Assistance needed for my Northamton(CCBC) claim defense

[WelshBoy]

Hi,
I have read all the relevant threads posted in relation to the NCCBC and hope I have gained enough information to lodge my defense.
Taking and modifying the excellent templates offered here I need someone knowledgeable to review my submission before I send it.

I have attached the claim and my response.
I have registered on the website and am now ready to submit.

Any advise before I proceed will be very welcome.

Many thanks

[mystery1]

Re: Assistance needed for my Northamton(CCBC) claim defense

Do not send that defence. It is a terrible idea.

Have you sent a s78 request ?

Have the sent any reply to the 31.14 request ? How long has it been ?

Have you acknowledged service ?

Do you have any paperwork that they sent you such as default notice, agreement, notices of default sums, notice of arrears etc

M1

[WelshBoy]

Re: Assistance needed for my Northamton(CCBC) claim defense

Hi,
So far, nothing, no other paperwork and I've not done anything.
The Claim Form is all I have.
The original debt is almost seven years ago and I have moved several times since.
It was during a bad time with divorce & job issues when the debt was accrued.
I was planning on sending the letter to them asap and lodging with the website.
I'm hoping to get it reverted to the local court where I can attend and work out some sort of manageable deal.

Your questions:
1st both letters were lifted from here from a very similar case.
The 'defense' is just to notify that I plan to defend. I understand it's not my actual defense.

s78? What is this?
I have registered on the website with the court. Nothing more yet.
The letter to go to MKDP is attached here now.

So in a nutshell its a clean slate, I just need advice on how to proceed.
At the very least I need them to prove they own the debt.
I think I'm close to getting it statute barred but I wont know that until I see from there records when I actually made the last repayment with the original creditors.

Many thanks

[mystery1]

Re: Assistance needed for my Northamton(CCBC) claim defense

Outwith the claim, you must have had a copy of the agreement at inception, statements, default notice etc etc. You got anything at all ?

The 31.14 request is an out of date version but it'll do.

It'll end up at a local court later but you can try and deal with them at any point so i'm not sure why you want to do it at your court ?

M1

[WelshBoy]

Re: Assistance needed for my Northamton(CCBC) claim defense

Thanks M1,
It all happened a long time ago, and everything since has been lost.
Life has since found a new order, I've my own home; mortgaged, my children now live with me, I'm in a stable relationship but we don't live together.
I don't own any credit cards so if I want anything I have to save for it.

The last I recall was a letter asking if I was who I am, saying they have tracked me down. I didn't reply.
So here I am with this NCCBC Claim.

I want to prevent the automatic CCJ so I know I need to lodge a defense. I need them to provide all the details they have to prove they own this debt but most of all I need proof that the last payment made to the original creditors was over six years so that I can go for statute barred.

What is my first response on the moneyclaim site if you say my initial planned response is terrible?

Cheers,
K

[mystery1]

Re: Assistance needed for my Northamton(CCBC) claim defense

Your response depends on whats happenong.

How long ago did they get your 31.14 request ?

M1

[charitynjw]

Re: Assistance needed for my Northamton(CCBC) claim defense

s78? What is this?

It's a (s78 Consumer Credit Act 1974) request for a true copy of your original agreement, together with any/all T&C's, those from the inception of your agreement & any modifying ones which may have altered to date.

It is permissible for them to send a reconstituted version, provided that it is accurate.

The current fee is £1, & it is advisable to obtain proof of postage.

[WelshBoy]

Re: Assistance needed for my Northamton(CCBC) claim defense

I need to respond by Monday on the Money Claim site.
I still don't know what I should do.
This is a debt that is over six years since I last heard.
What exactly should I put on the defense to prevent the automatic ccj and can anyone send me a template of a current s78 application.
Do I put on the site that I have/am requesting additional info?
How exactly to I go for Statue Barred?

[trimulator]

Re: Assistance needed for my Northamton(CCBC) claim defense

Hi there, welshboy, what happened next? my situation is very similar and i was curious to know the outcome...

[WelshBoy]

Re: Assistance needed for my Northamton(CCBC) claim defense

Hi,
I submitted the forms as shown above and the court instructed them to respond. They didn't bother.
Some time after they wrote and said the case was closed.
About a year later they sold my debt to another firm who started phoning me. I downloaded the standard statute bared letter and posted it via recorded delivery. I've had a reply saying my case is again closed. I guess I will have to do this each time my debt is sold on but it's no trouble.
My credit rating is now improving helped by a number of new credit cards that I clear automatically each month.
One day I will negotiate a settlement that includes removal of the debt from my credit file but I'm in no hurry.
The MOST important thing to do is not get into any phone calls with them, do not admit ownership of the debt verbally or other means and definitely do not make any token payment no matter if it's just 1p. If you do then the statute barred is gone and you have to fight for another six years.

Hope this helps.

[mystery1]

Re: Assistance needed for my Northamton(CCBC) claim defense

Sorry i missed your last post in 2013. Glad to know it went well though.

M1