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    • rbritish
    • By rbritish 9th Apr 17, 6:42 AM
    • 25Posts
    • 5Thanks
    rbritish
    Court letter but no default notice on file
    • #1
    • 9th Apr 17, 6:42 AM
    Court letter but no default notice on file 9th Apr 17 at 6:42 AM
    Hiya

    Can anybody help please?
    I have received a Claim Form from Northampton County Court issued through Shoosmiths Solicitors on behalf of Arrow for the sum of 2,427.02 on an old debt bought by Arrow in 2008.
    I was paying Arrow 1.00 per week up until 3 years ago and because of mental health problems and changing bank stopped. Been a rough time.
    They have never written to me and I have had no default notice letters and there are no defaults or any mention of the debt to Arrow on any credit files. It is clean.
    Do they not have to go through the default process before Court action? I assume the original lender MBNA did but it has since dropped off.
    Thank you.
    RICHARD.
Page 1
    • zx81
    • By zx81 9th Apr 17, 6:48 AM
    • 11,603 Posts
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    zx81
    • #2
    • 9th Apr 17, 6:48 AM
    • #2
    • 9th Apr 17, 6:48 AM
    It sounds then as if the default had already been registered by MBNA.
    • rbritish
    • By rbritish 9th Apr 17, 7:03 AM
    • 25 Posts
    • 5 Thanks
    rbritish
    • #3
    • 9th Apr 17, 7:03 AM
    • #3
    • 9th Apr 17, 7:03 AM
    Hi ZX81

    Thank you. Does Arrow not need to default me too before Court Action? If I get a CCJ I will just have to deal with it.
    Thanks.
    RICHARD.
    • zx81
    • By zx81 9th Apr 17, 7:06 AM
    • 11,603 Posts
    • 11,605 Thanks
    zx81
    • #4
    • 9th Apr 17, 7:06 AM
    • #4
    • 9th Apr 17, 7:06 AM
    No. An account can only be defaulted once.
    • Jaglad111
    • By Jaglad111 9th Apr 17, 9:52 AM
    • 29 Posts
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    Jaglad111
    • #5
    • 9th Apr 17, 9:52 AM
    • #5
    • 9th Apr 17, 9:52 AM
    I had an 'official' county court document drop through the letter box many years ago, I rang the court and they had no record at all of the hearing. I rang the debt collectors and called them out on it, last I ever heard of that debt. But that was before regulations tightened up on the bully boy tactics.
    • sourcrates
    • By sourcrates 9th Apr 17, 2:33 PM
    • 10,568 Posts
    • 10,351 Thanks
    sourcrates
    • #6
    • 9th Apr 17, 2:33 PM
    • #6
    • 9th Apr 17, 2:33 PM
    They should of gone through the pre-action protocol though, have they written to you before asking you to settle the debt or face court action ?

    Because they should of done.

    However the breach is more of a technicality, rather than a show stopper, so you must decide a course of action to take, within the time scales allowed.

    Some good help is obtainable here :

    http://legalbeagles.info/forums/forumdisplay.php?105-Received-a-Court-Claim
    I'm a Board Guide on the Debt-Free Wannabe, Credit File And Ratings, and
    Bankruptcy And Living With It, boards. I'm a volunteer to help the boards run smoothly, and I can move and merge posts there.
    Board guides are not moderators and don't read every post. If you spot an abusive or illegal post then please report it to forumteam@moneysavingexpert.com. Any views are mine and not the official line of MoneySavingExpert.com.

    For free debt advice, contact either : Stepchange, National Debtline, or, CAB.
    For Legal advice see : http://legalbeagles.info/
    • Tarambor
    • By Tarambor 9th Apr 17, 4:57 PM
    • 669 Posts
    • 418 Thanks
    Tarambor
    • #7
    • 9th Apr 17, 4:57 PM
    • #7
    • 9th Apr 17, 4:57 PM
    Do they not have to go through the default process before Court action?
    Originally posted by rbritish
    No. You had an agreement and I suspect part of that agreement you stopped paying a few years ago would be a line that failure to comply with it could result in court action which is what they're doing.
    • sourcrates
    • By sourcrates 9th Apr 17, 6:09 PM
    • 10,568 Posts
    • 10,351 Thanks
    sourcrates
    • #8
    • 9th Apr 17, 6:09 PM
    • #8
    • 9th Apr 17, 6:09 PM
    No. You had an agreement and I suspect part of that agreement you stopped paying a few years ago would be a line that failure to comply with it could result in court action which is what they're doing.
    Originally posted by Tarambor
    They still have to issue a default notice giving the debtor time to remedy the breach, a debt cannot be subject to legal action or sale unless this procedure is complied with.

    In this case it would appear the original creditor issued a default, which has subsequently fallen off the OP`s credit file.
    I'm a Board Guide on the Debt-Free Wannabe, Credit File And Ratings, and
    Bankruptcy And Living With It, boards. I'm a volunteer to help the boards run smoothly, and I can move and merge posts there.
    Board guides are not moderators and don't read every post. If you spot an abusive or illegal post then please report it to forumteam@moneysavingexpert.com. Any views are mine and not the official line of MoneySavingExpert.com.

    For free debt advice, contact either : Stepchange, National Debtline, or, CAB.
    For Legal advice see : http://legalbeagles.info/
    • rbritish
    • By rbritish 11th Apr 17, 7:28 AM
    • 25 Posts
    • 5 Thanks
    rbritish
    • #9
    • 11th Apr 17, 7:28 AM
    • #9
    • 11th Apr 17, 7:28 AM
    Hi Sourcrates

    No letters at all. I am on the electoral role at my address for three years now. Only letter received is the Court claim form. Filled out the A O S form online so got extra time to decide what to do.
    You are all being so helpful. Thank you.
    RICHARD.
    • rbritish
    • By rbritish 12th Apr 17, 6:39 AM
    • 25 Posts
    • 5 Thanks
    rbritish
    Hi
    I have applied to the Court for an extension to the claim and written to the creditor solicitors by recorded delivery under CPR 31.14 rules of disclosure for any documents they wish to use in the case. They have 7 days to respond. I have requested any agreements I have, the default notice, assignment arrangements and proof of formal demands.
    • rbritish
    • By rbritish 14th Apr 17, 7:39 AM
    • 25 Posts
    • 5 Thanks
    rbritish
    Hiya
    I was just wondering. If I do go to Court and lose Will there be any extra costs?

    My alleged debt already included the solicitor fee and Court cost.
    Thank you.

    RICHARD.
    • molerat
    • By molerat 14th Apr 17, 9:26 AM
    • 16,240 Posts
    • 10,408 Thanks
    molerat
    There should be other no costs, the claim form should state everything that is being requested. If you fail to pay then enforcement costs could be added which, if you watch the tv programmes, adds massively to the debt.
    www.helpforheroes.org.uk/donations.html
    • nic_c
    • By nic_c 14th Apr 17, 11:30 AM
    • 754 Posts
    • 470 Thanks
    nic_c
    There will be the judgement cost. Your claim form will stipulate the court fees and solicitor costs, but then there is judgement costs which differ if you don't respond (default judgement), complete the Admissions (judgement by admission) or the defence for which a questionnaire is then sent.
    • rbritish
    • By rbritish 16th Apr 17, 1:33 AM
    • 25 Posts
    • 5 Thanks
    rbritish
    Thanks. I am currently waiting for full disclosure of held documents from Shoosmiths Solicitors. I will be defending the claim if there is an option to do so. I will also turn up to Court and not let a default judgement be issued. Taking this bull by the horns.
    • rbritish
    • By rbritish 18th Apr 17, 7:38 AM
    • 25 Posts
    • 5 Thanks
    rbritish
    Hiya everyone

    I filled out the Acknowledgement of Service and it was received on 10th April online with the Court. Do I need to write to the creditor`s solicitor and tell them?
    Doing all this by myself.
    Thanks.
    RICHARD.
    • fatbelly
    • By fatbelly 18th Apr 17, 1:11 PM
    • 10,676 Posts
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    fatbelly
    No, they're informed by the court.

    Keep an eye on the dates as your defence must be in within 28 days after service date

    Hopefully legalbeagles are helping you
    • rbritish
    • By rbritish 19th Apr 17, 8:39 AM
    • 25 Posts
    • 5 Thanks
    rbritish
    Hi
    Everyone has been so helpful. Thank you.
    I am still awaiting disclosure from the solicitors. If I decide before the 28 days after the Acknowledgement of Service or after I have filed my defensive online before going to Court and realising the debt is mine from 2004 can I change my stance and offer monthly payments? The court website won't let me do it now as I am building my defensive.
    Thank you.
    RICHARD.
    • fatbelly
    • By fatbelly 19th Apr 17, 12:41 PM
    • 10,676 Posts
    • 7,969 Thanks
    fatbelly
    Yes but the website does now assume you are going to defend or at least do a part-admission.

    If you object to some of the interest or some of the legal costs you can offer monthly instalments on the reduced balance, and do it through the website
    • nic_c
    • By nic_c 19th Apr 17, 8:02 PM
    • 754 Posts
    • 470 Thanks
    nic_c
    The AoS gives you the extension, but if you don't mount a defence you will just get a CCJ
    • fatbelly
    • By fatbelly 19th Apr 17, 8:36 PM
    • 10,676 Posts
    • 7,969 Thanks
    fatbelly
    If I decide before the 28 days after the Acknowledgement of Service ...
    Originally posted by rbritish
    Just noticed this - it's 28 days after service date, not Acknowledgement of Service

    The Acknowledgement of Service just extends the deadline by 14 days, as long as you do the Acknowledgement of Service within 14 days after service date.

    Hope that makes sense
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