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Received a form N1CPC, what do I do now?

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  • Received a form N1CPC, what do I do now?

    Firstly Hi, sorry to be starting with a post like this but I could really do with some help and advice.

    I have received an N1CPC claim form from Northampton County Court

    CLaimant: Lowell Portfolio LTD

    Address for payments etc: B W Legal

    Defendant: Me

    Claim for the sum of 905.41 being moneys due from the defendant to the claimant under a non-regulated communications agreement between the defendant and EE Limited (Formerly T-Mobile UK Ltd).

    Under court account ref ******* and assigned to the claimant on 27/08/2009 notice of which has been given to the defendant. The defendant failed to maintain the contractual payment under the terms of the agreement and a default notice has been served and not complied with.
    The claim also includes statutory interest pursuant to section 69 of the county courts act 1984 at a rate of 8.00% per annum (a daily rate of 0.13 from the date of assignment of the agreement to the date of issue (28/11/2013) being an ammount of 202.15

    Amount claimed: £780.41
    Court Fee: £55.00
    Solicitors Costs: £70.00
    Total Amount: £905.41

    ---------------------------------------------------------------------------------------------------------------------------------------------------------------

    I'm really not sure where to start.

    Firstly I've had no previous contact about this. After recently splitting with my girlfriend she has been sending any letters away as 'not known at this address' (anything important I have had my contact details changed to c/o my parents address).

    We've managed to patch things up and are now back together (we'd just let things get on top of us, 2013 has not been the best of years) and then this letter/form arrives.

    I do know that I had a small debt with T-mobile of less than £200 going back some time which I had one day meant to clear up. Unfortunately I have not had the spare cash to pay an amount even this tiny as I currently have an order connected to my wages from the CSA (Child support agency).

    This is a whole other story which I may approach at a later date if it is something dealt with on these forums, but, suffice to say, I love my children very much and have always done my best to make sure they do not go without. But due to the complexity of my case (i.e. I got married and divorced twice (I didn't learn the first time)) it meant that as both of my ex wives could not agree on how the case was to be handled, it had to go through the CSA and my first ex wife (who is still pretty bitter after 14 years) demanded that it be dealt with via an attachment of earnings order. (Unfortunately during a period of depression during the second split I lost my job and missed a few payments, Hence the order) . I'm going off track a little here but basically the order takes the maximum amount allowed by law from my wages already. There are government guidelines that state I still need a minimum amount to live on myself. They can take 25% of my earnings for my children and then more up to the maximum 40% to clear my debt.

    So trying to get back to my original query, what do I do now? I don't own any property, a car or anything of any real value, I live with my girlfriend in her house, we are not married, she has a mortgage, we live together as a married couple and simply put all our money into one pot each month and pay the bills. She lost her job last month and is finding it difficult to find another, she's only ever done one type of work her whole life and has now been priced out of that by companies sending work abroad as its cheaper, plus, she's the wrong side of 50 now (I can say this as she's not reading it) and of course that does not help when looking for work.

    I hope I've not gone too far off track here, I've tried to add as much info as possible but please let me know any other details required to help me get the right advice.

    Sorry for the super long first post, I am working from home today in the hope that I can try to get something sorted with this as by my calculations I only have 5 days (inc today) left to reply. I would like to try to get this sorted today if possible as I may not have much time later in the week to do much as it will be very busy at work and I have to be careful there too as they are trying to get rid of me at the moment (another long story, lots of time off following an operation, and they're trying to say I am no longer 'capable' of doing my job). As I said, 2013 has not been a very good year.

    Many thanks for taking the time to read my post if you've got this far.

    JD
    Tags: None

  • #2
    Re: Received a form N1CPC, what do I do now?

    Hi and welcome, firstly, what is the date on the claim form ?
    #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

    Comment


    • #3
      Re: Received a form N1CPC, what do I do now?

      Okay, so you had a £200 ish TMobile debt back in 2009 which hasn't been paid, and has somehow escalated to £780 .... plus the court costs and statutory interest.

      So we need to get a breakdown of the account and find out how it has increased so much over the last 4 years. Just because it is 'unregulated' doesn't mean you aren't entitled to see a copy of the agreement the debt is based on and how that debt is made up.

      A CPR 31.14 request will probably be refused by BW Legal in the first instance, but we should ask for a copy of the agreement as that is what they are relying on in their particulars of claim. We should also put them to proof of how the debt is made up - do you have anything showing on your credit file, the amount of the default for example?

      If they are awkward over the CPR then you could enter a partial admission and put them to proof of the rest of the debt, but to do that you'll need a more precise figure of how much the debt was when you defaulted.

      If you did end up with a CCJ then you would apply to pay via instalment and that instalment amount would be an affordable amount each month based on your income and expediture.

      Another point, their text on the claim form ''Claim for the sum of 905.41 being moneys due from the defendant to the claimant under a non-regulated communications...'' is incorrect, the claim should read '''Claim for the sum of 578.26 being moneys due from the defendant to the claimant under a non-regulated communications...'' THEN list the statutory interest, court costs and solicitors fees.

      So there's £300 ish unaccounted for at the moment - then the stat interest on the actual debt, court costs and sols fees.

      ( Make a post in the Family Law section of the site regarding the CSA issues )
      #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

      Comment


      • #4
        Re: Received a form N1CPC, what do I do now?

        Many thanks Amethyst

        the issue date on the form is 02/12/13 and I got it about a week after that.

        Comment


        • #5
          Re: Received a form N1CPC, what do I do now?

          Also have just tried to gain access to my credit report on the experian website and it wants me to pay a £14.99 a month subscription. Is there another way I can gain access to this? They say you can cancel but I bet they don't make it easy.

          Comment


          • #6
            Re: Received a form N1CPC, what do I do now?

            Ref the date - good, you get 5 days for service so thats the 7th, then 14 days to acknowledge, so you can get your acknowledgement of the claim in now and that will extend the time you have to sort out a defence/offer to the 4th ish January (28 days from 7th Dec). You should be able to do it online, tick 'intend to defend in full' - it doesn't matter if you later change your mind it is simply to give you those extra couple weeks to get sorted.
            #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

            Comment


            • #7
              Re: Received a form N1CPC, what do I do now?

              Originally posted by Johnny Disco View Post
              Also have just tried to gain access to my credit report on the experian website and it wants me to pay a £14.99 a month subscription. Is there another way I can gain access to this? They say you can cancel but I bet they don't make it easy.
              Experian - it is a case of emailing them to cancel and they are pretty good at it - I've not had any problem anyway.

              The alternative is to write in to them with a statutory fee of (I think) £2 to obtain a printed post copy of your credit report. There's other services too such as annualcreditreport and equifax, have a google
              #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

              Comment


              • #8
                Re: Received a form N1CPC, what do I do now?

                Originally posted by Amethyst View Post
                Ref the date - good, you get 5 days for service so thats the 7th, then 14 days to acknowledge, so you can get your acknowledgement of the claim in now and that will extend the time you have to sort out a defence/offer to the 4th ish January (28 days from 7th Dec). You should be able to do it online, tick 'intend to defend in full' - it doesn't matter if you later change your mind it is simply to give you those extra couple weeks to get sorted.
                Ok, I've done this bit online, printed and saved a PDF copy, that should buy me some time to get onto the rest. Time to finish my work for the day (don;t want to upset my employer too much) and then return to look at this later. I've also registered with the annual credit report place and printed that off. Don;t think it shows half as much as I remember experian showing, will have to fire up my old PC as I think I may have an old copy of that one saved on there. Will let you know.

                Thanks again for your help.

                Comment


                • #9
                  Re: Received a form N1CPC, what do I do now?

                  Originally posted by Johnny Disco View Post
                  I live with my girlfriend in her house, we are not married,
                  Third time lucky? :rofl:

                  lots of time off following an operation,
                  A vasectomy? :grin:

                  Comment


                  • #10
                    Re: Received a form N1CPC, what do I do now?

                    Originally posted by CleverClogs View Post
                    Third time lucky? :rofl:


                    A vasectomy? :grin:

                    lol, time will tell if 3rd time lucky or not.

                    and a vasectomy might have been cheaper, or a big screen tv

                    but carpal tunnel decompression (which is supposed to be a simple op with a quick recovery)

                    Comment

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