We’d like to remind Forumites to please avoid political debate on the Forum.

This is to keep it a safe and useful space for MoneySaving discussions. Threads that are – or become – political in nature may be removed in line with the Forum’s rules. Thank you for your understanding.

📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!
The Forum now has a brand new text editor, adding a bunch of handy features to use when creating posts. Read more in our how-to guide

Got first set of court papers...help!

2456

Comments

  • Blankie
    Blankie Posts: 150 Forumite
    Thanks for that Penguin83.

    Just going through all my papers now and will let you all know what i find.

    Thanks again
    Tracy
  • Blankie
    Blankie Posts: 150 Forumite
    Right.

    I've found the Default Notice and i'm already confused.

    We have 2 loans and 2 overdrafts with first direct. We sent a cca request to Metropolitan Collection Services (who i believe are FDs in house goons) highlighting both account numbers (obviously didn't bother for the overdrafts).

    The response we got back was:

    Thank you for your request blah blah blah. In response to your rights under the Consumer Credit Act:

    xxxxxxxxxxx and xxxxxxxxxxxxxxx (both account numbers).

    Copies enclosed.

    BUT................ there was only ONE agreement.

    Then, two days later we get a letter from DG solicitors (again in house) demanding payment of £6,669.98 relating to the loan account that we received the cca for (I presume). But, this means that the amount owed on this personal loan has gone from £3834.50 on 1st Aug to £6,669.98 today!!! The other amount we owe is £2978.69.

    With court and solicitors fees this rises to almost £7,000. Now, i know they can add interest/charges on but this is ridiculous (isn't it??)

    The court papers just say 'Personal Loan' but don't state which one (ie no account number).

    How do we unpick this??

    Thanks
    Tracy.
  • RAS
    RAS Posts: 36,572 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    You need to make sure in your response to the courts that you state that is is unclear which account they are taking to court as you have multple accounts and the amount owed does not seem to relate to either account.

    THEn do a subject access request on the account for which they sent the CCA.
    If you've have not made a mistake, you've made nothing
  • 10past6
    10past6 Posts: 4,962 Forumite
    Blankie wrote: »
    How do we unpick this??
    Give me 2 mins Tracy
    Click here for Martins (MSE) advice on who to contact with Debt Issues - YOU HAVE NO REASON TO USE A FEE PAYING DEBT MANAGEMENT COMPANY- THEY CANNOT DO ANYMORE FOR YOU THAN THOSE LISTED IN MY LINK ABOVE.

    All information given by myself is offered informally and without prejudice - if in doubt seek help from a qualified and insured professional
  • 10past6
    10past6 Posts: 4,962 Forumite
    Tracy

    I want to concentrate on the default notice for a minute.

    The default notice will have a date it was generated, and a date to fix theremedy by, what are those dates please?
    Click here for Martins (MSE) advice on who to contact with Debt Issues - YOU HAVE NO REASON TO USE A FEE PAYING DEBT MANAGEMENT COMPANY- THEY CANNOT DO ANYMORE FOR YOU THAN THOSE LISTED IN MY LINK ABOVE.

    All information given by myself is offered informally and without prejudice - if in doubt seek help from a qualified and insured professional
  • Blankie
    Blankie Posts: 150 Forumite
    10past6 - The 'date of signature' was 1 Aug 08 and the fix by date is 15 Aug 08.
  • 10past6
    10past6 Posts: 4,962 Forumite
    Blankie wrote: »
    10past6 - The 'date of signature' was 1 Aug 08 and the fix by date is 15 Aug 08.
    OK, let me confirm, the date at the top of the letter is 01st, and date to fix the remedy is 15th?
    Click here for Martins (MSE) advice on who to contact with Debt Issues - YOU HAVE NO REASON TO USE A FEE PAYING DEBT MANAGEMENT COMPANY- THEY CANNOT DO ANYMORE FOR YOU THAN THOSE LISTED IN MY LINK ABOVE.

    All information given by myself is offered informally and without prejudice - if in doubt seek help from a qualified and insured professional
  • Blankie
    Blankie Posts: 150 Forumite
    Yes, thats right. Sorry to confuse you - i was just trying to be as accurate as possible.
  • 10past6
    10past6 Posts: 4,962 Forumite
    OK, well that on it's own makes the default notice defective, which I'll explain about, do you have a scanner, if so, can you scan the default notice up so I can view it, but remove your personal details
    Click here for Martins (MSE) advice on who to contact with Debt Issues - YOU HAVE NO REASON TO USE A FEE PAYING DEBT MANAGEMENT COMPANY- THEY CANNOT DO ANYMORE FOR YOU THAN THOSE LISTED IN MY LINK ABOVE.

    All information given by myself is offered informally and without prejudice - if in doubt seek help from a qualified and insured professional
  • Blankie
    Blankie Posts: 150 Forumite
    I do. Just give me a few minutes to remember how to use it.
This discussion has been closed.
★ ★ ★ Meet your Ambassadors

🚀 Getting Started

Hi new member!

Our Getting Started Guide will help you get the most out of the Forum

Categories

  • All Categories
  • 354.4K Banking & Borrowing
  • 254.4K Reduce Debt & Boost Income
  • 455.4K Spending & Discounts
  • 247.3K Work, Benefits & Business
  • 604K Mortgages, Homes & Bills
  • 178.4K Life & Family
  • 261.5K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 16K Discuss & Feedback
  • 37.7K Read-Only Boards

Is this how you want to be seen?

We see you are using a default avatar. It takes only a few seconds to pick a picture.
Update Your Picture