

[richwannabe]

Re: BLUE FORM RECEIVED FROM nORTHAMPON

Sorry , I have been at work.
Ok Date of issue 13/01/2015

Particulars of Claim

The claimant claims the sum of £2813.62 being monies due from the Defendant to the claimant under a regulated agreement between the defendant and Lloyds bank PLC .
tHE DEFENDANTS ACCOUNT NO WAS ---------------- AND WAS ASSIGNED TO THE CLAIMANT ON 20/06/2014 ,NOTICE OF THIS HAS BEEN PROVIDED TO THE DEFENDANT .ETC
I have blanked out account no on purpose.

Original card taken out in approx. 2002 /2003 and it was Accucard , later to be taken on by LLoyds.

When I requested a CCA from Lloyds in Sept 2010 all they sent me was photo copies of Lloyds Tsb Credit card conditions , I have found my last payment details to them and it was in July 2010 , so its not statue barred unfortunatly , I suppose my only hope is that there is no evidence of the CCA ?

[richwannabe]

Re: BLUE FORM RECEIVED FROM nORTHAMPON

If I acknowledge the claim on line do I have to say I am going to defend the claim ? And then do I request a CCA from the claimant ?

[Nuff55]

Re: BLUE FORM RECEIVED FROM nORTHAMPON

Hi Richwannabe

The Acknowledgment of Service will give you 28 days (+5) grace so that you can send the requests off as mentioned by Amethyst above. Your defence will be due at the 33 day mark.

Don't panic - all will become clear one step at a time. Do what Amethyst says above and in that order. Always send something 'signed for' as a minimum so they can;t say they haven't hadit and there are templates on here that you can adapt for your own case.

Good luck

[richwannabe]

Re: BLUE FORM RECEIVED FROM nORTHAMPON

Thank you so much , I am so stressed about all this , if I defend and loose will I have to pay extra costs ? as well as the debt . Do you think as the debt isn't statue barred that I have any chance of getting this dropped or struck off on just the lack of a CCA alone ?

[Nuff55]

Re: BLUE FORM RECEIVED FROM nORTHAMPON

Don't get stressed - and do take some time to read through other threads on here. You don't have to make any decisions for a few weeks and once you are calmer you will see that very few claims are successful.

The companies who 'buy' debts buy in bulk - not individually - so yours will likely be one of maybe hundreds and will have been sold several times before it got to this stage. Its very rare for them to be able to produce the documents they need to be able to win,

There are more knowledgeable people on here than me who will guide you through and give you better advice than I but you need to know you are not alone. We are all on your side.,

[richwannabe]

Re: BLUE FORM RECEIVED FROM nORTHAMPON

Aw thank you so much , you are right the debts certainly been passed round the houses .I was paying a reduced amount on a dmp but Lloyds wouldn't accept the reduced payments after a while and started adding interest again so it became impossible !
If they cant produce the necessary documents does it still go to court ?

[nemesis45]

Re: BLUE FORM RECEIVED FROM nORTHAMPON

Thank you so much , I am so stressed about all this , if I defend and loose will I have to pay extra costs ? as well as the debt . Do you think as the debt isn't statue barred that I have any chance of getting this dropped or struck off on just the lack of a CCA alone ?

Let's go back to your question on Statute Barred.

In England & Wales a debt (simple contract - credit card/unsecured loan) becomes statute barred if in a 6 year period no payment or unequivocal written acknowledgment of the debt has been made.

For a credit card the " safest" way to look at the start of the 6 year is:

The date a contractual payment was due and not made after which no further payment or written acknowledgment was ever made.

The six year clock is stopped when a claim issued before the debt becomes statute barred.

nem

nem.

[Nuff55]

Re: BLUE FORM RECEIVED FROM nORTHAMPON

If you look at my thread you'll see that neither Restons nor Cabot has been able to produce anything - in fact Restons are confused about who the creditor is now it appears for heavens sake. Anyway I have filed a defence and I'm waiting for a court date, BUT I do know they cannot just produce anything without giving me a copy well in advance of any hearing So if they try to pull that one on the day the judge'll have em. I suspect someone will offer me a seductive 'we'll agree a lower amount' on the day before we go in. Well not with me they won't!

The small claims court is very informal (mine will be a different one because of the amount) but if they can't produce they can't enforce. End of.

Please don't worry - you really are amongst friends here.

[richwannabe]

Re: BLUE FORM RECEIVED FROM nORTHAMPON

My last payment was 26Jjuly 2010 , it was a reduced payment as I was on a DMP but I had to stop paying after that as they wouldn't accept my reduced payment and started adding interest again , I then asked for CCA they only sent me credit card conditions.

[richwannabe]

Re: BLUE FORM RECEIVED FROM nORTHAMPON

OK , If I acknowledge the claim on Friday online should I send for the CCA to the claimant on the same day ? and when should I send for the CPR from the claimants solicitors ?
I am so glad I have found this site , the willingness from people on here to help is amazing xx

[Nuff55]

Re: BLUE FORM RECEIVED FROM nORTHAMPON

You should send your CCA & CPR requests off asap. You need to get their answers back within your 28days (remember its 28+5 from date of service). So why wait - send them now.