New Court Claim Form Sent to Wrong Address

[monkeybus]

Hi.

I have today received a new court claim form from the County Court Business Centre in Northampton. I think (from the amount) that it's an old credit card debt that's now been passed on to a debt collection agency (Arrow Global, who I've never dealt with in the past).

It was put through my door – I assume – by a neighbour who knows where I live since it has an old, incorrect address on it. What do I do in this circumstance, where they have issued the claim form to the wrong address?

Any help would be greatly appreciated.

MB

[charitynjw]

Re: New Court Claim Form Sent to Wrong Address

Hi monkeybus, welcome to LB.

I can foresee a potential problem in that a default judgment may be issued against you.
If the alleged debt is, say, the credit card debt to which you allude, it could be argued that you should inform your creditors of any change of address.
If a default CCJ was given, you may be able to set it aside, but you would need to make an application to court (either with, or alternatively without, the consent of the Judgment Creditor (Claimant).

[Diana M]

Re: New Court Claim Form Sent to Wrong Address

What is the claim Issue Date (top right on the first page)?

You have 19 days from that date to file your Acknowledgement of Service. If that deadline hasn't passed yet then file your AOS stating that you intend to defend all of the claim. If that date has passed and the system won't let you file your AOS then you may be facing a Default Judgment (as Charity says).

However although you may be able to make an Application to get a Default Judgment set aside due to the wrong service address, you would also have to convince the court that you would have good prospects of success if you were given a second chance.

So what can you recall about this debt?

Who was the original creditor (Arrow is a debt purchaser not a Debt Collection Agent)?

When did you open the account (what year)?

How long ago did you move house from where the claim form was sent? Was this before or after Arrow bought the date (if that assignment date is given in the Particulars of Claim)? This will be important if there is argument over whether you received a Notice of Assignment or not.

How much is the claim?

Who are Arrow's solicitors (Restons, Shoosmiths or Drydens or anther firm)?

That should do for starters

Di

[monkeybus]

Re: New Court Claim Form Sent to Wrong Address

Hi Di.

Thank you for your reply. Any help you can give me would be appreciated. I feel quite lost as to what to do.

Issue date: 8th May 2017
Original creditor: First Direct
Debt: Credit card balance + overdraft + fees = circa £5,000. The debt must have been outstanding since around 2011, shortly after I was diagnosed with a serious chronic illness and became unemployed. I think it's right on the cusp of being statute barred. I'm still unable to work and really cannot afford to pay this debt, at least not in one go.
Date of account opening: I can't remember this. It must have been in the 1990s.
Date of moving: I have moved 5 times since 2011. I have received no prior notices that I'm aware of.
Solicitors: Restons Solicitors

MB

[Diana M]

Re: New Court Claim Form Sent to Wrong Address

How nice to have direct answers to direct questions

Can you post up/type out the Particulars of Claim from the front page removing anything which could identify you.

This forum has a First Steps guide which you'll find here > http://legalbeagles.info/forums/show...322#post418322

There'll probably be lots more questions along the way.

Di

[monkeybus]

Re: New Court Claim Form Sent to Wrong Address

All it says on the particulars of claim is:

"The Claimant claims payment of the overdue balance due from the Defendant(s) under a contract between the Defendant(s) and HSBC dated on or about Mar 26 1997 and assigned to the Claimant on Mar 28 2014."

Then it gives the original First Direct bank account number and the amount.

[warwick65]

Re: New Court Claim Form Sent to Wrong Address

Hi Monkeybus

I don't want to muscle in but in the first post you said you thought it was a credit card and then in the last you refer to a bank account number. Do you know which it is as it will make a difference to how you go about defending it

Sadly , if it wasn't statute barred when the claim was issued then it won't ( unless the claim is discontinued) . Of course you could use it as one tack in your defence.

I will let [MENTION=87380]Diana M[/MENTION] give you the technical guidance as I have no idea how to deal with the wrong address although I do know how to do the first parts of a claim:-)

[monkeybus]

Re: New Court Claim Form Sent to Wrong Address

I'm pretty sure it's mostly credit card, though they don't give the credit card number, and they've tacked on the overdraft to the amount.

[Diana M]

Re: New Court Claim Form Sent to Wrong Address

I'm pretty sure it's mostly credit card, though they don't give the credit card number, and they've tacked on the overdraft to the amount.

Then they'll have a problem.

Don't make them aware of anything. The Claimant has to prove their case so no need to give them any clues to work with.

The request for your credit agreement should be s 77-79 CCA Request, let them figure out whether it's a credit card, overdraft or an amalgamation of both.

Di

[monkeybus]

Re: New Court Claim Form Sent to Wrong Address

Should I send a CPR request to the solicitors too? The only document the particulars of claim mentions is a "contract" but gives no contract number. The only number is the old bank account number.

[charitynjw]

Re: New Court Claim Form Sent to Wrong Address

I would.
CPR 31.14 example, top of this thread.
I'd ask for the contract, the Notice of Assignment & the Deed of Assignment.

[warwick65]

Re: New Court Claim Form Sent to Wrong Address

Hi
has it been suggested yet that you send a Subject Access request to First Direct so you can find out exactly what the accounts were . There is a £10 fee and what is returned to you is not disclosed to the claimant - you might find out useful details

[monkeybus]

Re: New Court Claim Form Sent to Wrong Address

I sent CCA and CPR letters. The claimant hasn't responded to the CCA. The solicitor has replied – again to the wrong address even though I put the correct address on my letter – but they're refusing to supply any documents. They state that:

We would point out that the Claim was issued via the County Court Business Centre which is a procedure specifically provided for in the CPR. This procedure only allows a Claimant to insert brief details of the Claim and does not allow for the attachment of any enclosures. Paragraph 5.2A of Practice Direction 7E specifically states "The requirement of paragraph 7.3 of Practice Direction 16 for documents to be attached to the particulars of contract claims does not apply to claims started using an online claim form, unless the particulars of claim are served separately in accordance with paragraph 5.2 of this practice direction.

We would also remind you that CPR 31.14 states: 'A party may inspect a document mentioned in: a) a statement of case; b) a witness statement; c) a witness summary; d) an affidavit.'

You would have been provided with a copy of the contractual Terms and Conditions at the time the account was opened and hence we see no reason why you now require an additional copy.

Furthermore, the other documents you have requested [Deed of Assignment, etc] are not 'mentioned' in the Particulars of Claim and therefore CPR 31.14(1) does not apply.

Although your letter states that you require the requested documents in order to file a Defence / Counterclaim, we would point out that the Particulars of Claim contains sufficient information in order for you to understand what the Claim relates to, namely: a) the date the account was opened; b) the account number; c) the outstanding balance; d) the name of the original creditor; e) the fact that the account has been assigned to the Claimant and when it was assigned.

I fully expect the Claimant won't respond at all, especially since their solicitor has now replied. Any ideas on how I should proceed?

[warwick65]

Re: New Court Claim Form Sent to Wrong Address

Hi
Well the fact they have not produced documents doesn't mean you can't enter them in your defence.

I think it would be fair to say the particulars of claim are so vague you really can not plead a defence
There are templates in the green box at the top.

I would be including the fact you sent a CIA request which has not been complied with , that the solicitors have not given you enough info for you to assess your position and also you need them to prove their right to bring the claim by producing the deed of assignment and copies of the notice of assignment

[monkeybus]

Re: New Court Claim Form Sent to Wrong Address

A few questions:

1. Who should the defence be filed to?
2. Do I have to send copies to the claimant and the solicitors?
3. Can it be done online?

MB