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Received court claim form

Hi,

I started receiving requests for payment for a MBNA account from a debt collection company.
I asked for a CCA as advised on here and I was told that they didn't need to provide me with one.

This was maybe 3 years ago. I have recently started receiving letters at my new address from a different company, I ignored them as I didn't think I needed to do anything but a county court claim form has now been sent naming this second company as the claimant but also with a solicitors details on too.

I really don't know what to do. The court address is in Northampton which is miles away from me.
The particulars of claim also say that a default has been recorded in 2013 and that there was a mutual agreement to assign the debt.

I was left in such a mess by my ex and I thought I had managed to get things under control. I started with about £12000 debt and have got it down to about £4000 now, I'm still on a payment plan though.

The company on the form is IDR Finance, the solicitors is Kearns. I can't remember who the first debt collection company were but I might still have some letters.

What should I do, can I go to the court nearer to here?
Thanks in advance

Comments

  • fatbelly
    fatbelly Posts: 23,136 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Cashback Cashier
    Northampton is the County Court Bulk Centre - most commercial claims go through them. Don't worry about the hearing at this stage. If there was one, it would be transferred to your local court but there are a lot of steps before that.

    There are a few things that you will need to do now:

    acknowledge service online
    send another cca request to the claimant (unless it is exempt but if it's a loan or credit card it won't be)
    send a cpr request to the solicitor

    It's all laid out on this site, and they guys there will help you

    http://www.legalbeagles.info/forums/forumdisplay.php?105-Received-a-Court-Claim
  • dancingfairy
    dancingfairy Posts: 9,069 Forumite
    When did you stop paying the debt? Was it more than 6 years ago? ( I know you said they've said the default date was 3 years ago but obviously that may or may not be correct, it has been known for creditors to make up payments or to record defaults long after the event). If there is a 6 year period then the debt would be statute barred and you can defend based on that.
    If not, don't worry there are other options I'm sure.
    Df
    Making my money go further with MSE :j
    How much can I save in 2012 challenge
    75/1200 :eek:
  • sourcrates
    sourcrates Posts: 31,817 Ambassador
    Part of the Furniture 10,000 Posts I've been Money Tipped! Name Dropper
    First of all, do everything as advised by Fatbelly, legal beagles have a step by step guide on how to defend a court claim.

    Second, don't panic, even if it turns out you do owe the money, as long as you acknowledge all court correspondence promptly, the court will set an affordable figure of repayment, so you won't pay more than you can afford.

    Usually you will not have to attend court, everything is done by post and email.

    Don't delay as strict time scales apply here.
    I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter
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