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I have spent some considerable time browsing the threads here, but it seems that every case is different.
I would be extremely grateful if someone could advise me what to do next -
I received a letter from IND stating they had bought my credit card debt from Bank Of Scotland, along with a statement of account, and notice of assignment. There was no Notices of Arrears, no terms and conditions
, no Default Notice.
14 days later they issued a Summons for £11,144.60 - the original debt of £9,271.62 plus interest and costs.
The Pariculars Of Claim state -
"The claimant is the Assignee of a debt from Bank Of Scotland plc. Notice of Assignment was provided to the Defendant by the Claimant in writing. Despite demand for payment the assigned debt(s) remains due. The Claimant complied with Section III and IV and Annex B of the PD Pre-Action Conduct.
And the Claimant Claims:
Credit Card Account number ......................
balance of 9,271.62 as of 4/8/09
Interest under s69 of the county court Act 1984 at the rate of 8% a year from 4/8/09 to 22/0/11 of 1,582.98 and also interest at the same rate up to the date of judgment or earlier payment at a daily rate of 2.03 AND costs."
I realise I can defend the interest claim and will deal with with later!
However, they only talked about a claim for the assigned debt - no mention of any other documents i.e. credit agreement.
I have not sent any CCA requests.
Should I sent them one now? Or should I send a CPR 31.14 request? Am confused as they did not refer to any documents in their Particulars of Claim....
I want to get my defence right from the start - what should be my next move?
P.S. I have acknowledged the claim requesting additional 14 days to prepare defence.
I would be extremely grateful if someone could advise me what to do next -
I received a letter from IND stating they had bought my credit card debt from Bank Of Scotland, along with a statement of account, and notice of assignment. There was no Notices of Arrears, no terms and conditions
, no Default Notice.14 days later they issued a Summons for £11,144.60 - the original debt of £9,271.62 plus interest
and costs.The Pariculars Of Claim state -
"The claimant is the Assignee of a debt from Bank Of Scotland plc. Notice of Assignment was provided to the Defendant by the Claimant in writing. Despite demand for payment the assigned debt(s) remains due. The Claimant complied with Section III and IV and Annex B of the PD Pre-Action Conduct.
And the Claimant Claims:
Credit Card Account number ......................
balance of 9,271.62 as of 4/8/09
Interest under s69 of the county court
Act 1984 at the rate of 8% a year from 4/8/09 to 22/0/11 of 1,582.98 and also interest at the same rate up to the date of judgment or earlier payment at a daily rate of 2.03 AND costs."I realise I can defend the interest claim and will deal with with later!
However, they only talked about a claim for the assigned debt - no mention of any other documents i.e. credit agreement.
I have not sent any CCA requests.
Should I sent them one now? Or should I send a CPR 31.14 request? Am confused as they did not refer to any documents in their Particulars of Claim....
I want to get my defence right from the start - what should be my next move?
P.S. I have acknowledged the claim requesting additional 14 days to prepare defence.
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