Northampton County Court claim received

[Foxyflugel]

Re: Northampton County Court claim received

Hi Mystery - email who a transcript of the conversation? I did the online AOS on 3/12/13.

The amount is approx £8.5k but I am confused slightly - as a solicitor successfully dealt with a credit card matter for me last year and at the time of default it was exactly (to the penny) the amount of this claim!! Just think this is extremely coincidental for it to be the exact amount.

I will try again tomorrow but I'm already feeling frustrated as I can't make them put me through to the claim handler :-((

[mystery1]

Re: Northampton County Court claim received

28th November claim form plus 5 for service and 14 days for AoS. I assume you did acknowledge service and therefore you get a total of 33 days from 28th November to defend.

I make that 31/12/13

So as to today, you need to email them a transcript of the chat so you can use this as evidence later on.

Tomorrow you need to do it again but be more assertive. Let them know that you will be forced to apply to the court if they will not be forthcoming. Tell them in light of the Jackson reforms and the Mitchell case the courts expect both parties to help move the claim forwards to identify the issues at hand so as to limit the work of the court. Any deliberate failures such as you experienced today will likely be frowned upon. The rules allow for disclosure and it's in their own interest tofollow the rules rather than have the court force them to follow as it'll get expensive for them pretty quickly.
How much are we talking about roughly ?

M1

[Foxyflugel]

Re: Northampton County Court claim received

Mystery 1 - I called them today and the young lady refused to put me through to anyone and insisted on knowing what I was calling for. I told her and she toddled off and came back to the phone and said that 'they' had said I had to call Arden CM as they would be dealing with my request letter. I then said that surely it was them who should be dealing with it as they are the solicitors acting on the behalf of the creditor. No joy!!

I called Arden CM and - yet again - the person would not put me through to their litigation department. He confirmed that they had received my letter from Earlswood on 5/12/13. The guy came back to the phone and said that the litigation department had told him to advise me that I would be getting further documentation from the court - I questioned if this would be the documents I requested and tbh - he just seemed to be fobbing me off. He said they would confirm in writing that they had received my request..mmmm.

Any suggestions?? - as I feel like I've just been fobbed off today as no-one in seniority would talk to me. :-((

When is my deadline for my defence??

Thanks :santa2:

[Foxyflugel]

Re: Northampton County Court claim received

Ooooppppppps Oh poo. Could be worse, I could of left my full name and address on. Thanks for removing it Amethyst :reindeer:

[mystery1]

Re: Northampton County Court claim received

Hi everyone

How long do I wait for a response from the solicitors?? I sent the CPR 31.14 request on 3rd December - 1st class recorded.

Thanks :santa_smiley:

You don't wait. Monday morning you phone and ask the claim handler why thet have failed to comply with your request and when they will. Once you've listened to the bullshit you'll no doubt get in reply tell them they have 3/4 more days and tell them you want written confirmation that they agree to an extension for YOU to file your defence of 28 days and you want the actual date confirmed in writing.

M1

[Amethyst]

Re: Northampton County Court claim received

removed LBA as identified poster xx

Re: Northampton County Court claim received

I have posted the agreement that I received (minus several pages of t&cs) and the letter I received from the solicitors.

Dear Miss B,

You have left your name visible on the Letter Before Action.

Also, the pages of terms and conditions could be important as, if they were dated later than the agreement, the creditor will not have complied with your s77 request.

[Foxyflugel]

Re: Northampton County Court claim received

Hi everyone

How long do I wait for a response from the solicitors?? I sent the CPR 31.14 request on 3rd December - 1st class recorded.

Thanks :santa_smiley:

[Foxyflugel]

Re: Northampton County Court claim received

Hi everyone

Apologies for the delay. I have posted the agreement that I received (minus several pages of t&cs) and the letter I received from the solicitors.









Thanks all. :santa2:

[Gorang]

Re: Northampton County Court claim received

Foxy

can you scan and post up the FD letter and the DN if you find it (Minus any of your personal details) as well please as companies have been known to completely screw these up while/If they have conjured them up from a Paul Daniels kit

And from what you have said they don't sound right to me, so more eyes on them the better I think as someone may spot something else wrong with them, you never know

[Foxyflugel]

Re: Northampton County Court claim received

In answer to your questions - no PPI - and the default on my credit file is in Britannicas name.

I received a letter from Egg in June 2011 (that is the date on the letter!) saying it was to be transferred to Brittanica.

I then received a letter from Britannica dated 24/6/11 saying pretty much the same.

I have been chased by various agencies - Arden this year - receiving a final demand in October from them - also Collect Direct (from Jan 2011) - in March 2011 they offered me a £2k settlement discount.

The letter from the solicitors was dated 18/11/13 and said I had 7 days to pay from the date of the letter - is that the Formal Demand???

DN - I'm not sure as I will have to root through some more paperwork - I always keep everything but my filing is way behind.

I'm slightly confused as I have also found the agreement they sent me - it was May 2010. It looks like a computer generated form and has a tick in the box for a signature - it came with printed terms and conditions.

I find this very strange as my partner at the time took out a loan with them in Nov 06 and his copy agreement is actually signed and also has the terms and conditions printed - this he received a week later than I received mine.

Additionally, the payments that they state on the Notice of sums in arrears are not the same amount as my loan payments is this normal? Their payments say £70 pm and the loan was £275pm - may mean nothing but just something I noticed.

The amount at the time of default was exactly the same (to the penny!!) as a Citicard I had which (with a good solicitors services) they withdrew from court - is this just coincidence or could they have got the OC wrong??? It's just got me thinking - maybe it's a little too late and I'm overthinking this.

Will scan and post up the agreement tomorrow.

Thanks again for everyones input.

Foxy :santa2:

[Gorang]

Re: Northampton County Court claim received

Hi Goran and many thanks for your reply.

The formal demand was dated the 18th November (as they said in POC) - so that makes the time frame even less!! The default is under the name of Britannica. Will look for other docs.

Sorry my mistake

So that makes it even worse as gives you even less time to rectify the Demand ONLY 8 clear days, WITHOUT allowing for postage days

I will go back and edit my post above so not to cause any confusion for others looking in or checking the timeline

[FlamingParrot]

Re: Northampton County Court claim received

Hi Goran and many thanks for your reply.

The formal demand was dated the 18th November (as they said in POC) - so that makes the time frame even less!! The default is under the name of Britannica. Will look for other docs.

When you say it's in the name of Britannica, are you referring to your credit file? Or was the DN issued by Britannica?

Was there any PPI on the loan?

[Foxyflugel]

Re: Northampton County Court claim received

Hi Goran and many thanks for your reply.

The formal demand was dated the 18th November (as they said in POC) - so that makes the time frame even less!! The default is under the name of Britannica. Will look for other docs.

[Gorang]

Re: Northampton County Court claim received

Hi Foxy

So the timeline is

Oct 2006 started for 72 months (6yrs) which made last payment due on Sept 2012
April 2010 you made last payment
Jan 2011 they registered the default (8 to 9 months later..is over the 6 months...not a very strong point for a defence on its own)
July 2011 Egg sell debt to Britannica Recoveries
18 Nov 2013 Formal Demand issued
28 Nov 2013 Summons (Mmmmm Only 16 days after the formal demand is made, that seems a bit quick to me as I would of thought you would need 14 clear days + postage days, but I could be wrong with this)

we need to start to look at

The Agreement
The DN notice
The Notice of assignment
The CPR processes before they file the claim (ie.LBA)

Did Egg issue a DN (Default Notice) to you??
Did either of them give you a NOA (Notice of Assignment)???
Did you get the Formal Demand Notice???