Got first set of court papers...help!

Blankie

Hi everyone.

The post-lady kindly brought us our first set of court papers today. We have a few debts and are trying to sell our house to pay them off, but it's not that easy!

Anyway I have two questions about what to do now we've reached the stage where threats have turned into court papers.

1) How do we get the court changed? We live in Cheshire, but the court papers are from Northampton.

2) The debt is £4,291.32, but they've upped it to £6,669.98 in a couple of months! I don't believe this is fair, so I'm considering only admitting part of the claim. Does this sound like a good idea? Should I just admit the original figure?

I'm feeling really upset that it's come to this because I think we'll never get a mortgage again now.

If someone could help with my questions I'd really appreciate it.

Thanks.
Tracy.

10past6

Hi Tracy

Before you do anything, could you answer the following questions

what type of debt is this for?

Did you receive a default notice

Have they terminated your agreement?

Blankie

Hi

This is for a Personal Loan we originally took out with First Direct.

They sent both our loans with them to a debt collection agency and then solicitors. We've had lots of letters from them, Arrears Notices and Final Demands.

We asked for a copy of our CCAs because the debt had changed hands, but they only sent one. These court papers refer to that one.

I hope this answers your questions.

10past6

Because this is now legal proceeding it's important you get the defence correct.

For now as this is a cyber way of chatting, it's difficult to put your mind at rest, I suggest you call *Click here* > National Debtline and get them to answer any queries you have right now, come back and post any other questions you may have.

The important aspects of your defence are going to be the default notice and CCA, if you can try and find them that would be a great start.

Blankie

Thanks 10past6. I've looked at the relevant part of that website and I'll try to work out what I've got paperwork-wise. It's all here but it's not always easy to understand.:o

10past6

I know it's very confusing, that most important aspect is not to panic.

There is a procedure they must follow as per legislation, once you are certain they've followed the correct procedure only then do you decide what part of the claim you admit to.

If they've tripped up ay any stage within the legislation that is what your defence will be based on.

RAS

Excellent advice hare and do get the case moved to your local court and attend if possible.

10past6

Thanks RAS

RAS wrote: »

do get the case moved to your local court and attend if possible.

You MUST attend court, otherwise they'll win by default, but court date will only be set once you'e acknowledged the claim, and that will only be once you know what your defence is going to be.

Blankie

I'm still not clear on how to change the venue for the court case. I can't see anything relevant on the court papers.

10past6

Tracy

At this stage you only need to acknowledge the claim, which you must do within 14 days of the date on the papers

Later on you then get 14 days in which to submit a defence.

So for now, just acknowledge that you've received the claim.

penguin83

The case will automatically be transferred to your home court on the filing of your defence x x