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County court claim form received for debt that is being paid? Help please!

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  • County court claim form received for debt that is being paid? Help please!

    Hi all,
    Firstly, I tried to start a thread using the court action form but for some reason I keep getting a "Message too short" message so could not submit it so apologies for that, if anyone knows what I could be doing wrong then please let me know.
    I have copied & pasted the info requested on the form below.

    County Court Claim form received today 20/09/2017 & dated 15?09/2017

    Original Creditor - Halifax Credit Card

    Who is the Claimant - Cabot Financial

    Who is the claimants solicitor - Wright Hassal

    Amount of claim - £11, 570.51

    Type of debt - Credit Card

    Is the debt Statute Barred - No

    Particulars of Claim
    The Claimant's claim is for debts arising from Consumer Credit Act 1974 agreements. The claimant is an assignee of the following debts,, notice of assignment having been given to the defendant in writing.
    Halifax Credit Card Account No ---- £11,570.51. Despite demands for payment, the above sums remain due.
    The claimant therefore claims the sum of £11570.51, interest under a.69 County Courts Act 1984 and costs.

    My problem Information
    Today I have received a County Court Claim for a debt that is being paid, I do not dispute this debt but I do not understand why I have received a County Court Claim as I have been & still am making regular monthly payments for this debt yet have now received a Court Claim from Northampton County Court Business Centre for the full amount owed plus court fees & Legal representatives costs taking the total to £12,191.18.

    The debt was originally for a Halifax credit Card which I could not afford to pay so I went through the CCCS Debt Charity who managed to freeze the interest on the account & then the debt was assigned to Blair, Oliver & Scott who I set up an agreement to pay £10 each month which i have paid every month & which I am still paying to this day & I have just had this confirmed from Blair, Oliver that my last payment was made on 4th September by standing order but they also told me that the debt was now owned by Cabot who they confirmed they were forwarding my monthly payments on to on to Cabot as soon as they are received.
    I have received letters from Cabot asking me to make contact & to send them an attacment of earnings but have not had any correspondence with them as I already have a payment agreement set up with the debt still being paid to Blair Oliver
    \I then received a single rather amateur looking letter from Wright Hassal Solicitors on 25/08/2017 informing me that payment is now long overdue & unless a repayment agreement is put in place within 14 days they will be left with no alternative than to issue County Court Proceedings against me which they have now done.
    I did not make any reply to this letter as it looked like one of those meaningless threat letters & there was no heading stating letter before court action or anything so I ignored it.


    Yesterday a County Court claim came through my door so I would like to please ask you kind professionals for any help with how to proceed with this matter as I don't have a clue what to do.
    My main argument is that an agreement to pay this debt is already in place which Is up to date so why am I being taken to court & do I have a case of defence on the basis that a repayment agreement is in place & the debt is still being paid each month as originally agreed?


    If anyone can help me with how to proceed I'll be extremely grateful.


    Thank you,
    Kuggy.
    Last edited by Kuggyuk; 20th September 2017, 15:11:PM. Reason: Could not submit County Court Claim Form
    Tags: None

  • #2
    Re: County court claim form received for debt that is being paid? Help please!

    Hi Kuggy and welcome to LB

    There are a few steps you must do as a matter of some urgency

    1) Acknowledge the claim- this can be done online via the MCOL website . You have 19 days from the date on the claim form

    2) Send a CCA request of to Cabot with the necessary £1 fee CCA Request Letter

    3) Send a CPR 31.14 letter to the solicitor- this has no fee and you can ask for documents mentioned in the particulars of claim so from what I can see it is the agreement and the notice of assignment although I would also ask for the deed of assignment CPR 31.14 Request Letter

    4) Send a SAR to Halifax to get all the details of the account

    As this is a larger claim it may well go to the fast track which can have costs implications so you need to follow procedures however on the plus side you may well get a solicitor to take this on a no win no fee or CFA

    Just remember it is worth checking what the solicitors terms are as some charge 'success fees' while others do not which can mean you have a substantial amount to pay even if you win - but a lot less than the debt
    [MENTION=87380]Diana M[/MENTION] might be able to help with more advice

    I think one question she will ask is
    What exactly is the name of the claimant Cabot Financial but are there other bits such as (uk) ltd

    Comment


    • #3
      Re: County court claim form received for debt that is being paid? Help please!

      Ahhh haaaa - sorry [MENTION=107159]Kuggyuk[/MENTION] I linked you to the wrong thread before ! DOH ! ... reading now ( and sorry for the form being so shoddy !) Looks like [MENTION=98117]warwick65[/MENTION] has your back anyway xxxx ( and that post is perfect )

      Gosh how long have you been paying £10 a month - CCCS is now Stepchange - do you make the payments THROUGH them or direct to Blair Oliver Scott ?
      #staysafestayhome

      Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

      Received a Court Claim? Read >>>>> First Steps

      Comment


      • #4
        Re: County court claim form received for debt that is being paid? Help please!

        Hi

        Just to add

        This is one of the downsides of DMP's . They are not legally binding and while a creditor will often hold off from legal action they do not have to.This may be particularly true of a larger debt with low repayments

        Another question I am afraid

        Do you have assets such as a house with equity

        Comment


        • #5
          Re: County court claim form received for debt that is being paid? Help please!

          Hi Warwick65,,
          thank you so much for the info, it's much appreciated.
          Kind regards,
          Kuggyuk

          - - - Updated - - -

          Hi again,
          Yes, we own our home & it is now mortgage free, I have a feeling this is not a good thing in helping me with this situation!

          Comment


          • #6
            Re: County court claim form received for debt that is being paid? Help please!

            When did you open the Halifax credit card account?

            It's not nice when a debt purchaser issues a court claim even though you are making regular payments but sadly they can and it's lawful.

            However that doesn't mean they'll necessarily win!

            Di

            Comment


            • #7
              Re: County court claim form received for debt that is being paid? Help please!

              Hi Kuggy

              If you want to attach a photo of the Particulars of Claim or anything else as this thread grows (with your personal info removed), at the bottom of the reply box click "Go Advanced" and then in the page that appears click the paperclip and paper icon (see my pic below). In the box that appears choose the file and then click upload. Finally click the icon again and choose the pic listed to add it.

              Untitled.jpg
              COMPLETING AN N180 DIRECTIONS QUESTIONNAIRE (SMALL CLAIMS TRACK) GUIDE

              My posts here are based on my experience of a variety of life events. I have no formal legal training & if in doubt take professional legal advice or contact CAB. If you follow anything I write here you do so at your own risk & I accept no liability for any loss, costs or other outcomes.

              Private messages are disabled as help is only offered publicly. I do not come on here in the evening, at weekends or on public holidays.

              Comment


              • #8
                Re: County court claim form received for debt that is being paid? Help please!

                Hi Amethyst,
                Thanks for the heads up, glad I got something right!
                I have had this & several other debts for some years now, i got myself in a real mess as i was self employed with a big mortgage & little work hence went to what was CCCS & they were brilliant, I have been paying £10 a month on this debt direct to Blair Oliver for some time but then Cabot Financial (UK) sent a letter saying payments should be sent straight to them which I ignored but who are still accepting my payment through Blair Oliver on a monthly basis yet have now issued the court claim which is why I'm confused.

                Comment


                • #9
                  Re: County court claim form received for debt that is being paid? Help please!

                  Hi Diana M,
                  I had the Halifax Credit Card from around 2005 to 2010, when they gave them away like sweets with rediculously high credit limits which I had no choice at the time than to fill to the limit or loose my house.
                  Kind regards,
                  Kuggy

                  - - - Updated - - -

                  Hi Jaguarsuk,
                  Thank you for your message, I have to go out shortly but will try to add a photo of the particulars of claim tomorrow using the method you suggest.
                  Thank you,
                  Kuggy

                  Comment


                  • #10
                    Re: County court claim form received for debt that is being paid? Help please!

                    Originally posted by Kuggyuk View Post
                    Particulars of Claim
                    The Claimant's claim is for debts arising from Consumer Credit Act 1974 agreements. The claimant is an assignee of the following debts,, notice of assignment having been given to the defendant in writing.
                    Halifax Credit Card Account No ---- £11,570.51. Despite demands for payment, the above sums remain due.

                    . . . . then the debt was assigned to Blair, Oliver & Scott who I set up an agreement to pay £10 each month which i have paid every month & which I am still paying to this day & I have just had this confirmed from Blair, Oliver that my last payment was made on 4th September by standing order but they also told me that the debt was now owned by Cabot who they confirmed they were forwarding my monthly payments on to on to Cabot as soon as they are received.
                    A couple of things have caught my eye.

                    If you've typed up the POC accurately they refer to "agreements" "debts" "sums" all in the plural. Did you have more than one account with Halifax/BOS which may have been amalgamated at some point? Maybe a current account or loan as well as the credit card?

                    Blair Oliver Scott is part of HBOS so it wouldn't have been assigned to them, they would have been a different division of the same bank.

                    However I'm interested to see that they (BOS) were still accepting your payments even though the debt had been assigned to Cabot. That may muddy the waters 'in a good way'

                    Di

                    Comment


                    • #11
                      Re: County court claim form received for debt that is being paid? Help please!

                      Originally posted by Kuggyuk View Post
                      will try to add a photo of the particulars of claim tomorrow
                      It's not necessary to post up a photo of the Particulars of Claim. You've typed them out and that is enough. It's the words that matter not the picture

                      Di

                      Comment


                      • #12
                        Re: County court claim form received for debt that is being paid? Help please!

                        Originally posted by Kuggyuk View Post
                        direct to Blair Oliver for some time but then Cabot Financial (UK) sent a letter saying payments should be sent straight to them
                        Good to see the new owner is Cabot Financial (UK) Ltd since they're unlicensed - albeit that's a very complicated legal argument to plead.

                        Send the s 77-79 CCA Request to Cabot with a copy to Wright Hassall solicitors when you send them your CPR 31.14 Request.

                        Di

                        Comment


                        • #13
                          Re: County court claim form received for debt that is being paid? Help please!

                          Hi Di,
                          Thank you again for taking such an interest in my problem, the particulars of claim are written correctly as I have worded them & I do have another small debt with the Halifax but this has not been added to this debt.
                          I'm already getting confused with who to send what to but once I've cleared my muddled head I'm sure I'll work it out.
                          So the first thing I need to do is accept acknowledgement of service, do I need to tick any of the boxes i.e
                          I intend to defend all of the claim
                          I intend to defend part of the claim
                          I intend to contest jurisdiction

                          Thank you,
                          Kuggy

                          Comment


                          • #14
                            Re: County court claim form received for debt that is being paid? Help please!

                            Originally posted by Kuggyuk View Post

                            I intend to defend all of the claim - TICK THIS ONE
                            I intend to defend part of the claim
                            I intend to contest jurisdiction - NO
                            Hope that helps
                            #staysafestayhome

                            Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                            Received a Court Claim? Read >>>>> First Steps

                            Comment


                            • #15
                              Re: County court claim form received for debt that is being paid? Help please!

                              Originally posted by Kuggyuk View Post
                              Hi Di,
                              Thank you again for taking such an interest in my problem, the particulars of claim are written correctly as I have worded them & I do have another small debt with the Halifax but this has not been added to this debt.
                              I'm already getting confused with who to send what to but once I've cleared my muddled head I'm sure I'll work it out.
                              So the first thing I need to do is accept acknowledgement of service, do I need to tick any of the boxes i.e
                              I intend to defend all of the claim
                              I intend to defend part of the claim
                              I intend to contest jurisdiction
                              As long as you file the Acknowledgement of Service online ticking the box which says you intend to defend all of the claim you'll have given yourself some breathing space to carry out the other tasks.

                              You won't be contesting jurisdiction unless you live in Scotland or Northern Ireland (do you?).

                              Di

                              Comment

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