Got first set of court papers...help!

Blankie

Ok will get that sent off tomorrow. Thank you.

10past6

Blankie wrote: »

Yes i'd been doing some reading this week and noticed that NOT was wrong (but the judge may think that is trivial)

Legislation is laid down to protect the consumer, providing you show the judge where they've failed, you should be OK

Blankie wrote: »

We have had NO termination letters.

On the court papers (N1) is the claim for the WHOLE amount?

Blankie wrote: »

What do i do now??

Send the acknowledgement off

Blankie

Not sure sorry if its for the whole amount, i'm really confused about the figures as they bear no resemblance to our first direct debts or the figures stated on the DG Solicitors letters. We received two letters stating "our client has instructed us to take legal action in the county court to recover this debt" but the court papers only relate to ONE of the figures (which do not relate to our debt).

10past6

Blankie wrote: »

Not sure sorry if its for the whole amount, i'm really confused about the figures as they bear no resemblance to our first direct debts or the figures stated on the DG Solicitors letters. We received two letters stating "our client has instructed us to take legal action in the county court to recover this debt" but the court papers only relate to ONE of the figures (which do not relate to our debt).

OK, well if you can't make head or tail of the figures that again will be issued within your defence.

The figures can be agrued about, what cannot be argued about is them not following the correct legislation when issuing a default notice

Blankie

Ok, so will get the acknowledgement off tomorrow - still have some time for this as the form says that we have 14 days from the day of service, this being 5 days after the issue date (which was 14 Jan), i have that as 2nd Feb, but I guess its just the acknowledgement anyway.

Just one last question for now - at what point is the hearing moved to our local county court??

RAS

Northampton are a bulk processor. I sometime wonder if the judge even looks at the paperwork before granting what the DCA want.

At your local court you can argue your case and you will get a much more favourable sum agreed as a rule.

lemma1968

Obtaining a SAR (subject access request) may assist in clearing up the issue re the figures. They have to send you everything that has been actioned on the account concerned.

MCS are HSBC's in house debt collectors so obtaining the info should not be too much of a headache for them.

Make sure you file your ackowledgement in time though.

Worry about the defence AFTER you have sent off the Acknowledgement.

You have had some really good advice here.

Remember you can also make an appointment and obtain free legal advice from your nearest Law Centre.

Ref: https://www.lawcentres.org.uk for more info.

But get your acknowledgement done asap!;)

Good luck x