Proposed Allocation to small claims court Urgent any help please?

[furcone8330]

Hi

I am new to this and haven't got a clue what i am doing. I could really do with some advice as i have received a N180 form, from Northampton bulk center last Thursday, and i am not too sure how too reply to it.
To cut a long story short i previously received a N1 form stating i Lowell had request a CCJ against me for a debt i apparently took out in 2007 which i do not recall.
I replied back to the court that i didn't acknowledge the debt and explained that i have sent the claimant a request to supply me proof. I sent letters to Lowell and BW legal recorded requesting them to send me CCA etc i've gave them around 45 days to reply and haven't had know acknowledgement to say they have received my request for a CCA. Only that there client intends to continue with the claim. When i spoke to NCCBC they said that the claimant had not got back to them in gthe required time and that the claim was stayed and that the next step was for me to fill out the N180 form this is all really confusing to me as i don't know where i go from here any advice would be much appreciated.

Many thanks

[furcone8330]

Proposed Allocation to small claims court Urgent any help please?

Hi Guys,

I have received a letter from N180 form from Northampton bulk center today, and i need to fill out section C1 and i am not sure what to put ? any help would be greatly appreciated ?


Thanks

[Amethyst]

Re: Proposed Allocation to small claims court Urgent any help please?

Hi, Might help to have a little more information about the case, are you defendant or claimant ?

However on section C1 - basically if the claim is straightforwards and not arguing complex point of law, and is under 10k then tick yes to small claims track.

[furcone8330]

Re: Proposed Allocation to small claims court Urgent any help please?

Thanks amethist,

Ok so i am the defendent, and i received a N1 form from NCCBC about a month ago stating that BW Legal and Lowells have applied for a CCJ against me.
From the information i received i didn't believe i owed the debt so i sent the N1 form back with a copy of the letter i sent to BW, and Lowell stating i requested a CCA from them and defended the N1 form.
Since then i haven't received any of the information i have asked for from BW or Lowell not even a letter of acknowledgement for my request.
When i sent the N1 form back to NCCBC the court then gave BW 28 days to reply or the claim would be stayed.
As they didn't reply in time the claim was stayed and i was told that for the claimant to proceed they would have to pay a £45 fee to lift the stay.
The next day i received a letter from BW saying there client intends to continue with the claim i then rang NCCBC, and asked if they had received the same response to which they replied they hadn't.
A few days later i received the proposed allocations form to fill out i rang NCCBC to find out if BW had paid for the stay to be lifted they said no only that BW requested there client wants to continue with the claim?

So my questions are -

1 - I am defending the claim and according to the new FCA guild lines amended in April 2014, they shouldn't be enforcing this debt without providing me the information i have requested should they ?

2 - If i am to reply to this form on section C1, how can i reply to weather its the right course for this claim when i am defending it, and havent received the information i requested. I dont believe it should be going to small claims as they havent complied with the FCA guild lines for my request for a CCA ?

Any advice would be greatly appreciated.

Thanks

[Amethyst]

Re: Proposed Allocation to small claims court Urgent any help please?

Okeydokey, could you post up a copy of the defence you entered then pls. Just so we're all on same page. Ta xx

[furcone8330]

Re: Proposed Allocation to small claims court Urgent any help please?

Claim No: XXXXXXXXX
Account Reference: XXXXXXXXXX

Mrs XXXXXXXXX
XXXXXXXX
XXXXXXXX
XXXXXXXX



Dear Sirs Date:07/04/2014


I refer to my letters dated 24/02/2014 which was delivered via recorded delivery to your offices on 25/02/2014, and my follow up letter dated 14/03/2014 which was also delivered to your offices on 17/03/2014.

In my letter dated 24/02/2014 I explained that I did not acknowledge any debt to your company or its clients, and made a formal request for a copy of the signed, executed credit agreement for the above numbered xxxxxxxxx account under section 77(1) and section 78(1) of the Consumer CreditAct. In addition a statement of my account should have been sent along with any other document mentioned in the credit agreement.

The Consumer Credit Act allows 12 (+2) working days for this request to be carried out before your company enter into a default situation. On the 14/03/2014 I then sent you a follow up letter explaining you had failed to comply with my request and therefore the account had entered default on the 13/03/2014.

I then explained you had 30 days from the date of receiving that letter to contact me with your intentions to resolve this matter and also stated that this was a formal complaint, which you have ignored.

To date you have failed to comply with these requests in any way, whether by confirmation of receipt of the request or by supplying the requested documentation. Instead on the 01/04/2014 you sent me a letter explaining that your client intends to continue with the claim, and attached was a copy of the same response you had forwarded to the Northampton (County Court Bulk Centre) County Court.

Furthermore you should be aware that a creditor is not permitted to take ANY Action against an account whilst it remains in dispute.

As you are no doubt aware of the new FCA Guild lines amended on 01/04/2014, section 7.14.1 states:

(1)A firmmust suspend any steps it takes or its agent takes in the recovery of a debt from a customerwhere the customerdisputes the debt on valid grounds or what may be valid grounds.






7.14.2 states:
Valid grounds for disputing a debt include that:
(1)theIndividual being pursued for the debt is not the trueBorrower orhirerunder the agreement in question; or(2)the debt does not exist; or(3)the amount of the debt being pursued is incorrect.
I have explained before, I do not acknowledge any debt to your firm and/or its clients, therefore my reasonable request for you to provide proof should not be ignored. You are not allowed to take any further action until my dispute has been resolved.
7.5.3 of the FCA Regulations also state:
Afirmmust not ignore or disregard acustomer's claim that a debt has been settled or is disputed and must not continue to make demands for payment without providing clear justification and/or evidence as to why thecustomer'sclaim is not valid.

As you have ignored my initial requests for the required information and are clearly intending to continue with the claim, I am now making my complaint formal because you have broken regulations under the new FCA guidelines mentioned above and also the.

I will give you a further 30 days in which to respond with the resolution to this matter.
Should you not respond with an acknowledgement of my formal compliant within the above timeframe I will forward this matter to the Financial Ombudsman and will also report this to the Financial Conduct Authority to investigate.

I would appreciate your due diligence in this matter, and look forward to your prompt reply.



XXXXXXX

[furcone8330]

Re: Proposed Allocation to small claims court Urgent any help please?

I hope this helps any advice would much appreciated?

Thanks

[Amethyst]

Re: Proposed Allocation to small claims court Urgent any help please?

Did you write anything on the response form or just 'see attached' pointing to the letter?

(also did you write the letter yourself or use a 'template' from somewhere - doesn't matter I'm just nosey - also have moved your other post onto this thread )

To cut a long story short i previously received a N1 form stating i Lowell had request a CCJ against me for a debt i apparently took out in 2007 which i do not recall.
I replied back to the court that i didn't acknowledge the debt and explained that i have sent the claimant a request to supply me proof. I sent letters to Lowell and BW legal recorded requesting them to send me CCA etc i've gave them around 45 days to reply and haven't had know acknowledgement to say they have received my request for a CCA. Only that there client intends to continue with the claim. When i spoke to NCCBC they said that the claimant had not got back to them in gthe required time and that the claim was stayed and that the next step was for me to fill out the N180 form this is all really confusing to me as i don't know where i go from here any advice would be much appreciated.

[furcone8330]

Re: Proposed Allocation to small claims court Urgent any help please?

I pretty much sent the same response to the court on the N1 form. Initially just defending it and stating that i request a cca from the claiment to proof that this is a debt i owe?

The copy you see above is a copy of the third letter i sent to Bw legal explaining what i all ready requested? i did however use part of a template and some of my own words.

Thanks

[Amethyst]

Re: Proposed Allocation to small claims court Urgent any help please?

Can you still log in to MCOL to get a copy of the defence entered?

The N180 should be quite straightforwards - the claimants pay the fee. The allocation questionnaire is basically so the case can be transferred to your local court so the judge there can issue any orders or directions he deems necessary. If the defence basically says you are unable to plead effectively due to lack of information then hopefully the judge will order BW / Lowells supply the relevant documents.


Don't be writing to them any more though - use the court process.

[furcone8330]

Re: Proposed Allocation to small claims court Urgent any help please?

Ok thanks again,should i suggest the judge should order BW to comply with my request or should i just simply say i cant plead effectively due to lack of information? I have logged into MCOL and all it says is that (You have submitted a Defence or Part Admission, and that it was received on 27/02/2014 but nothing else about what defense i have filed?

Any thoughts?

[Amethyst]

Re: Proposed Allocation to small claims court Urgent any help please?

If your defence mentioned the documents you had asked for and that you were unable to plead due to lack of information then you have nothing to do really other than return that N180 and wait for the court to issue directions.

[furcone8330]

Re: Proposed Allocation to small claims court Urgent any help please?

Ok amethis thanks again for your help much appreciated