DMP mutual support thread part 13 !!

compinggirl

compinggirl said:

Hello,
It's been awhile since I posted because I had everything under control but then this happened!....
Drydens Ltd/Arrow global sent a county court claim to me dated 14th December.  The 'debt' I have was originally with Sainsburys who passed it on to Moorcroft for collection.  I sent a CCA request to Moorcroft in Jan 2018, to which they didn't reply and in 2019 passed it on to Arrow/Capquest. I ignored all letters and made no more token payments since I sent the CCA request back in 2018. The last letter I had from them was in Jan 2020 which was the letter telling me the debt had now been assigned to them.
Then I get the County court claim out of the blue!  but still no CCA agreement provided!
I am going to submit an acknowledgement of service to give me time to defend it but can someone please tell me if there is a particular wording I should use in the defence please??
Also what does "I intend to contest jurisdiction" mean please?
Many thanks as always. 

Hi,
Can anyone give me some pointers on how to defend this claim please? Should I write to the creditor first to ask them to drop the claim seeing as the lender they bought the debt from couldn’t provide the CCA agreement? Or should I just defend the claim? Thanks 

Suseka97

compinggirl said:

compinggirl said:

Hello,
It's been awhile since I posted because I had everything under control but then this happened!....
Drydens Ltd/Arrow global sent a county court claim to me dated 14th December.  The 'debt' I have was originally with Sainsburys who passed it on to Moorcroft for collection.  I sent a CCA request to Moorcroft in Jan 2018, to which they didn't reply and in 2019 passed it on to Arrow/Capquest. I ignored all letters and made no more token payments since I sent the CCA request back in 2018. The last letter I had from them was in Jan 2020 which was the letter telling me the debt had now been assigned to them.
Then I get the County court claim out of the blue!  but still no CCA agreement provided!
I am going to submit an acknowledgement of service to give me time to defend it but can someone please tell me if there is a particular wording I should use in the defence please??
Also what does "I intend to contest jurisdiction" mean please?
Many thanks as always. 

Hi,
Can anyone give me some pointers on how to defend this claim please? Should I write to the creditor first to ask them to drop the claim seeing as the lender they bought the debt from couldn’t provide the CCA agreement? Or should I just defend the claim? Thanks 

I think you may now have to do both.  Contact Arrow/Capquest and make them aware you intend to defend the claim based on the fact that you have not been provided with the requisite documentation requested following your CCA request sent in Jan 2018.  Also complete the court paperwork setting out your defence that neither Moorcroft or Arrow/Capquest have complied with the CCA submission and you have received no formal documentation which supports their enforcement of this debt.

You may find that A/C drop the claim - but you need to ensure that if they don't (or if the timeframe for the court judgement isn't now in your favour) that you do not get a CCJ issued by default.

Pelerroja

Hi folks - wondered if there are any other new starters on here with SC? Sent them my paper work last week and am wondering how long it will take them to set things up, especially given the pandemic. Thanks! 

sourcrates

Pelerroja said:

Hi folks - wondered if there are any other new starters on here with SC? Sent them my paper work last week and am wondering how long it will take them to set things up, especially given the pandemic. Thanks! 

Hi,
Beginning of a new year is always a very busy time for all the debt charities, combination of things, realisation of your situation, you finally pull your face outa the sand, etc, etc.

So can be a bit delayed at times, not to worry, debt collection is a very long process, nothing happens overnight, I’m sure things will be fine.

Penguin_

Quick question, I have read on here if you are to offer a settlement to a company when on a non self managed DMP it's better to go direct to the company rather than go through Stepchange. My question is if you do come into a little money, could you offer 1 or 2 of the companies settlement rather than all of the companies? 

If this can be done & is settled by the company, how do you reflect this with Stepchange?

Suseka97

@Penguin_ it is better to offer direct, not via SC because they will not single out individual creditors.  Their philosophy is that all creditors should be treated the same, so if you have extra money available to reduce debts they will want each of them to receive a proportion.  If you do manage to settle / clear any accounts then you can zero the balance via your online account.  Now, how SC will view that I don't know.  If the account was a high balance they may well query why the account has suddenly been cleared or they may just reapportion the payment across the remaining debts.  If they do query you may as well just say you settled.  I don't 'think its a big issue, to be fair.  Ultimately your remaining creditors will receive more on a monthly basis and your DMP will be cleared all the sooner.

Penguin_

Suseka97 said:

@Penguin_ it is better to offer direct, not via SC because they will not single out individual creditors.  Their philosophy is that all creditors should be treated the same, so if you have extra money available to reduce debts they will want each of them to receive a proportion.  If you do manage to settle / clear any accounts then you can zero the balance via your online account.  Now, how SC will view that I don't know.  If the account was a high balance they may well query why the account has suddenly been cleared or they may just reapportion the payment across the remaining debts.  If they do query you may as well just say you settled.  I don't 'think its a big issue, to be fair.  Ultimately your remaining creditors will receive more on a monthly basis and your DMP will be cleared all the sooner.

Thanks, can I just ask if I do write to the creditor asking for a full & final settlement is there anything else I need to be getting from them?

sourcrates

Penguin_ said:

Suseka97 said:

@Penguin_ it is better to offer direct, not via SC because they will not single out individual creditors.  Their philosophy is that all creditors should be treated the same, so if you have extra money available to reduce debts they will want each of them to receive a proportion.  If you do manage to settle / clear any accounts then you can zero the balance via your online account.  Now, how SC will view that I don't know.  If the account was a high balance they may well query why the account has suddenly been cleared or they may just reapportion the payment across the remaining debts.  If they do query you may as well just say you settled.  I don't 'think its a big issue, to be fair.  Ultimately your remaining creditors will receive more on a monthly basis and your DMP will be cleared all the sooner.

Thanks, can I just ask if I do write to the creditor asking for a full & final settlement is there anything else I need to be getting from them?

Yes, you must have written conformation that what they accept as final settlement, is just that, final settlement.

The remaining balance will not be chased by them nor their agents, and you will owe nothing.

It is imperative to get this in writing before parting with a penny, because otherwise they can come back in six months time demanding the remainder of the money.

You must be so careful when dealing with settlement offers, and have everything agreed in writing prior to execution.

Penguin_

Thanks Sourcrates! I will be sure to get that wording if & when they send them out.
One final question, can I ask for a final settlement or do I offer £xxxx & see what they say?

sourcrates

Penguin_ said:

Thanks Sourcrates! I will be sure to get that wording if & when they send them out.
One final question, can I ask for a final settlement or do I offer £xxxx & see what they say?

You can ask, but each DCA has there own criteria, and offers are made according to various buisness factors.