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Hi all,
Firstly, I tried to start a thread using the court action form but for some reason I keep getting a "Message too short" message so could not submit it so apologies for that, if anyone knows what I could be doing wrong then please let me know.
I have copied & pasted the info requested on the form below.
County Court Claim form received today 20/09/2017 & dated 15?09/2017
Original Creditor - Halifax Credit Card
Who is the Claimant - Cabot Financial
Who is the claimants solicitor - Wright Hassal
Amount of claim - £11, 570.51
Type of debt - Credit Card
Is the debt Statute Barred - No
Particulars of Claim
The Claimant's claim is for debts arising from Consumer Credit Act 1974 agreements. The claimant is an assignee of the following debts,, notice of assignment having been given to the defendant in writing.
Halifax Credit Card Account No ---- £11,570.51. Despite demands for payment, the above sums remain due.
The claimant therefore claims the sum of £11570.51, interest under a.69 County Courts Act 1984 and costs.
My problem Information
Today I have received a County Court Claim for a debt that is being paid, I do not dispute this debt but I do not understand why I have received a County Court Claim as I have been & still am making regular monthly payments for this debt yet have now received a Court Claim from Northampton County Court Business Centre for the full amount owed plus court fees & Legal representatives costs taking the total to £12,191.18.
The debt was originally for a Halifax credit Card which I could not afford to pay so I went through the CCCS Debt Charity who managed to freeze the interest on the account & then the debt was assigned to Blair, Oliver & Scott who I set up an agreement to pay £10 each month which i have paid every month & which I am still paying to this day & I have just had this confirmed from Blair, Oliver that my last payment was made on 4th September by standing order but they also told me that the debt was now owned by Cabot who they confirmed they were forwarding my monthly payments on to on to Cabot as soon as they are received.
I have received letters from Cabot asking me to make contact & to send them an attacment of earnings but have not had any correspondence with them as I already have a payment agreement set up with the debt still being paid to Blair Oliver
\I then received a single rather amateur looking letter from Wright Hassal Solicitors on 25/08/2017 informing me that payment is now long overdue & unless a repayment agreement is put in place within 14 days they will be left with no alternative than to issue County Court Proceedings against me which they have now done.
I did not make any reply to this letter as it looked like one of those meaningless threat letters & there was no heading stating letter before court action or anything so I ignored it.
Yesterday a County Court claim came through my door so I would like to please ask you kind professionals for any help with how to proceed with this matter as I don't have a clue what to do.
My main argument is that an agreement to pay this debt is already in place which Is up to date so why am I being taken to court & do I have a case of defence on the basis that a repayment agreement is in place & the debt is still being paid each month as originally agreed?
If anyone can help me with how to proceed I'll be extremely grateful.
Thank you,
Kuggy.
Firstly, I tried to start a thread using the court action form but for some reason I keep getting a "Message too short" message so could not submit it so apologies for that, if anyone knows what I could be doing wrong then please let me know.
I have copied & pasted the info requested on the form below.
County Court Claim form received today 20/09/2017 & dated 15?09/2017
Original Creditor - Halifax Credit Card
Who is the Claimant - Cabot Financial
Who is the claimants solicitor - Wright Hassal
Amount of claim - £11, 570.51
Type of debt - Credit Card
Is the debt Statute Barred - No
Particulars of Claim
The Claimant's claim is for debts arising from Consumer Credit Act 1974 agreements. The claimant is an assignee of the following debts,, notice of assignment having been given to the defendant in writing.
Halifax Credit Card Account No ---- £11,570.51. Despite demands for payment, the above sums remain due.
The claimant therefore claims the sum of £11570.51, interest under a.69 County Courts Act 1984 and costs.
My problem Information
Today I have received a County Court Claim for a debt that is being paid, I do not dispute this debt but I do not understand why I have received a County Court Claim as I have been & still am making regular monthly payments for this debt yet have now received a Court Claim from Northampton County Court Business Centre for the full amount owed plus court fees & Legal representatives costs taking the total to £12,191.18.
The debt was originally for a Halifax credit Card which I could not afford to pay so I went through the CCCS Debt Charity who managed to freeze the interest on the account & then the debt was assigned to Blair, Oliver & Scott who I set up an agreement to pay £10 each month which i have paid every month & which I am still paying to this day & I have just had this confirmed from Blair, Oliver that my last payment was made on 4th September by standing order but they also told me that the debt was now owned by Cabot who they confirmed they were forwarding my monthly payments on to on to Cabot as soon as they are received.
I have received letters from Cabot asking me to make contact & to send them an attacment of earnings but have not had any correspondence with them as I already have a payment agreement set up with the debt still being paid to Blair Oliver
\I then received a single rather amateur looking letter from Wright Hassal Solicitors on 25/08/2017 informing me that payment is now long overdue & unless a repayment agreement is put in place within 14 days they will be left with no alternative than to issue County Court Proceedings against me which they have now done.
I did not make any reply to this letter as it looked like one of those meaningless threat letters & there was no heading stating letter before court action or anything so I ignored it.
Yesterday a County Court claim came through my door so I would like to please ask you kind professionals for any help with how to proceed with this matter as I don't have a clue what to do.
My main argument is that an agreement to pay this debt is already in place which Is up to date so why am I being taken to court & do I have a case of defence on the basis that a repayment agreement is in place & the debt is still being paid each month as originally agreed?
If anyone can help me with how to proceed I'll be extremely grateful.
Thank you,
Kuggy.
( and sorry for the form being so shoddy !) Looks like [MENTION=98117]warwick65[/MENTION] has your back anyway xxxx ( and that post is perfect )
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