Claim form received

[jonusboys]

Good evening guys

I have received a claim form from Norwich County Court today, but it was sent from Salford. I had read on here that there is a clearing unit in Salford, just like in Northampton. The thing is it looks really weird, I have had claim forms in the past but this looks like it has been photocopied. Plus it has a stamp, or rather part of a stamp that says "county court" but very little else. There is no claim numbers except for a barcoded sticker on it. Plus the name of the Claimant is a DCA(i think), and the signature is printed.

What I am asking is, could this be a fake document? and at what stage is a claim form?

The lowdown, I got sick of this company hounding me, even after I asked for the CCA and breakdown of accounts. They never even acknowledged my payment plan, even though I stated it was provisional, just kept sending increasingly serious letters. I read somewhere that if they don't sent the requested document, their claim becomes void? Is this true? They did acknowledge receipt of the request, but after several months i'm still no further forward.

My question really is, where next?

Cheers everyone for even looking

[tayga]

If it's genuine you should be able to verify it with Norwich County Court.

If it's not then you have some tidy ammunition for a counterclaim against whoever issued it fraudently ...

[jonusboys]

Hi Tayga

Thanks so much for coming back to me. I will get onto Norwich County Court tomorrow.

I would like to throw some of the rest of the details out there, to get feedback on how strong a case I may have and whether I should concede of fight this.

I had a loan with a, the lending exchange. Now I set out a repayment plan, based on what they were telling me I owed. I sent it to broker and as they are an online company, emailed the offer and a request for a signed credit agreement, terms and conditions etc. I wanted to pay this as I kind of leant the money off lots of individuals, so didn't want innocents loosing out. The email was acknowledged and they said it had been passed to the relevant department(I have there receipt email).

After a fortnight I had not heard anything else, not that they had accepted my proposal, or anything. I then sent a letter to the person I had been given the name of in the return email. Another month went by and nothing.

A few weeks after that I started getting showered with call/letters from a DCA, and a nasty one too, whom I had no interest dealing with. That all died down and then I go a notice from the lender (notice of assignment) that the debt was being handed to a DCA, and that all the individuals had been paid.

Finally I got a letter from the DCA, that they were going to take me to court if I didn't pay. I wrote back explaining all that had gone on, but the next thing I have a County Court Claim.

Questions if I may;

1. Can they enforce a debt when I have asked for the signed agreement, and none have come back?
2. As Tayga has said, would a company really stoop so low to send what looks to be a very convincing court claim document?
3. Also they said the lender had sent a "notice of default" before passing on the debt, I cannot recall receiving such a document, and have not signed for any documents from any company.

This post is for anyone... Please help

[ceylon]

sounds like you have a good case to me

[jonusboys]

Hi Ceylon

Indeed honoured, a reply from yoda himself

I have come across another piece of information, and wanted to put it out there. The original terms and conditions do not make any reference to the Consumer Credit Act of 1974. The do state that the "Loan Contract" is governed by "English Law". Is the "Contract" therefore not covered by the 1974 agreement? If so, even though I have not received a default notice, if it is served under the 1974 piece of legislation, is it therefore void?

Would really like some clarification on this guys and gals

P.S I was referring to Ceylon being Yoda, not as a short, ugly, old and green being. But more as in being a bounty of knowledge lol

[wishy]

Hi Jonus,
First thing,check whether there is or not a court claim.
then pay £5 and get all 3 credit reports,
http://www.google.co.uk/url?sa=t&rct=j& ... D3uonqp1FA
Then check and see if the DCA looked at your credit reports before the notice of assignment came.
The DCA are supposed to send you a notice of fair process telling you they are allowed to look at your credit report.
Did you get the acknowledgement, defence and jurisdiction paperwork with the claim?
If they have sent a bogus claim and been nosing about in your private credit report with out authority (deed of assignment)
Then they are liable to incur costs from you.
So when you've got your info send them a Notice of conditional acceptance,stating conditional acceptance of their claim upon,
Proof of claim (if claim is bogus) that their is a valid claim recorded at the court
Proof of claim that they have a valid assignment from the bank,evidenced by a certified copy of deed of assignment and,
a certified copy of a receipt for payment and valuable consideration to the bank,validating their security interest in their claim
Proof of claim that you have a valid signed contract/agreement,signed by myself and the bank with attached terms and conditions and is correctly endorsed.
Proof that your company did not check my credit report without valid authority (deed of assignment ) from the lender or my consent.
Proof of claim that the account is in default and that i was duly notified,evidenced by proof of postage and delivery
Proof of claim that you have complied with the OFT fair processing protocol,as evidenced by proof of postage and delivery of a notice of fair process.

failure to provide the duly certified evidence of the points listed above proof of validity of your claim against me shall mean,
you agree to the payment schedule below
you have no valid claim against me and no authority to make such a claim. cost £1000
you have attempted to gain money(s) from me by extortion cost£2000
you have violated my privacy by looking into my credit report without,
valid authority or permission cost £2000
give em 10 days
send a letter of collection,wait 10 days
send notice of default,wait 10 days
send letter before claim,with an offer to knock off £500 as good faith and a payment plan of £500 per month (the court will look faverable on this as you have tried to settle out of court)
Start your court claim and collect your money and pay your bill with it

[ceylon]

wishy my work is done xxx

[jonusboys]

Hi Ceylon, and Wishy

Genius...!!!!

Will sort this out and get let everyone know how I got on.

Thanks a million peeps

[jonusboys]

Hi Guys

I hope someone can give me clarification on this, so I can respond

Found out today that it is a claim in progress, even though the court papers look like something a 3 year old could have made on a PC. Second I have looked at my credit file (the link wishy gave me is really great), it does not show any activity on may file. I have also had no letters asking if they could take a look, or a default notice.

Have they been unfair to me by not asking to have a look at my credit file, should they have done by law?

Regards

[jonusboys]

Hi Guys

Well I eventually got a reply back from the DCA, the first answers to questions in a year...!!!

Anyway as expected I got the usual your wrong, we're right stuff, however some very interesting things came to light.

I hope you great peeps can help out

Well first they refuse to give signed agreements, stating they don't need to as its covered by the 2006 update to the Consumer Credit Act. I had stated that they had broken this, as they did not supply signed agreements when asked. They were then quick to distance themselves for the CCA, stating that the contracts fall under "Standard Contract Law". As far as i'm aware, I feel that in that case they do need to provide signed documents by all parties?

Could someone please clarify this and point me to the correct piece of legislation, so I can swat up

Kindest regards all