Help - Court Papers Recieved

louietudor

plus just found this

Section 2 removes the £25,000 financial limit below, which the Consumer Credit Act currently
applies. All consumer credit and consumer hire agreements will be regulated by the Consumer
Credit act.
With these exceptions
• A high net worth exemption: For this exemption to apply, the debtor must be a
natural person with earnings or assets over a threshold. The credit agreement will
need to include a declaration that the person is willing to forgo the CCA protections.
In addition, the creditor must obtain a current "statement of high net worth" in relation
to that person from a suitably qualified third party before entering into the agreement.
• Loans below £25,000 to businesses: This exemption effectively re-imposes the
current £25,000 financial limit for loans entered into by the debtor "wholly or
predominantly" for the purposes of a business carried on (or intended to be carried
on) by him. There will need to be a form of declaration in the agreement to this effect,
which will then result in a presumption that the business exemption applied to the
agreement unless the creditor (or someone acting on behalf of the creditor - e.g. a
broker) knew or had reasonable cause to suspect that the agreement was not being
entered into for business purposes.
• Unless one of these exemptions applies, then loans of any value will now be
regulated by the CCA. Credit agreements, which are currently unregulated, will
(unless varied in some way) remain unregulated.
2.3 Post

10past6

Yummy-mummy wrote: »

No, the loan on its own is £31k :eek:

Loans over £25.000 are excluded from CCA, however, it all depends on what paper they've sent you.

10past6

Yummy-mummy wrote: »

I've spoken to Payplan who've told me what bits to fill in and then to send the forms to them

My advice?

DON'T AT THIS STAGE SEND ANYTHING TO THEM, until we know what the true state of your case is.

Yummy-mummy

10past6 wrote: »

My advice?

DON'T AT THIS STAGE SEND ANYTHING TO THEM, until we know what the true state of your case is.

Any advice you can give would be greatly appreciated.

YM x

10past6

If you contact Payplan, they WILL admit the debt rather than dispute it.

Can you either post up the POC (Particulars of Claim) or PM me so I can see them please?

Yummy-mummy

10past6 wrote: »

If you contact Payplan, they WILL admit the debt rather than dispute it.

Can you either post up the POC (Particulars of Claim) or PM me so I can see them please?

The POC reads as follows:

The claimants claim is in respect of monies due pursuant to an account maintained with the claimant.

and the claimant claims:

1. 31,275.23

10past6

Yummy-mummy wrote: »

The POC reads as follows:

The claimants claim is in respect of monies due pursuant to an account maintained with the claimant.

and the claimant claims:

1. 31,275.23

Is that it?

Has the claim form come from Northampton?

Yummy-mummy

10past6 wrote: »

Is that it?

Has the claim form come from Northampton?

Yes, that's all it says and it is from Northampton.

10past6

What paperwork did RBS / Incannso send you BEFORE you received court papers.

Yummy-mummy

10past6 wrote: »

What paperwork did RBS / Incannso send you BEFORE you received court papers.

Between July 08 and January 09 both DH and myself received several identical individual letters from RBS all saying basically the same - the accounts were in arrears, they acknowledged the situation we were in and would accept the payment arrangement made through Payplan.

At the end of Jan, DH received a letter from Triton Credit Services confirming they had been instructed to collect the debt on behalf of RBS. I rang Triton and they confirmed that the payment arrangement had been agreed and payments were being accepted.

At the beginning of Feb I received a letter in my name only from Incasso stating they were instructed by RBS and giving me 7 days to pay the full amount. Payplan sent them our proposal but obviously they are not happy with it hence the court papers received today which again, are in my sole name only.

RBS did send us individual "Notice of Default Sums" for the overdraft debt in Jan of this year. These don't actually state the amount o/s but shows a charge of £30 which is a Default Notice Fee. They don't look anything like the other defaults we've received from our other creditors.