court papers and a headache

shed_head_2

I have court papers to fill in I have laready got to the stage of sending back the awknowledgement. Now have to fill in the part I dmit some and defend the rest. So I owe a large amount to cap one. They sold me a PPI which I am saying they misssold.

I took the card at a time when they ahve already been fined for missselling.
I was not working at the time and did not start working again untill the account went into dfault.

I am still waiting to hear from cap one how much I paid in PPI and if they will allow my claim and pay the money back.

Can anyone help to word this on the court paper as they are asking for exact amounts and I do not know them.


Shed head

PNPSUKNET

I wouldnt fill this section in, I would defend not admit on this evidence personally as a defence

10past6

Have I assisted you previously with this claim?

shed_head wrote: »

Can anyone help to word this on the court paper as they are asking for exact amounts and I do not know them.

You need to request the claim be set aside due to a disputed amount, include all relevant documentation as to why it's a disputed amount, the court cannot make an award on a disputed amount.

Be careful how you proceed, if you “admit” the debt but dispute the amount, there's no getting away from the fact you've admitted the debt, you can dispute the amount which means you've admitted the debt but disagree with the amount, or you can deny the debt on the basis the claimant has not complied with legislation, of course, that depends on the legality of any default notice issued.

As regards your PPI claim, you should make a “Formal Complaint” to the creditor re your PPI claim, give them 14 days to reply, you require something along the lines of “This is our final response” prior to seeking independent adjudication.

shed_head_2

Yes you and I talked via pm about 2 weeks ago
I had to awknowledge service to give an extra 14 days to defend the amount.
I am convinced they would not have a true CCa however the moral part of me knows that I owe some of the money and want to be able to pay it back. but at a rate that I can afford. I am hopiong the court will allow me to do this. My thoughts are all very messy in relation to this debt. I am angry with Cap one cause they had refused to even begin to try and resolve the issue then they passed it on to a DCA who also said they would accept £800 a month for it not to go to court. I do not have that amount of money so here I am with the CCJ etc.

I filled in the bit that said I intended to defend part of this claim.

Now I have to fill in the part that I admit and the part that I defend and why. IT wants exact amounts which I do not know.
hence the dilemma

Shed

10past6

shed_head wrote: »

the moral part of me knows that I owe some of the money and want to be able to pay it back

Forget about morals, some creditors don't have morals, play be their rules

shed_head wrote: »

but at a rate that I can afford. I am hopiong the court will allow me to do this

The purpose of seeking a CCJ is to “secure” the debt, once a creditor has obtained a CCJ 99.9% of the time, most claimants are satisfied.

Should a CCJ be awarded against you, a payment plan should be set up allowing you to pay by monthly instalments, once in place, it's to be treated as a “priority” debt, failure to adhere to the court order would place you in breach of the CCJ and could give the claimant an opportunity to enforce the debt.