Received a county court business letter on Saturday dated the 3rd March. It's for a Barclaycard credit card. I've felt sick since receiving it. Any advice would be much appricated on what to do next. I've read through lots of pages but I'm so confused. Many thanks
Would like to say hi to everyone
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Re: Would like to say hi to everyone
Hello [MENTION=82528]Lrigden[/MENTION],
We would probably need some further information on this, if you could fill the following information in which will helpful and you've already provided some but the more information you can give in one go the less questions there will be
Received a claim?
Issue Date:
Amount approx:
Claimant:
Solicitor:
Original Credit:
Particulars of Claim:
Stat Barred?
What have you sent? Letters for documents, acknowledgment to court etc.:
Other Info:
If you are confused on what to do, take a look a this link HERE which should get you started in the meantime.
I've tagged @nemesis45 as he is usually the one who helps with alot of these claimsIf you have a question about the voluntary termination process, please read this guide first, as it should have all the answers you need. Please do not hijack another person's thread as I will not respond to you
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LEGAL DISCLAIMER
Please be aware that this is a public forum and is therefore accessible to anyone. The content I post on this forum is not intended to be legal advice nor does it establish any client-lawyer type relationship between you and me. Therefore any use of my content is at your own risk and I cannot be held responsible in any way. It is always recommended that you seek independent legal advice.
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Re: Would like to say hi to everyone
H thanks you for getting back to me.
received a business court claim from Northampton.
The issue date is 3rd March 2016
Amount is £7337.72
claiment is Hoist Portfolio holding 2 ltd
solicitor is Howard Cohen and co
the debt is for the sum f £5679.72 in the respect of monies owing in the agreement. Interest pursuit of county court act 1984 at a rate of 8.00 percent from 21/08/13 to the date 922 is sum of £1147.8 0. Furture accruing of a daily rate of £1.24.
havent sent any letters yet as just been for ink for my printer. Many thanks
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Re: Would like to say hi to everyone
Hi Lrigden & welcome to LB
It would also aid [MENTION=55034]nemesis45[/MENTION] to know when the contract/agreement was signed, & when you last acknowledged the alleged debt (either by payment or in writing).CAVEAT LECTOR
This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)
You and I do not see things as they are. We see things as we are.
Cohen, Herb
There is danger when a man throws his tongue into high gear before he
gets his brain a-going.
Phelps, C. C.
"They couldn't hit an elephant at this distance!"
The last words of John Sedgwick
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Re: Would like to say hi to everyone
The card was given on 09/11 and I don't have a clue when the last payment was. I'm sorry this is not helpful. This for my husband it's not for me. It's Robinson way limited who sent letters before he received this. He did not respond to them. Thanks
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The letter is in black and white I don't know if that means anything.
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Re: Would like to say hi to everyone
Originally posted by Lrigden View PostThe card was given on 09/11 and I don't have a clue when the last payment was. I'm sorry this is not helpful. This for my husband it's not for me. It's Robinson way limited who sent letters before he received this. He did not respond to them. Thanks
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The letter is in black and white I don't know if that means anything.
Can you please type in the " statement of Claim" from the claim form.?
Have you acknowledged service of the claim? If not it can be done online at MCOL. Money Claim Online (MCOL) state intention to defend in full.
Who was the original creditor.
When was the account defaulted.
Robinson Way is just another part of Hoist.
You need to make a request direct to HP2 for a copy of the agreement for the card account (CCA request) A £1 statutory fee is payable, use a postal order and write " For Statutory Fee Only" on both sides copy the PO and keep for your records.
HP2 Has 12 + 2 Working days to comply. see green box above for templates for this. Send by signed for post and check delivery date and signature.
Next a request made under the provisions of Civil Procedure Rule 31 .14 for the documents mentioned in the statement of claim; e.g. the agreement. default notice and notice of assignment, But only if they are actually mentioned. This goes to H Cohen by signed for post ( see short cuts above).
Is there any more information you can give us about this debt e.g. any dispute with the card provider.
nem
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Re: Would like to say hi to everyone
H I'm really sorry but where on the letter is 'the statement of claim' on the form? I've printed the caa letter off. No he's not acknowledge the claim yet. Should he do that? Is the the original creditor Barclaycard? That's who he got the card from. I don't know when the account was defaulted. Sorry for any confusion. I just don't clue about any of this. Many thanks
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Re: Would like to say hi to everyone
It's the bit called ' Particulars of Claim' xx#staysafestayhome
Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.
Received a Court Claim? Read >>>>> First Steps
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Re: Would like to say hi to everyone
Originally posted by Lrigden View PostH I'm really sorry but where on the letter is 'the statement of claim' on the form? I've printed the caa letter off. No he's not acknowledge the claim yet. Should he do that? Is the the original creditor Barclaycard? That's who he got the card from. I don't know when the account was defaulted. Sorry for any confusion. I just don't clue about any of this. Many thanks
nem
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Re: Would like to say hi to everyone
The claim is for sum of £5679.92 in the respect of monies owning under the agreement with the account no.xxxx pursuant to the consumer credit act 1974.
the debt was legally assigned by MKDP LLP (ex Barclaycard) to the claimant and notice has been served. The defendant has failed to make contractual payments under the terms of agreement. A default notice has been served upon the defendant pursuant to s.87(1) CCA.
1 the sum of £5679.72
2 interest pursuant of s69 of the county court act 1984 at a rate of 8.00percent from 21/08/13 to the date of hereof 922 is the sum of £1147.80
3 future interest accruing at the daily rate of £1.24
4 cost
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Re: Would like to say hi to everyone
Originally posted by Lrigden View PostHi sorry to bother you I'm just going for a PO now. I've never been for one before. Do the post office write the name on it or do we? So sorry for all the questions.
nem
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Re: Would like to say hi to everyone
Next a request made under the provisions of Civil Procedure Rule 31 .14 for the documents mentioned in the statement of claim; do I put that I want a copy of the agreement, default notice? Also I'm not sure what the assignment is or formal demand. I also can't find a date for filing my defence. Sorry I'm not making this easy for you :tinysmile_cry_t:
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Also do I send this now?
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Court Claim ?
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