Urgent advice please regarding County Court claim

[RDRR]

Hi.

I received a claim form last month regarding a credit card debt. I originally intended to defend it, so filed an AOS. However, since then I have found a long forgotten response to a CCA request I sent in 2009, from the original creditor, which included a signed agreement that I have been advised is compliant.

I now wish to come to a payment arrangement with the new creditor (a DCA), but having called them they will only entertain full and final payment (minus 25% discount) in order to stop proceedings, which I cannot afford.

My question is, how do I now go back to the court and say I would like to admit the debt, but need time to pay? Can I, or is it too late for that? We are well past the 14 days I had to send the claimant the relevant form. In fact I am probably subject to summary judgement any moment, as the 28 days since service are up (I think - this is complicated by the recent bank holidays) and I haven't submitted a defence.

Would it be ridiculous to use MoneyClaim to submit a 'defence' basically outlining the above, so the judge knows my situation and that I am willing to offer a payment arrangement I can afford?

I am resigned to a judgement against me, but would like to minimise the damage and offer a reasonable payment plan.

Any advice would be very gratefully received.

Thanks.

[PlanB]

Re: Urgent advice please regarding County Court claim

I received a claim form last month regarding a credit card debt. I originally intended to defend it, so filed an AOS. However, since then I have found a long forgotten response to a CCA request I sent in 2009, from the original creditor, which included a signed agreement that I have been advised is compliant.

Who told you that? Who said your CCA sent in response to your section 78 request is/was compliant?

Sorry where are my manners First things first. to AAD.


Now back to business, unless Niddy says your CCA is there's a possibility it may not be. Please email Niddy your NI Claim Form and a copy of the CCA you received from your 2009 s.78 Request.

What's the date on your claim form? Who is the Claimant? Who was the original creditor (in case it was sold on)? When did you open the original account? Was it a credit card or a bank current account? How much is the claim for? Who are solicitors instructed by the claimant?

[Guest]

Re: Urgent advice please regarding County Court claim

You can apply for a Time Order (N1 Form).

[PlanB]

Re: Urgent advice please regarding County Court claim

I received a claim form last month regarding a credit card debt. I originally intended to defend it, so filed an AOS. However, since then I have found a long forgotten response to a CCA request I sent in 2009, from the original creditor, which included a signed agreement that I have been advised is compliant.

I now wish to come to a payment arrangement with the new creditor (a DCA), but having called them they will only entertain full and final payment (minus 25% discount) in order to stop proceedings, which I cannot afford.

I am resigned to a judgement against me.

Why are you resigned to a judgement against you? You have so many tools available to you to fight this, but silence isn't one of them. If nothing else we can help you with tactics which can put you into a better bargaining position if you really want to settle this case without putting up a fight.

You say you got a compliant CCA agreement from the original creditor in 2009. Do you think the current owner of the debt has got that agreement? I doubt it. When debt purchasers buy accounts all they usually get is your name, phone number, last known address and the amount outstanding but not the 'paper' file.

If the "agreement" has been referred to in the Particulars of Claim (have you emailed this to Niddy yet?) then you can request to see a copy of it under CPR 31.14. And if the POC refer to a Default Notice or Assignment then you can ask to see these too. In fact any documents referred to in the POC. If they can't deliver the goods within seven days then under CPR 31.15 you can request an extension of time to file your Defence. You can ask the Claimant to agree this for up to a further 28 days. If they won't agree that then you can apply to the court for an extension and the Claimant may end up paying the costs of that application.

Do you see what I mean? There are all sorts of tactics available to you if you would only give us a chance. Time is of the essence so please come back and post some more information and then we can get cracking