Summons Received help please

[FarmerJones]

Hi all
I was orginaly contacted by Robinson Way around December 2008 for a debt I alledgedly owe to Abbey (Santander) for £2k, dating back to 2006.

I sent the "prove it" letters on a number of occasions to Robinson Way. On each of the occasions I sent the letters recorded delivery and each time I received no reply. The last time I received anything from them was in December 2010.I have kept copies of the letters, and the recorded delivery receipts.

I came home from work last week, and discovered they had sent me a County Court Summons (Northampton bulk processing) for this £2k, dating back to March or April 2006.

I don't want a CCJ and it seems the only way I can get rid of these people is to pay up even though I dispute the amount (but I don't have any paperwork to support my dispute) and they can't seem to prove what I owe.

I want to move the case to my local court, and challenge them to prove I owe the money, which if they do so I'll pay up sraight away. I have received no prove from them that I owe the money, nor copies of any thing that I signed.

It also occurs to me that the case is Statute Barred (?) later this year as its 6 years old. Is that right?

Where do I stand with this and what is my best approach to dealing with them?

Thanks all

FJ

[Undercover Elsa]

Re: Summons Received help please

Hi FJ and welcome to AAD!

So you can get further help, can you give us a little more info:

Date on claim form
Particulars of claim verbatim (slightly alter figures if you wish for anonymity)
Type of debt
Date of last actual payment
Did you receive a formal Default Notice?
Any Payment Protection Insurance or unfair penalty charges on this account?
Apart from the "prove it" letters, have you ever sent them a formal "CCA Request" asking for a copy of the agreement?

That should do to get started. I'll see if this can be moved to the legal forum for you.

kind regards,

Shepherdess

[FarmerJones]

Re: Summons Received help please

So you can get further help, can you give us a little more info:
Sure, here you go:

Date on claim form:
23 January 2012
Particulars of claim verbatim (slightly alter figures if you wish for anonymity):
The Claimant is an Assignee of a debt(s) from Abbey National plc. Notice of Assignment was provided to the Defendent by the Claimant in writing. Despite demand for payment the assigned debt(s) remains due. The Claimant complied with Section III and IV and Annex B of the PD Pre-Action Conduct.
And the Claimant Claims: Current Account Account number 000000 11111111 balance of 2,345.67 as of 18/3/07. Interest under s69 of the County Court Act 1984 at the rate of 8% a year from 18/3/07 to 20/1/12 of 810.82 and also interest at the same rate up to the date of judgment or earlier payment at a daily rate of 0.46 AND costs.
Type of debt:
Seems to be an old bank account.
Date of last actual payment:
Dec 2006
Did you receive a formal Default Notice? No
Any Payment Protection Insurance or unfair penalty charges on this account? No
Apart from the "prove it" letters, have you ever sent them a formal "CCA Request" asking for a copy of the agreement?
Yes. I wrote to them originally asking them to prove I owed the money, as far as I was concerned I owed Abbey nothing except my mortgage.
Then I copied the NID letters (1,2 and 3 from moneysaving expert) and sent the first to them on 5th June 2009. No answer.
Another on 27 November 2009 enclosing £1. No answer from them. (they still have my £1!)
Another on 11 January 2010 (enclosing copies of previous letters) no answer from them.
Another on 22 January 2010 (enclosing copies of previous letters) no answer from them
Another on 23 January 2010 (enclosing copies of previous letters) no answer from them
Finally 28 January 2010 (enclosing copies of previous letters) no answer from them
I then received a letter from them on 31 January 2010. I replied by recorded delivery enclosing copies of all previous correspondence.
Then I received the summons dated 23 January 2012
I have copies of all of these letters, and receipts for the recorded / registered delivery they were posted by.
Seems that this is an old bank account and I thought it was a an old credit card. Why didn't Robinsom Way tell me what this related to when I wrote to them ?
Ideas ?
Thanks FJ

[Never-In-Doubt]

Re: Summons Received help please

Hmmm so you dispute existence of the account?

I'll pm you details of our preferred solicitor - he may be able to assist here.