Please help / advise - N1CPC received. Need to avoid CCJ

[Chapson]

Hi everyone, & sorry my first post is a call for help.

I've received a N1CPC form from Northampton County Court, (Claimant Cabot Financial (UK) Limited via Restons Solicitors).

This related to an old Credit Card debt I ran up with my ex partner. The card was in my name, so I appreciate I am responsible however I have not made any payments /or acknowledged this debt since late 2011 / early 2012 as my ex & I have not been able to work out who was paying what on all of our debts. To be completely honest, this debt (just over £3k +court & solicitors costs) was ignored and I've only received the court form as it was sent to a family member's address. I certainly cannot validate the amount claimed.

I've read the advice on the forums to contest the debt and send the 2 letters however with my line of work, I need to avoid a CCJ at all costs otherwise my job could be at risk. Is contesting the best way to go or should I attempt to set up a payment plan and accept the amount claimed?

I appreciate this is my fault so please do not judge me for that but any help and advice anyone can give is greatly appreciated.

Thank you in advance

[stevemLS]

Re: Please help / advise - N1CPC received. Need to avoid CCJ

If you accept that the debt is yours and avoiding a CCJ is critical to you then perhaps making an arrangement to pay is the best option.

If they won't withdraw the claim, you can enter into a Tomlin agreement which effectively stays the claim and is conditional on your maintaining the agreed payments. No CCJ is registered.

However, you are certainly entitled to a statement showing how they have arrived at the sum of the claim.

[nemesis45]

Re: Please help / advise - N1CPC received. Need to avoid CCJ

Have you acknowledged service of the claim yet?
If Not do so you can do it online.
Get the CPR 31.4 request to Restons done and the CCA Request off to Cabot.

When was the account opened, when was it defaulted?

[Chapson]

Re: Please help / advise - N1CPC received. Need to avoid CCJ

Thank you both.

The account was opened in 2008 & defaulted early 2012. The credit limit was never £3k but I assume interest & charges have taken it that high. I've not acknowledged the claim as yet.

Can you expand on what a Tomlin agreement is please? Can I send the letters & contest the claim now yet still be able to make an agreement if the evidence is provided?

Thanks again. Your help is appreciated

[stevemLS]

Re: Please help / advise - N1CPC received. Need to avoid CCJ

Yes, filing the Acknowledgement of Claim (which you can do online) indicating your intention to defend does not commit you to that position. It does buy you an additional 14 days to decide what you want to do, so it is 14 + 14 + 5 days from the issue date on the claim form.

A Tomlin Order/Agreement is simply a means by which the parties agree that the claim will be stayed (that is it won't be pursued by the claimant any further) on agreed conditions, normally that the defendant pays £x/month to the debt.

Obviously you only do this if you accept that the debt is yours.

You can make such a request for an Order (with the agreement of the other side) any time before a judgment is issued.

You can send the letters and see whether you have grounds to dispute now, but do it tomorrow, and effectively negotiate how you want at any time before you enter the hearing room for the final disposal.

You MUST stick to the court timescales though, meaning you must get your Acknowledgement in within 14 days of the deemed date of service (which is 5 days after the issue date), if you don't, they can immediately get a default judgment.

[Chapson]

Re: Please help / advise - N1CPC received. Need to avoid CCJ

Sorry if I'm being stupid here - I'm just acknowledging the claim but have the following questions:

- On the Money Claims site - I have to declare my intention. Am I defending in full or or just part of the claim?

- I'm writing a CPR 31.14 letter to Restons. The particulars of Claim states the following:

"The claimant claims payment of the overdue balance due from the Defendant(s) under a contract between the Defendant(s) and Halifax dated on or about Aug xx 2008 and assigned to the claimant on Jun xx 2014 in the sum of £xxxx.xx.

PARTICULARS a/x no xxxxxxxxxxxxxxxx.
DATE 17/12/14
ITEM

[Chapson]

Re: Please help / advise - N1CPC received. Need to avoid CCJ

Sorry posted too early.! Continuing from before..

ITEM Default Balance
VALUE £xxxx.xx

Post Refrl CL NIL

TOTAL £xxxx.xx"

My question - am I just requesting a copy of the agreement / contract and assignment? Or can I also request a copy of the default notice and formal demand - neither of which I have seen.

Thanks again

[stevemLS]

Re: Please help / advise - N1CPC received. Need to avoid CCJ

State an intention to defend in full at this stage, as I said before, it commits you to nothing.

CPR31 only applies to documents which the other party has stated exist, they have only referred to the agreement and the fact of an assignment at the moment, no reference to a default notice - so you can request the contract and notice of assignment.

You need to refer to CPR31.14 which is the right to have a copy of documents referred to in a statement of case.

You need to give an "undertaking to pay your reasonable copying costs"

If/when they fail to disclose about 7 days before your defence is due, email them and invite them to agree to a 28 day extension to the deadline for you to file defence, they should agree in which case you notify the court along with their agreement. (CPR 15.5)

If they don't agree, you will file a defence based on the lack of disclosure which, of course, people here can help you with.

None of this affects your ability to change your position should you wish to at some later stage.

[Chapson]

Re: Please help / advise - N1CPC received. Need to avoid CCJ

Thank you again - much appreciated.

I've acknowledged the claim online and have also issued the CPR31.14 letter to Restons and also sent a letter to Cabot for a copy of the credit agreement. I've made a diary note for the end of this month to email / write to Restons if no response is received.

Unless I've missed anything, I'll create a new thread on the "received a court claim" forum for further advice which will undoubtedly be needed.!

[stevemLS]

Re: Please help / advise - N1CPC received. Need to avoid CCJ

No, good to go for now.

Best if you stick to this thread, when you add to it it will get bumped up - gets confusing if people can't see the whole picture.

Best wishes.

[Chapson]

Re: Please help / advise - N1CPC received. Need to avoid CCJ

Hi everyone,

i've my a response from Restons solicitors to my CPR 31.14 letter. It reads as follows.


" We would point out that the Claim was issued via the County Court Business Centre which is a procedure specifically provided for in the CPR. The procedure only allows a claimant to insert a brief details of the claim and does not allow for the attachment of any enclosures. Paragraph 5.2A of Practice Direction 7E specifically states "The requirement in paragraph 7.3 of Practice DIrection 16 for documents to be attached to the particulars of contract claims does not apply to claims started using an online claim form, unless the particulars of claim are served separately in accordance with Paragraph 5.2 of this practice direction."

we would also remind you that CPR 31.14 states: -

"A party may insert a document mentioned in -

(a) a statement of case
(b) a witness statement
(c) a witness summary; or
(d) an affidavit"

You would have been provided with a copy of the contractual terms and conditions at the time the account was opened hence we see no reason why you now require an additional copy.

Furthermore, the other documents you have requested are not "mentioned" in the Particulars of Claim and therefore CPR 31.14(1) does not apply.

Although gh your letter states that you require the requested documents in order to file a Defence / Counterclaim, we would point out that the Particulars of Claim contains sufficient information in order form ou to understand what the claim relates to, namely:

a) the date the account was opened
b) the account number
c) the outstanding balance
d) the name of the original creditor; and
e) the fact that the account has been assigned to the Claimant and when it was assigned.

Wetrust this this clarifies the matter."


I'm really sorry but this feels like a lot of words intended to confuse me so your help to decipher this and advise my next steps is very much appreciated. my assumption is they don't have the documents requested and are trying to convince me they are not necessary?

Also is there anything I need to do regarding the court?

i haven't heard from Cabot in respense to my request for a copy of the credit agreement.

Thank you again in advance

[remington]

Re: Please help / advise - N1CPC received. Need to avoid CCJ

this must be a standard letter because it is exactly word for word what I received when I sent in same request

[Chapson]

Re: Please help / advise - N1CPC received. Need to avoid CCJ

Bump - any advice appreciated please!

[Amethyst]

Re: Please help / advise - N1CPC received. Need to avoid CCJ

Hi, Yes this is a standard letter response to the CPR request - there is a second letter you can send them on the example letter post - you'll need to amend to suit what they have said - so if they have said you have adequate info tell them why you don't think you have etc.

Your name
Your address
Your postcode

Date

Claimants name
Claimants address
Claimants postcode


Dear Sirs,

Claim No: xxxxxxx
Claimant v Defendant

Request for documents mentioned in a statement of case under CPR 31.14

Thank you for your response to my request for disclosure of documents mentioned in your statement of case under CPR 31.14.

With regards to your assertion that ''we confirm this matter will most properly be allocated to the small claim track as this is a simple contractual matter and part 31 of the civil procedure rules will therefore not apply.'' I am afraid I must disagree, the case has not been allocated to a track for determination and as a consequence the provisions of CPR 27(2) have no effect and you should not seek to avoid compliance with your CPR 31 duties by claiming otherwise.

I am unable to lodge my defence and/or counterclaim at this moment as I have no information regarding the alleged debt. If you require more time in which to comply with this request you must tell me in writing and state a date by when you will comply with this request. In addition I require a statement that you agree to an extension of the time for me to file my defence. Your extension of time must be not less than 14 days from the date when you say you will have complied with my request and you must state the new date for filing my defence.

If you are unwilling to comply with my request for specific disclosure please inform me and I will consider entering an application to the court to obtain such.

In accordance with CPR 31.15(c) I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.

I look forward to hearing from you within the next 7 days.

Yours sincerely

Your Name

[Amethyst]

Re: Please help / advise - N1CPC received. Need to avoid CCJ

The CCA request is the most important one really though as without a proper response with a copy/recon of your original agreement they will be unable to enforce the debt.

When is your defence due in ? ( 33 days after date of issue printed on the claim form)