Hello - Claim Form received from Northampton CC Business Centre

[Helpseeker02]

Re: Hello - Claim Form received from Northampton CC Business Centre

Okay, I will.
Thank you.

[Helpseeker02]

Re: Hello - Claim Form received from Northampton CC Business Centre

Hi [MENTION=55034]nemesis45[/MENTION]

I called the court to ask for a current status of the claim and they confirmed that it was stayed mid-Feb 2016.

I understand that the next move is from the claimant's side however, where does that leave me in this situation?

Regards,
HS.

[nemesis45]

Re: Hello - Claim Form received from Northampton CC Business Centre

Hi @nemesis45

I called the court to ask for a current status of the claim and they confirmed that it was stayed mid-Feb 2016.

I understand that the next move is from the claimant's side however, where does that leave me in this situation?

Regards,
HS.

Hello HS,

The options and possibilities

It's possible the claimant may " discover" the documents to support their claim and pay the fee to lift the stay.
Or it's possible the claim could remain stayed indefinitely.

Options.

Make an application for the claim to be struck out £ 155.00 fee Court Form N244. Stating you require the claimant to pay the costs of the application.
Or

Write to the claimants solicitors and invite them to discontinue the claim in the interest of saving costs and court time.

nem

[Helpseeker02]

Re: Hello - Claim Form received from Northampton CC Business Centre

Hi Nem

Thank you. I will consider your response further.

Regards,
HS.

[Helpseeker02]

Re: Hello - Claim Form received from Northampton CC Business Centre

Hi [MENTION=55034]nemesis45[/MENTION],

Re: my income/hardship, the £155 fee is a lot of money at the moment.

Do you think it may be in my best interest to first send a notification to the claimant about my intention to strike out their claim?

Also, is there a timeframe that I should give them and/or is there a template letter I can use for the notification?

Thanks in advance,
HS.

[nemesis45]

Re: Hello - Claim Form received from Northampton CC Business Centre

Hi @nemesis45,

Re: my income/hardship, the £155 fee is a lot of money at the moment.

Do you think it may be in my best interest to first send a notification to the claimant about my intention to strike out their claim?

Hi, you may be eligible for fee remission, but I think you are right to go down the line of " inviting" them to discontinue and your intention
to apply for strike out at their cost.

I can draft a letter for you to amend to suit if you wish.

Tag me if you want this.

nem

[Helpseeker02]

Re: Hello - Claim Form received from Northampton CC Business Centre

Hi @nemesis45,,

Yes, I welcome receipt of the letter. Thanks in advance.

Btw - how do I tag you?

Hi, you may be eligible for fee remission, but I think you are right to go down the line of " inviting" them to discontinue and your intention
to apply for strike out at their cost.

I can draft a letter for you to amend to suit if you wish.

Tag me if you want this.

nem

[Kati]

Re: Hello - Claim Form received from Northampton CC Business Centre

Btw - how do I tag you?

you managed it (put @ before the name) :lol: xx

[Helpseeker02]

Re: Hello - Claim Form received from Northampton CC Business Centre

you managed it (put @ before the name) :lol: xx

Lol - Oh, okay
Thank you, Kati.

[nemesis45]

Re: Hello - Claim Form received from Northampton CC Business Centre

Hi @nemesis45,,

Yes, I welcome receipt of the letter. Thanks in advance.

Btw - how do I tag you?

Just type [MENTION=55034]nemesis45[/MENTION].

Got 4 year old Gt Grandsons Sport Relief Even this afternoon so will try to get the draft done when he gone to bed.

nem

[Helpseeker02]

Re: Hello - Claim Form received from Northampton CC Business Centre

No probs. Thank you so much.

Have a great afternoon at the event.

Rgds,
HS.

[Helpseeker02]

Re: Hello - Claim Form received from Northampton CC Business Centre

Hi All,

I hope that you had a great Christmas and New Years celebrations.

I have an update for my situation for early 2017.

Yesterday I received a large envelope containing documents from Restons Sols. It was not sent recorded delivery and included the following:

a. their cover letter dated Thursday 5th Jan 2017
b. a one page photocopy of the c/c application
c. photocopies of statements of accounts ~ several months missing
d. a photocopy of the Court Form N9A titled 'Form of Admission'.

To summarise, they have requested that I strike out my defence, have asked for their costs and want a response within the next 14 days.

Please see the content of their letter below:

--

Dear Madam

Re: Claimant v. Yourself
Account Number: xxxxx......
Original Creditor and Product Type: BoS - c/c

We write in respect of the matter above.

We enclose with this letter copies of the following documentation received at this office since our last correspondence.

1. Your Credit Agreement with BoS signed on (date/month/2001);

2. The Statements of Account, showing all credits and debits applied to your account between day/month/2001 and day/month/2014.

We would respectfully remind you that the parties are expected to co-operate with one another in order to further the over-riding objective contained within the Civil Procedure Rules.

In light of the above, we would be grateful if you could kindly confirm that you are now prepared to withdraw your Defence. In order to do this, please complete the enclosed Form N9A and return it to this office.

If we do not receive this from you within the next 14 days, we are instructed to make an application to strike out the Defence and to seek an Order that you pay our costs associated with that application.

We trust the above course of action will not be necessary and await hearing from you further.

Yours faithfully,

Signature

Miss L M., Trainee Solicitor
pp Restons Solicitors Limited "

--

The last correspondence in this matter was from me in early February 2016.

There is no Notice of Assignment from them.

There is no copy true or otherwise of the Agreement with the accompanying Terms and Conditions from the original creditor.

They have used the £1.00 Statutory Fee sent as a payment to the account. Is this legal?

Overall, it doesn't seem that they have complied fully and properly and within the statutory time limit with my CCA request.

My question(s) therefore are:

1. Are they out of time with sending this information to me?

2. If they are out of time, do I need to apply for a Stay to the Court?

3. Should they have sent originals as opposed to photocopies, especially of the form N9A?

4. Can someone please advise as to what I should do next and when re:

i. the documentation received?
ii. responding to the Solicitors?
iii. what and how and when to inform the Court?

Thanks in advance,
HS.

[charitynjw]

Re: Hello - Claim Form received from Northampton CC Business Centre

Hi Hs02

Has the Claimant/sols lifted the stay?
It will now cost them £255 to do so (as I'm sure you are aware, lol)

[nemesis45]

Re: Hello - Claim Form received from Northampton CC Business Centre

Hi Helpseeker,

Were there and terms and conditions with the application form? Should be two sets i.e. those relevant when the account was opened and those relevant when the account was closed.

nem

[Helpseeker02]

Re: Hello - Claim Form received from Northampton CC Business Centre

Hi [MENTION=5553]charitynjw[/MENTION],

Thanks for your reply.
Yes, the cost increase is something else!

I haven't checked online to find out, as it has been nearly a year since the last communication.
It might be best for me to call the Court on Monday and find out?

Regards,
HS.