Claim form?!?!?!?

loz01_2

Dear All,

apologies for jumping straight in with a new thread but I require some pretty swift advice.

I received some paperwork in the post yesterday, it was from Northampton County Court and on the top it just states claim form - My first question is, is this a CCJ?

secondly it relates to bank charges imposed by RBS some 5-6 years ago!

I do not feel I should be paying this as I used to work for RBS,when I left I closed my account, which I had only opened as you HAD to when working for them.

I then found out, some several months, maybe even a year later, that i had gone overdrawn by about £20 and because I had never received any documentation about this - I think I had moved and as I closed the account I saw no reason to notify RBS - they had added charges meaning the debt had risen to about £600!!!!!!

Whilst I think this in itself is totally ridiculous I dont want to get into a discussion here about the wrong doings of a large national bank!

I was notified about the debt - not by RBS - but by a company called Capquest who had bought the 'debt' off RBS. They had suggested I make payment but as I thought this was outrageous I never did.

Anyway, the long and the short of it is that I have now received this court papers. I have acknowledged them, advising that I intend to contest, but could I have some comments on how you thin I should play this and if you think I am likely to be backed up by the court.

thanks, in anticipation,

Laurence.

HHH_2

bumping you up as I'm sure someone can help

loz01_2

Thank you.

ANY advice or comments would be gratefully received.

Laurence.

stapeley

I suggest you do a SAR as part of the disclosure clapquest must do IF requested in your defence . You should have also recieved a default notice from the bank and a Notice of Assignment . Without these Clapquest have no right to enforce the debt . I would suggest you go to CAG and post on their website . The will help with a defence . good luck .

loz01_2

Excuse my ignorance, but what is SAR and CAG?

thanks again for the help.

Laurence.

loz01_2

Oh ok,

how do i 'do' a SAR and what purpose does this serve. Sorry for all the questions but as I am sure you can imagine I want to get this straight in my own mind before carrying anything out.

Thanks.

loz01_2

I tried posting on the CAG, but no responses.

Who should i make the SAR too and how do I respond to this "claim form?"

thanks again for all your help.

Laurence.

RAS

Hi

Three things

1. Ring one of the debt charities here http://www.moneysavingexpert.com/loans/debt-help-plan#help and they will help you sort out the legalities.

2. if this is an attempt to get a CCj, then you need to ask for the case to be moved to your home court, get it out of Northampton as that is the bulk processor.

3. if this debt is not out of time (more than 6 years old), then you need to get a reclaim in ASAP http://www.moneysavingexpert.com/reclaim/

That way, even if you have to pay out to Crapquest, you can get the money back from RBS.

GeorgeUK

I believe you only have a limited time to respond to the claim form so this should be done asap.

You should send the subject access request to the bank so that you can get a list of all your transactions over the last 6 years. If this goes to court, then you can hopefully counterclaim for these unlawful charges to be repaid.
This thread has 2 SAR letters on it. At the bottom of the first page it requests statements and documentation for a specific account. At the start of the 2nd page is a general SAR requesting all information that the company holds on you. This should also show you when the last payment was made towards the account. If this is more than 6 years ago then the debt may be statute barred (as long as you did not acknowledge the debt in writing during that time). (5 years in Scotland) - Post 4

http://forums.moneysavingexpert.com/showthread.html?t=963087