Where do I start? Court papers received :(

[Kidseh!]

First time user so forgive my total lack of understanding of what to do despite spending hours reading stories on here x

Basically my son has managed to get himself into a significant amount of debt. This morning I received a letter stating his outstanding debt with Barclaycard (Hoist Portfolio) is proceeding to court?

The letter contains forms to respond to either admitting full amount, partial amount or defending. He disputes the amount owed however admits to burying his head for a while due to job loss etc.

I would really appreciate some advice on how to respond, I am very worried about the outcome as he is only young, he lives with his girlfriend in a owned/mortgaged property, could they actually take his house? the debt is approx £6000.

Thank you so much in advance for any help you can offer x

Anxious Mum!

[Kati]

Re: Where do I start? Court papers received

Hi [MENTION=103247]Kidseh![/MENTION] to LB!

Here's a link to your first steps - http://legalbeagles.info/forums/show...it-Court-Claim

Have a read through and get started:
1, Acknowledge receipt of the court claim
2, CCA request to the claimant
3, CPR request to the solicitors

I'll tag @Amethyst and @Diana M for you too

K xx

[Kidseh!]

Re: Where do I start? Court papers received

Thank you xx

[Kidseh!]

Re: Where do I start? Court papers received

When completing the MCOL form I am unable to leave the defense blank as it is a mandatory field? x

[charitynjw]

Re: Where do I start? Court papers received

If in doubt you can acknowledge by post to the court that issued the claim (allow minimum 2 days for delivery, & get proof of posting. SignedFor is recommended.)
You can also acknowledge via email (eg Northampton CCBC is ccbcaq@hmcts.gsi.gov.uk - see https://courttribunalfinder.service....ss-centre-ccbc )
But it needs to be in the correct format - https://www.justice.gov.uk/courts/email-guidance

[Kidseh!]

Re: Where do I start? Court papers received

Thanks
I've submitted an online intention to defend based on the fact my son is unsure why its that amount (hes much much unsure of everything!)
CCA letter done.. Ill spend another few hours on this forum which is very helpful.

[warwick65]

Re: Where do I start? Court papers received

As long as you tick defend all you should be able to leave the defence box blank.

It is important that you do not put anything in there although with respect your son should be doing this and taking responsibility. I understand the desire of a parent to help but you can not actually sign anything on his behalf without authority- you could get in a mess

[Kidseh!]

Re: Where do I start? Court papers received

I understand that, hes with me with and is aware of every action. x

[charitynjw]

Re: Where do I start? Court papers received

Thanks
I've submitted an online intention to defend based on the fact my son is unsure why its that amount (hes much much unsure of everything!)
CCA letter done.. Ill spend another few hours on this forum which is very helpful.

Did you actually put this in the 'defence' box?

[Kidseh!]

Re: Where do I start? Court papers received

Did you actually put this in the 'defence' box?

No I ticked defend all so a reason wasn't required. I would like information about the amount stated xx

Just out of curiosity, does anyone have any idea about what an acceptable monthly payment would be on say £3,000 - £ 4,000? x

[charitynjw]

Re: Where do I start? Court papers received

Just out of curiosity, does anyone have any idea about what an acceptable monthly payment would be on say £3,000 - £ 4,000? x

the debt is approx £6000.

I'm sure there is a simple explanation for the apparent discrepancy.

[Kidseh!]

Re: Where do I start? Court papers received

I was just curious about if they agree its lower what would be an acceptable monthly payment x

[charitynjw]

Re: Where do I start? Court papers received

When did your son take out the agreement?
When was it officially defaulted? (& when was the last payment/written acknowledgement re the account?)

There are many factors to consider when negotiating, & it's always best to do so from a strong position.
You do have to be careful when negotiating......it could be taken as an admission of liability.

[Kidseh!]

Re: Where do I start? Court papers received

Thanks, your advice is much appreciated 🙂 x

[warwick65]

Re: Where do I start? Court papers received

Hi
As Charity says , you do have to be careful when negotiating as I have heard even letters making an offer, if not worded correctly can be taken as an admission of liability.

As for what is an acceptable monthly offer it depends on so many things
Income, and outgoings are probably the two major ones along with any priority debts such as rent/mortgage arrears and CT arrears

Many years ago when I was unemployed I had a CCJ and made an offer to the court of £5 a month which was accepted. It was quite fortunate because I was only U/E for 6 weeks and would never have had such a low offer accepted otherwise.

Advice can vary in response to the answers to the questions charitynjw has asked

When you send the CPR 31.14 request you can only ask for what is mentioned in the particulars of claim. If it mentions assignment however I would ask for the notice and Deed of assignment . The Deed of assignment is the legal transfer of the debt from Barclaycard to Hoist

BTW was this always a BC?
I know my ex had a goldfish card that became a barclaycard but no idea when it was opened

P.S. I wasn't trying to offend you about making you son face up to his responsibilities , I just know it would have been the sort of thing my Dad would have done - present me with a fait accompli