Northampton county court letter help!

rebel260

Hi, This is my first post on here so here goes!. I have just recieved a claim form from Northampton ccbc claiming £14422.32 from an alleged debt that was proved to be non valid because of an aplication form was all they had in the way of a cca. The original alleged debt was for £9966 with interest from the 1st sept 06.. What do I do now?. I have never had one of these before.

nottoolate

would be advisable to ask for help here http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?170-Legal-Issues

antrobus

If the "alleged debt" has already been "proved to be non valid", what are you worried about? Don't you just turn up at Northampton County Court, produce your proof, and get the case dismissed?

Otherwise, see a solicitor.

rebel2

antrobus wrote: »

If the "alleged debt" has already been "proved to be non valid", what are you worried about? Don't you just turn up at Northampton County Court, produce your proof, and get the case dismissed?

Otherwise, see a solicitor.

Ok but what would I put in the box to defend myself?. I know of no valid debt to this dca?. I went through the whole proccess to prove it wasnt a valid document they sent me. The original DCA I proved all this too passed it on to this new one who I have had no dealings with at all!. How would I word the letter?

FireWyrm

Standard 'not my debt' letter. If you have the proof, that's all you need. This debt doesnt belong to you, you've gone through the whole rigmarole and any further contact from this new DCA is now harrassment. Alternatively, as Antrobus says, go to court, show your proof, get the case dismissed once and for all and if you can, get the DCA reprimanded for not adhering to collection guidelines. The onus of proof is on the DCA to prove you are the debtor, not for you to prove you are not. If this does go to court, they'll have an uphill struggle, especially as you have been through all of this once and have the paper to prove it.

taffy056

You could always photocopy the proof of it being not your debt and sending it to the DCA, inform them you will be using it in your defence and if they don't stop the claim you will be asking for costs etc when you win. If you send it recorded and keep the receipt for doing so it will actually show the judge that you have done everything possible to stop this proceeding.

nottoolate

i think they mean non valid because it isnt signed or has the prescribed terms. that is different to non valid because its not your debt

so possibly a case of arguing its not enforceable rather than denying the debt outright?

fatbelly

antrobus wrote: »

If the "alleged debt" has already been "proved to be non valid", what are you worried about? Don't you just turn up at Northampton County Court, produce your proof, and get the case dismissed?

You complete the N9b putting the reasoning in as your defence in section 3. You should be able to do this online.

The claim is deemed to be served 5 days after issue and you have 14 days to respond from then. Don't miss the deadline or you get a default judgement.

Ifyou need an extra 14 days you can acknowledge service.

If the claimant disagrees then there would normally be a hearing. This would be at a court local to the defendant

Most of these cases never get tested in court so this is a great opportunity to get a judge to confirm that this debt is unenforceable.

rebel260

Yes it is a question of not all the terms on the cca. I was told by verious people that what I had recieved was not enforcable and was merly an application form. Would you put this on the defence section of the court form and send the same statement to the DCA?

Bravehearted_2

"You were told by various people rah rah rah"

How is this a proper valid argument? Did you write in and state the reasons why the debt isn't valid? And did they acknowledge?

Dave down the pub telling you it's an application as opposed to a CCA doesn't make it go away. Jeez step up will ya, else watch them get a judgement against you.

rebel260

I posted the cca on the consumer action group site around 3 years ago. They all seemed to be in agreement the document did not have all the prescribed terms and was an application form. All the relevent letters were sent to the dca and they went quiet for a considerable time.