Recevied a court claim, require help for O/D debt

[fuqex]

Good morning,

i am in a bit of a mess and require some help if possible,

I have received a court form N1SDT, for an overdraft that becomes statute barred in December of this year, I know this court form means that statute barred is no longer an option.

The amount is for approx £4500 this includes court costs.

The particulars of the case:

The Claimant Claims payment of the overdue balance due from Defendant(s) under a contract between the Defendant(s)and LloydsTSB. Dated on or about <<DATE I OBTAINED MY ACCOUNT>> and assigned to the Claimat on Nov 20 2013.

PARTICULARS a/c no: xxxxxxxxxxxxxx

DATE ITEM VALUE
10/02/2014 Default Balance £xxxx.xx
Post Refrl Cr NIL
Total £xxxx.xx

Rather than getting a CCJ I would be willing to pay a final settlement, of around 50% however im uncertain if this will be accepted/ A CCJ would make it very difficult for me in the future and need to avoid this as much as possible.

I am willing to fight it however I dont have a clue how I go about this, what defence I would use etc... and how I would offer a final settlement etc...

Any help would be GREATLY appreciated.

[charitynjw]

Re: Recevied a court claim, require help for O/D debt

Hi fuqex, welcome to LB

Acknowledge the claim asap.
Failure to do so will probably result in a default CCJ.
We suggest you defend in full for the time being. (You can always change your mind later).
If you live in England/Wales, do not contest jurisdiction. (I'm guessing it was issued via MCOL).
Do not enter anything in the 'Defence' dialogue box.

Then send a CPR 31.14 request to the Claimant's solicitors, asking for the contract, the Notice of Assignment and the Deed of Assignment. (See example, top of this thread).

& send a SAR to Lloyds for all the data they hold on this account.
http://www.legalbeagles.info/forums/...quest-template

It is best to get as much info as possible before entering into negotiation, & any offers should be clearly headed 'Without Prejudice Save As To Costs'; this should avoid admission of liability for legal purposes.

[fuqex]

Re: Recevied a court claim, require help for O/D debt

Hi,

Sorry If I sound thick, however do I need to include the following in my CPR3.14

For your information and records I enclose a copy of the formal request for a copy of the credit agreement relating to this claim, pursuant to the Consumer Credit Act 1974, which has been posted to your client with the statutory fee of £1 today, XX XXXX 201X.

And a postal order for a £1, to cover this.

Thanks

[charitynjw]

Re: Recevied a court claim, require help for O/D debt

No, scrub that.
& no fee is payable.

[fuqex]

Re: Recevied a court claim, require help for O/D debt

Thanks for your help so far,

The letters should be received by the court, bank and solictors now... sent them all recorded delivery 1st class to arrive today.

Do I just await a responce now from the solictors and bank???

How long have I got to place a defence is it 28 days from receiving my letter to state I will be defending.

Cheers.

[Kati]

Re: Recevied a court claim, require help for O/D debt

How long have I got to place a defence is it 28 days from receiving my letter to state I will be defending.

Cheers.

33 days from the issue date on the claim form xx

[fuqex]

Re: Recevied a court claim, require help for O/D debt

HI,

I decided to send the form to the county court rather than online, I didn't enter anything into the defence section of the claim.

I have however received another letter from the court stating the following:

With reference to your claim responce. I would like to advise that it is herewith returned to you as invalid as it has not been completed fully.

Please give reasons for disputing the claim in section 3 of the N9B defence form.

As you have a limited time to reply to the claim form, you may wish to ensure the defence is amended and returned promptly.

If you do not complete this form correctly within the prescribed time, the Claimants or their Solicitors may enter Judgement against you in default.

If you require any further information please contact our helpdesk on the number above.
etc... etc..

I was wondering if I could obtain advise on the following:

1/ How long have I got now to respond to this letter, it was initially marked as 5th, this letter now has the 15th.
2/ What do I enter in section 3 of the court papers I have recevied, to state I am awaiting further information from the bank and solicitors.
3/ Should I be better completing this online rather than via the post.

I am stuck on what to do and any help would be very much appreciated as I know time is running out now.

Kind regards

[pt2537]

Re: Recevied a court claim, require help for O/D debt

HI,

I decided to send the form to the county court rather than online, I didn't enter anything into the defence section of the claim.

I have however received another letter from the court stating the following:

With reference to your claim responce. I would like to advise that it is herewith returned to you as invalid as it has not been completed fully.

Please give reasons for disputing the claim in section 3 of the N9B defence form.

As you have a limited time to reply to the claim form, you may wish to ensure the defence is amended and returned promptly.

If you do not complete this form correctly within the prescribed time, the Claimants or their Solicitors may enter Judgement against you in default.

If you require any further information please contact our helpdesk on the number above.
etc... etc..

I was wondering if I could obtain advise on the following:

1/ How long have I got now to respond to this letter, it was initially marked as 5th, this letter now has the 15th.
2/ What do I enter in section 3 of the court papers I have recevied, to state I am awaiting further information from the bank and solicitors.
3/ Should I be better completing this online rather than via the post.

I am stuck on what to do and any help would be very much appreciated as I know time is running out now.

Kind regards

Hi there

im not sure why the Court returned the papers, but if the court return your acknowledgment of service then you will need to refile it urgently, either on line or by email or post.

You have 14 days from the date of service of the claim form, if you acknowledge the claim t hen you get a further 14 days giving a total of 28 days to file your defence, however the best way to work it out is like [MENTION=49370]Kati[/MENTION] said, take the date on the claim form and add 33 days to get the date for your defence.

If i can be of any further help just shout.

[fuqex]

Re: Recevied a court claim, require help for O/D debt

My fear though is that they may decline it again if i dont put a defence as i only have a few days. Would i be better of doing it online then calling to ensure its accepted. Or should i put an actual defence now to ensure its not declines, i dont want to miss the deadline.

[pt2537]

Re: Recevied a court claim, require help for O/D debt

My fear though is that they may decline it again if i dont put a defence as i only have a few days. Would i be better of doing it online then calling to ensure its accepted. Or should i put an actual defence now to ensure its not declines, i dont want to miss the deadline.

If you have a printer and scanner you can E-file the defence with the CCBC ( assuming thats the Court youre dealing with) as the CCBC can take defences by email too

[MIKE770]

Re: Recevied a court claim, require help for O/D debt

Claim responses & directions:
ccbcaq@hmcts.gsi.gov.uk

[fuqex]

Re: Recevied a court claim, require help for O/D debt

Thanks for the help so far.

Do you know what I should enter as a defence, theyre basing it on an overdraft for an old current account, stating a contract.

Im unsure on what to enter as a defence i have requested to view the documents and awaiting a responce from the solicitor.

Thanks

[pt2537]

Re: Recevied a court claim, require help for O/D debt

Thanks for the help so far.

Do you know what I should enter as a defence, theyre basing it on an overdraft for an old current account, stating a contract.

Im unsure on what to enter as a defence i have requested to view the documents and awaiting a responce from the solicitor.

Thanks

If its an overdraft, then it may be open to challenge the terms of the contract as being unfair. Have a read of the case of Foster Burnell v Lloyds bank to give you an idea

You may also be able to plead an unfair relationship under s140A Consumer Credit Act 1974

[Joanna C]

Re: Recevied a court claim, require help for O/D debt

Depends whether the O/D post dates 2012 as after that date it is a regulated running account agreement though still exempt from Part V CCA 1974. I e was it annually renewed? It could have been started say 10 years ok but if it was renewed at all any date post dating 2012 is relevant

[charitynjw]

Re: Recevied a court claim, require help for O/D debt

If its an overdraft, then it may be open to challenge the terms of the contract as being unfair. Have a read of the case of Foster Burnell v Lloyds bank to give you an idea

You may also be able to plead an unfair relationship under s140A Consumer Credit Act 1974

Depends whether the O/D post dates 2012 as after that date it is a regulated running account agreement though still exempt from Part V CCA 1974. I e was it annually renewed? It could have been started say 10 years ok but if it was renewed at all any date post dating 2012 is relevant

Taking this issue as an example, at what point, in your opinion, would a court case involving complex argument be deemed unsuitable for SCT?