Northampton Court Papers Recieved

vxrdilly

So I have a debt with Monument from October 2012.
Moriaty Law have filed on behalf of JC International at Northampton CC.
The court have sent me the paperwork.
The previous 4 holders of this debt have failed to respond to my written requests for proof that I owe the debt none of them have been able to provide that proof.
So do I send another letter or do I wait for a date and just turn up at court and show all the mountians of paperwork I have and win the case on the basis they don't actually have a legal case?

sourcrates

vxrdilly wrote: »

So I have a debt with Monument from October 2012.
Moriaty Law have filed on behalf of JC International at Northampton CC.
The court have sent me the paperwork.
The previous 4 holders of this debt have failed to respond to my written requests for proof that I owe the debt none of them have been able to provide that proof.
So do I send another letter or do I wait for a date and just turn up at court and show all the mountians of paperwork I have and win the case on the basis they don't actually have a legal case?

Hi,


Exact steps to take can be found here :


http://legalbeagles.info/forums/forum/legal-forums/court-claims-and-issues/received-a-court-claim

Just_Di

vxrdilly wrote: »

So I have a debt with Monument from October 2012.
Moriaty Law have filed on behalf of JC International at Northampton CC.
The court have sent me the paperwork.
The previous 4 holders of this debt have failed to respond to my written requests for proof that I owe the debt none of them have been able to provide that proof.
So do I send another letter or do I wait for a date and just turn up at court and show all the mountians of paperwork I have and win the case on the basis they don't actually have a legal case?

Were your four written requests for proof just informal letters or did you send a s 77-79 CCA Request together with the £1 statutory fee?

If you've not done that (s77-79 CCA Request) then I would send one now.

You must go online and file your Acknowledgment of Service within 19 days of the claim Issue Date (on the top right of the first page). Tick the box which says you "intend to defend all of the claim" as this will give you 33 days from the Claim Issue Date to file your Defence.

Depending on what the Claimant has pleaded in the Particulars of Claim you can send them a CPR 31.14 Request seeking disclosure of documents mentioned.

These two actions (s77-79 CCA and CPR 31.14 requests) should protect your legal position while you look at what your potential Defence could be.

Once a Defence is filed you will be sent a Directions Questionnaire by the court (if the Claimant informs them that they intend to continue within 28 days of being served with the Defence). On the DQ you will be given the option to tick a box for free telephone Mediation if you think it will be appropriate.

Di

vxrdilly

Fast forward to today...sent the letter to the solicitors asking for documentation,filled out defence as advised.


Yesterday got a letter from the court advising that they had passed my defence on to the claimant's solicitor,and giving them 28 days to continue proceedings,after that the claim will be stayed.


Today a letter from the solicitor .


"we have referred the matter to our client and will contact you on receipt of further instructions.In the meantime the account will remain on hold and collection activity has been suspended"


So a question now,how long have they got to sort themselves out,as they have failed to supply agreement,attachment notices etc.


Thank you all for your advice so far.

Just_Di

vxrdilly wrote: »

got a letter from the court advising that they had passed my defence on to the claimant's solicitor,and giving them 28 days to continue proceedings,after that the claim will be stayed.

Today a letter from the solicitor .
"we have referred the matter to our client and will contact you on receipt of further instructions.In the meantime the account will remain on hold and collection activity has been suspended"
So a question now, how long have they got to sort themselves out,as they have failed to supply agreement,attachment notices etc.

The straight answer to your question is they can take as long as they like (in theory) but if they don't inform the court within 28 days of service of your Defence then the claim will be automatically stayed (a pause button) which means they'll have to make an Application (with a fee) to lift the stay if/when they want to continue with proceedings.

If they decide to continue within the 28 days (and inform the court) then you will be sent a Directions Questionnaire to complete which is an admin form asking whether you would need an interpreter, unavailability dates, and other general questions.

However the DQ form also gives you the opportunity to tick a box for free telephone Mediation (if the claim is under £10k) where you can settle without getting a CCJ, albeit the settlement is legally binding.

It's difficult to predict what will happen next as I don't know the background or history of the debt. How much is being claimed?

From what you say this account was opened in November 2012 (unless I've misunderstood) so it won't be Statute Barred so I'm guessing your Defence was based on 'no documents'.

Or did you mean you stopped paying the contractual amount so it defaulted in November 2012?

I would send a Subject Access Request to the original creditor to find out what data is held on their file. If it's not in their files then the Claimant won't be able to get it either

Was there PPI involved?

See what they come up with next, but use this opportunity to research the case in readiness for their next move, whenever it comes.

Di

vxrdilly

Thank you....


the claim is around £3k but I am disputing the amount based on the fact I was paying off the debt with their agreement when they assigned it to a collector,I made (and have evidence) of many more monthly payments after they calculated that figure.
I see this as breach of contract and have contemperanious note for dates and times after they had sold the debt on reassuring me that my repayment plan was still in place.
So the default date is also in dispute.



My defence has a no documents aspect as I have been contacted by more than 8 companies and despite sending off with the payment required for admin for evidential documents no one has sent me any evidence they have these documents.


There is no PPI to cloud the issue.


The company who allegedly have the debt in in the USA,do I have the same rights of access to the info they hold as I would here in the UK?


Thank you once again.
Very helpful.

Just_Di

vxrdilly wrote: »

I am disputing the amount based on the fact I was paying off the debt with their agreement when they assigned it to a collector,I made (and have evidence) of many more monthly payments after they calculated that figure.
I see this as breach of contract and have contemperanious note for dates and times after they had sold the debt on reassuring me that my repayment plan was still in place.
So the default date is also in dispute.

I can't really comment since I don't know the facts but from what you say the court may take the view that you are arguing quantum (the amount owed) but not that you are liable for the debt once the maths becomes clearer.

Again I've not seen the Tc & Cs of your credit agreement (contract) but it's likely that it gives them the right to assign the debt to a third party at any stage i.e. whether you're paying it or not.

Of course they would have a statutory obligation to serve you with a Notice of Assignment after having lawfully defaulted and terminated the account, and prove that they did that.

They would also have to serve you with regular Notice of Sums in Arrears (s86) after the account was defaulted.

Di