Advice regarding court paperwork

Nelix

Hi All

I’m after some advise if at all possible.

The in-laws (pensioners) entered into an agreement with a debt collection agency in November 2015 to pay off a debt at the rate of £10 per month. Recently, the direct debt was cancelled in error, they did write to the in laws but they failed to action or speak to me about it until they received court paperwork.

I called them and asked if we could pay the outstanding balance £622 plus £100 court application fee over 3 months, the debt collectors solicitor said they would speak with the DCA and send me an email.

Well the email arrived however they are asking for a balance of £1072 to be paid over 3 months, I rang them again and requested why the figure was larger (it’s now only £16 less than the original debt), unfortunately, as the in laws were not with me to give permission to discuss the matter he was unable to explain the increase but did say he had a break down and it was correct.

I will be speaking to them again tomorrow so the in laws can give permission and to explain the breakdown.

Are they able to add £350 to the bill?

The court paperwork states the claim is for £622.24 plus £100 application fee.

If we went to court would the judge side with us given that we are offering to settle as quickly as possible given the limited income they have but the extra £350 would increase the 3 monthly payments beyond there means.

What would you all suggest?

Thanks

Nelix

Forgot to mention that the paperwork they emailed to me was an agreement to be signed and returned, it was only when I printed it and read through it that I noticed the increase in the amount.

Nelix

Oh, and they are only £20 in arrears on the original agreement.

sourcrates

Hi,

Stop talking to their tame solicitor.

Pre-action protocol (civil procedure rules) dictates the claimant sends a letter before action to a debtor before court papers are issued, is that what they have received or is it a claim form ?

If its a claim form, advice on what to do next here :

https://legalbeagles.info/library/guides_and_letters/

This matter should be handled in writing only from now on.

Nelix

Thanks for the reply, especially as it’s late now.

They have received court paperwork with a date. They had received a letter prior to this but failed to mention it to me.

The other issue we have is that we are going away for 2 weeks on Sunday so have very little time to be sending letters etc. The court date is set for 16th July which is the day after we get back.

sourcrates

Makes things a bit tricky I agree, what was the debt for originally ?

Nelix

It was a credit card debt with MBNA

sourcrates

Nelix wrote: »

It was a credit card debt with MBNA

Making a CCA request would hold things up nicely (as recommended on legal beagles).

It’s likely there would be a stay whilst the paperwork was searched for, if its an old debt, they may not be able to provide it, which would scupper their case once and for all, that would be my plan anyway.

https://www.nationaldebtline.org/EW/sampleletters/Pages/Information-about-your-agreement-under-the-Consumer-Credit-Act-%28sole-name%29.aspx

Nelix

I asked for the CCA prior to make if the original agreement and the did eventually provide it, they also included a copy with the court paperwork

fatbelly

Nelix wrote: »

Thanks for the reply, especially as it!!!8217;s late now.

They have received court paperwork with a date. They had received a letter prior to this but failed to mention it to me.

The other issue we have is that we are going away for 2 weeks on Sunday so have very little time to be sending letters etc. The court date is set for 16th July which is the day after we get back.

Sorry but we need to be clear. If they have received a court claim ...

what was the issue date?

is this from Northampton Court?

Have they acknowledged service and given themselves an extra 14 days?

is 16 July the date set for reply? Working backwards gives an issue date of 27 June.

do you agree or disagree with the sums stated, and the other facts stated, on the particulars of claim?

If there is going to be no defence and 16 July is the reply date then you follow this

https://www.nationaldebtline.org/EW/factsheets/Pages/replyingtoacountycourtclaim/replyingtoaccj.aspx

and offer what you can afford, justified by income and expenditure. I would suggest for a claim of £722, £20 a month would be fine.

Stop talking to the idiot solicitor and deal with the court.

p.s. all this can be done online providing there's an MCOL password on the claim form. You could do this wile you're away providing you have internet access.

Nelix

The paperwork I have is not from Northampton Court, it's form N244 - Application Notice. The hearing is for the claimant's Application Hearing, however, they have asked that this application be dealt "without a hearing". All paperwork mentions the local County Court, no mention of Northampton.

She admits the money is owed, this was confirmed back in November 2015.

The main isue here is that she cancelled the DD in error and to make up for that mistake wants to pay the debt off over 3 months instead of £10 per month but now they have added £350 to the balance