Received a summons

Drakes

I'm currently disputing a loan company about miselling and rolling over loans two myself without the proper checks,I've asked the ombudsman two get involved which they have and they have wrote two said company informing of my disputes,I have received a response say it will take 8 week for a final decision
Here in lies my problem the debt has being sent two a collection agency which I have received a court summons two get a CCJ against me,what do I put on the claim fourm,a defence technically I owe the money's but not all the interest,or do I admit it. Do I ring the dept collection agency and tell them it's in dispute,do I put on the summons its in dispute for upto 8 weeks and ask for this time
Any help would be much appericated

andyfromotley

Whatever you do dont ignore the summons or the case will go ahead and you will get a judgement against you.

Drakes

Thanks I do understand this as I have a CCJ already against me,so have being here before but unsure as what my reply should be.i believe I can get a 14 day extension on my defence but this would not be enough time as the company said it would take 8 week for a response (it's the collection agency taking me two court not the original company)

sourcrates

Drakes wrote: »

Thanks I do understand this as I have a CCJ already against me,so have being here before but unsure as what my reply should be.i believe I can get a 14 day extension on my defence but this would not be enough time as the company said it would take 8 week for a response (it's the collection agency taking me two court not the original company)

Hi OP,

Is it Lowell by any chance ?

Go to Legal beagles website, click on "received a court claim", then ask on there.


They have a good reputation for dealing with legal issues.

[Deleted User]

Drakes wrote: »

I'm currently disputing a loan company about miselling and rolling over loans two myself without the proper checks,I've asked the ombudsman two get involved which they have and they have wrote two said company informing of my disputes,I have received a response say it will take 8 week for a final decision
Here in lies my problem the debt has being sent two a collection agency which I have received a court summons two get a CCJ against me,what do I put on the claim fourm,a defence technically I owe the money's but not all the interest,or do I admit it. Do I ring the dept collection agency and tell them it's in dispute,do I put on the summons its in dispute for upto 8 weeks and ask for this time
Any help would be much appericated

You don't technically owe the money - you DO owe the money.

There's no guarantee that you will win any case against the company and even if they agreed to refund the interest you would still owe the original loan amount.

If you don't think you owe the money, you should explain in your defense why you think that's the case. you should also mention you are in dispute with the company suing you.

Even if you get a CCJ if it eventually transpires you don't owe the money the judgement will be removed.

Drakes

The tecinally is what I still supposedly owe,this claim reverts as far back as 2007. Relating to loans totalling around 30k constantly rolling over loans,as in you still owe 1k they lend you 2k and clear original loan and you left with 1k with higher payments and more interest
I never missed any payment up until last year I owed about 2k but with interest I owe them 6.2k now with court costs they are asking 7k

Yes as you say I do owe money but I believe the amount owed is madness on the company's part knowing my income and outgoing still lent it,no gun two my head I agree,but it was my only option or so I thought at the time two make ends meet

But the issue is irrevenlt as two how I got here all I want two know is what two reply on the claim fourm,a defence an admission,do I ring the company making the claim and ask for more time.

I simply want the investigation two run its course then what ever the outcome I will face,so do I respond two the claim a defence purely I'm in disputed threw the ombudsman with this company

National_Debtline

Hi Drakes,


If you believe you owe some of the money but not the full amount claimed you would file the Defence and the Admission form. I would suggest you start by sending the Acknowledgement of Service form because that will get you a bonus 14days to file your final response. You would complete the Admission form and specify what you believe is correctly owed and make a monthly offer to repay (assuming you cannot clear that amount in a lump sum) and then complete the Defence form for what you believe is being incorrectly claimed and why.


You will probably want some legal advice about whether you have a legal defence against the money owed. Technically, the creditor shouldn't have started enforcement action when the debt is in dispute but now the claim forms have arrived you will need to deal with them. We have a factsheet that may help you with this, you can view that here. Good luck,


Laura
@natdebtline