Court letter but no default notice on file

rbritish

Hiya

Can anybody help please?
I have received a Claim Form from Northampton County Court issued through Shoosmiths Solicitors on behalf of Arrow for the sum of £2,427.02 on an old debt bought by Arrow in 2008.
I was paying Arrow £1.00 per week up until 3 years ago and because of mental health problems and changing bank stopped. Been a rough time.
They have never written to me and I have had no default notice letters and there are no defaults or any mention of the debt to Arrow on any credit files. It is clean.
Do they not have to go through the default process before Court action? I assume the original lender MBNA did but it has since dropped off.
Thank you.
RICHARD.

[Deleted User]

It sounds then as if the default had already been registered by MBNA.

rbritish

Hi ZX81

Thank you. Does Arrow not need to default me too before Court Action? If I get a CCJ I will just have to deal with it.
Thanks.
RICHARD.

[Deleted User]

No. An account can only be defaulted once.

Jaglad111

I had an 'official' county court document drop through the letter box many years ago, I rang the court and they had no record at all of the hearing. I rang the debt collectors and called them out on it, last I ever heard of that debt. But that was before regulations tightened up on the bully boy tactics.

sourcrates

They should of gone through the pre-action protocol though, have they written to you before asking you to settle the debt or face court action ?

Because they should of done.

However the breach is more of a technicality, rather than a show stopper, so you must decide a course of action to take, within the time scales allowed.

Some good help is obtainable here :

http://legalbeagles.info/forums/forumdisplay.php?105-Received-a-Court-Claim

System

rbritish wrote: »

Do they not have to go through the default process before Court action?

No. You had an agreement and I suspect part of that agreement you stopped paying a few years ago would be a line that failure to comply with it could result in court action which is what they're doing.

sourcrates

Tarambor wrote: »

No. You had an agreement and I suspect part of that agreement you stopped paying a few years ago would be a line that failure to comply with it could result in court action which is what they're doing.

They still have to issue a default notice giving the debtor time to remedy the breach, a debt cannot be subject to legal action or sale unless this procedure is complied with.

In this case it would appear the original creditor issued a default, which has subsequently fallen off the OP`s credit file.

rbritish

Hi Sourcrates

No letters at all. I am on the electoral role at my address for three years now. Only letter received is the Court claim form. Filled out the A O S form online so got extra time to decide what to do.
You are all being so helpful. Thank you.
RICHARD.

rbritish

Hi
I have applied to the Court for an extension to the claim and written to the creditor solicitors by recorded delivery under CPR 31.14 rules of disclosure for any documents they wish to use in the case. They have 7 days to respond. I have requested any agreements I have, the default notice, assignment arrangements and proof of formal demands.

rbritish

Hiya
I was just wondering. If I do go to Court and lose Will there be any extra costs?

My alleged debt already included the solicitor fee and Court cost.
Thank you.

RICHARD.