help with claim

[cussy]

Hi im just going over a claim i received and was wondering if anyone can tell me how far back can interest be claimed on court papers can a company that bought a debt claim interest for the years before they owned the debt?
thanks cussy

[PlanB]

Re: help with claim

im just going over a claim i received and was wondering if anyone can tell me how far back can interest be claimed on court papers can a company that bought a debt claim interest for the years before they owned the debt

Do you have a new claim Cussy or is this question to do with your PRA claim?

Plan B x

[cussy]

Re: help with claim

another claim plan going to be posting all the details up tomorrow as im typing all this on my tablet and i hate it love computers much easier. It seems with only about 1 year to 18 months before things go sb they are all trying to claim its another biggy but the buggers are claiming interest from when they say the default happened not from when they bought debt last year (not sure ever really got a default notice as i remember we always complained that barclaycard would not default it)
are they allowed to claim the interest like that???

[cussy]

Re: help with claim

I have posted another question in the secure legal thread waiting for a mod to ok it to be listed

[PlanB]

Re: help with claim

another claim plan going to be posting all the details up tomorrow . . . .
. . . . its another biggy but the buggers are claiming interest from when they say the default happened not from when they bought debt last year (not sure ever really got a default notice as i remember we always complained that barclaycard would not default it)

If this new claim is for an ex-Barclaycard would I be right in thinking the Claimant is Hoist using Robinson Way as their DCA and the solicitors are Howard Cohen?

Don't worry about the amount claimed and why at this stage. They'll have loads of other legal hoops to jump through

Plan B x

[cussy]

Re: help with claim

yup ex barclaycard which was originally an egg card from 2001

[PlanB]

Re: help with claim

yup ex barclaycard which was originally an egg card from 2001

That's a good starting point

Is the history on your UE Diary* and have you previously sent them a CCA Request?

Plan B x

* Edit: I see you don't have a UE Diary

[cussy]

Re: help with claim

no never did any cca request previously did once got claim have written whole tale of what i sent them in secured threads as recieved postal order back today and a very odd lettter from robins way who i sent nothing to i sent letters to hoist and howard cohen

[PlanB]

Re: help with claim

no never did any cca request previously did once got claim have written whole tale of what i sent them in secured threads as recieved postal order back today and a very odd letter from robins way who i sent nothing to i sent letters to hoist and howard cohen

At least you've sent a CCA Request now so that's good.

Don't worry about getting the postal order sent back by Robinson Way. They always do that. You've sent a valid request with the statutory fee and they've acknowledge receipt of your request otherwise they wouldn't have been able to send it back would they

What's the Issue Date on the claim form to calculate the deadline for the AOS to be filed? It'll be 19 days from the Issue Date.

Plan B x

[cussy]

Re: help with claim

20 sept ive done aknowledge sent cpr32.14 and cpr15.5 request they say they will grant an extension but its not one i can go to courts with it seems to be their own made up one need to know how to respond and who to

[PlanB]

Re: help with claim

20 sept ive done aknowledge sent cpr32.14 and cpr15.5 request they say they will grant an extension but its not one i can go to courts with it seems to be their own made up one need to know how to respond and who to

Okay so it appears the Defence deadline isn't until 23rd October (33 days from Issue Date) so there's ample time to sort this.

Howard Cohen may have sent you a casual agreement for an extension of time but it's the court which dictates the timetable unless anything formal is agreed between the parties and the court informed.

Did you get any response (such as paperwork/documents) from Howard Cohen to your CPR 31.14 request?

I wouldn't lose any sleep over this tonight. Let's see what tomorrow brings

Plan B x

[cussy]

Re: help with claim

no nothiing from them its robinson way who have sent the letter

[cussy]

Re: help with claim

the letter is weird as they mention acknowledging my ccarequest and retuning my fee as a claim has now been issued but tht they have passed on my request because under cpr31.14 im entited to documents in the poc then they have aparagraph saying accept this letter as a general extension of time and once documents are given i can have 14 days more they must think im mad general extension whats that too mean idiots

[PlanB]

Re: help with claim

the letter is weird as they mention acknowledging my ccarequest and retuning my fee as a claim has now been issued but tht they have passed on my request because under cpr31.14 im entited to documents in the poc then they have aparagraph saying accept this letter as a general extension of time and once documents are given i can have 14 days more they must think im mad general extension whats that too mean idiots

What you describe is a familiar pattern

It's an attempt to befuddle you, perhaps in the hope that you'll miss important court deadlines so that they can get a Default Judgment. Well that's not going to happen!

Plan B x

[BuzzyBee]

Re: help with claim

the letter is weird as they mention acknowledging my ccarequest and retuning my fee as a claim has now been issued

Their duty to comply with a CCA request doesn't end with a claim being issued, only when jugment is obtained. Lots of people send CCA requests after a claim has been issued.

but tht they have passed on my request because under cpr31.14 im entited to documents in the poc

The CCA request is a completely different issue from the request pursuant to CPR 31.14. CCA request is made under s.77/79 of the Consumer Credit Act and the account is rendered unenforceable for as long as they don't comply. 31.14 is part of the Civil Procedure Rules. Non compliance with that request does not render the account unenforceable so you'd still have to refer to their non-compliance with your CCA request.

A 31.14 request can be enforced (i.e. you can ask the court to order them to supply you with the documents) with an unless order, which requires you to fill in an N244 application to the court and pay a fee of £255 (unless you qualify for fee remission). Whether this is a good course of action or not depends on the circumstances. If the claim is for a small(ish) amount, probably not worth it.

If the claim is under £10k, you have to do this before submitting a defence, otherwise the claim will be allocated to the small claims track where Part 31 of the CPR does not apply. If the claim is over £10k then it still applies even after being allocated.

then they have aparagraph saying accept this letter as a general extension of time and once documents are given i can have 14 days more they must think im mad general extension whats that too mean idiots

CPR 15.5 allows the parties to agree to extend the deadline to file your defence by up to a maximum of 28 days. In many cases the defendant would have to ask the claimant for the extension when they have not supplied the documents requested under CPR 31.14 and some make a habit of refusing, so you should really consider yourself lucky. Bear in mind that they can still supply you with the documents after you file your defence, right up until a few weeks before the hearing if it gets that far, so it doesn't do you any harm to have more time to prepare a defence.