Court papers arrived, I don't know what to do

[Tallullatrotter]

I've been advised to come here for help, I don't have a clue to I need to do. we've received court papers yesterday that are dated 15th March. They're for barclaycard from approx 14 years ago (husband became disabled then) We entered a debt management through PayPlan for about 5 years and last payment was made 26th March 2010, I can't remember why payments stopped through them. Can anyone please help me as to what I need to do first

[PAWS]

Re: Court papers arrived, I don't know what to do

:bump2:

[charitynjw]

Re: Court papers arrived, I don't know what to do

I've been advised to come here for help, I don't have a clue to I need to do. we've received court papers yesterday that are dated 15th March. They're for barclaycard from approx 14 years ago (husband became disabled then) We entered a debt management through PayPlan for about 5 years and last payment was made 26th March 2010, I can't remember why payments stopped through them. Can anyone please help me as to what I need to do first

Hi Tallullatrotter & welcome to LB.

You've received a claim form...........Via Northampton?
If the issue date is 15th March, by my reckoning you need to acknowledge this pdq.

Please see the guidance (the green bits) at the top of this thread.

[Kati]

Re: Court papers arrived, I don't know what to do

I've been advised to come here for help, I don't have a clue to I need to do. we've received court papers yesterday that are dated 15th March. They're for barclaycard from approx 14 years ago (husband became disabled then) We entered a debt management through PayPlan for about 5 years and last payment was made 26th March 2010, I can't remember why payments stopped through them. Can anyone please help me as to what I need to do first

Your first steps are outlined here - http://legalbeagles.info/forums/show...it-Court-Claim
Can you give us a bit more info:
How much is the debt?
Who is named as the creditor on the form?
What do the "Particulars of Claim" say?

:bump:ing [MENTION=55034]nemesis45[/MENTION] xx

- - - Updated - - -

and (as Charity says) ... get the claim acknowledged asap !!!

[MIKE770]

Re: Court papers arrived, I don't know what to do

acknowledge it if you have not done so

[nemesis45]

Re: Court papers arrived, I don't know what to do

Good afternoon,

.Please post a copy of the claim for ( Court Form N1) here after removing your name and address and the claim number the we can understand fully what's happening,

If you need help with this [MENTION=49370]Kati[/MENTION] I am sure will assist.

nem

[Tallullatrotter]

Re: Court papers arrived, I don't know what to do

I've gone online to acknowledge the claim, do I tick to say I will choose to contest jurisdiction of the claim made against you.

[nemesis45]

Re: Court papers arrived, I don't know what to do

I've gone online to acknowledge the claim, do I tick to say I will choose to contest jurisdiction of the claim made against you.

Unless you live in Scotland or NI you don't contest jurisdiction. They have different civil law procedures.

nem

[Tallullatrotter]

Re: Court papers arrived, I don't know what to do

claiment is hoist portfolio holding
debt was assigned by MKDP LLP (ex barclaycard)

claim particulars say
Tjis claim is for the sum of £4125.28 in respect of monies owing under an Agreement with the account number 4929************ pursuant to the consumer credit act 1974 (CCA)
The debt was legally assigned by MKDP LLP (ex barclaucard) to the claiment and notice has been served. The defendant has failed to make contractual payments under the terms of the agreement. A default notice has been served upon the defendant pursuant to s.87 (1)) CCA.
The claiment claims
1. The sum of £4125.28
2. Interest pursuant to s69 of the county court act 1984 at a rate of 8.00 percent from the 17/02/11 to the date hereof 1849 is the sum of £1671.87
3. Future interest accruing at the daily rate of £.90
4. costs

[Tallullatrotter]

Re: Court papers arrived, I don't know what to do

I've just check my claim and it says acknowledgement submitted 25th march and received 29th march, which date does it start from for my defence to be in?

[nemesis45]

Re: Court papers arrived, I don't know what to do

I've just check my claim and it says acknowledgement submitted 25th march and received 29th march, which date does it start from for my defence to be in?

Time allowed to is 33 days from the date of issue on the N1 claim form.

nem

[Tallullatrotter]

Re: Court papers arrived, I don't know what to do

I have up to now acknowledged the claim
sent CCA request with £1 postal order
Sent CPR with a copy of CCA letter to solicitor

If the court papers are dated 15th March I have until 17th April to enter my defence
Can anyone help with what I do now

[Tallullatrotter]

Re: Court papers arrived, I don't know what to do

I think I have mucked this case up, I sent the £1 postal order to hoist but received it back today saying
We acknowledge receipt of your request under sections 77-79 of the consumer credit act
Your account is now with our clients solicitors Howard Cohne & Co and they have issued a county court claim against you
As you have filed your defence in this matter, all documents will be requested by our clients solicitor Howard Cohen & Co as part of this process, therefore please find enclosed your £1 fee

I have to file my defence by 17th and don't know what to do now

[Amethyst]

Re: Court papers arrived, I don't know what to do

No you haven't mucked up at all, it's a basic 'make you think you've done it wrong' tactic. Send a copy of your CCA request and the postal order to Hoist, with a copy of the letter you sent to MKDP, and a cover letter saying that their clients have returned your letter and not complied with the formal CCA request made under s.77-79 of the Consumer Credit Act 1974. You will be filing your defence in the next couple of days and you look forward to receiving the documents you requested under the CPR 31.14 request AND the formal CCA request shortly.


you are fine to use the defence example http://legalbeagles.info/forums/show...t-Court-Claims just adjust it slightly to detail what MKDP did with the CCA request.

[Tallullatrotter]

Re: Court papers arrived, I don't know what to do

I sent the postal order and CCA request to Hoist portfolio but it was returned by Robinson Way at the same time I sent CPR and a copy of the CCA request toHoward Cohen solicitor but heard nothing from them.
So do I now send postal order now to Howard Cohen and tell them hoist won't take it and give me what I asked for