County Court Claim form

by njk Thu Mar 26, 2020 2:55 pm

Hi all

I've received a claim form from County Court Business Centre, looks like a Tesco credit card I was making £1 payments to has been passed to Intrum who have put in a court claim, I've started the 3 letter process today and looking for advise how to fight the claim. I've had good results in the past with other DCA's but not starting this late. I would be grateful for any advice you guys have.

by **Mrblue2015** Thu Mar 26, 2020 4:38 pm

May I ask why you "started this late" this time round?

Have you received a letter from the actual court or a solicitor acting on behalf of Intrum?

by flyingfish Thu Mar 26, 2020 4:50 pm

I think it's a bit late for the three letters if that's an actual claim form. If so you need to acknowledge service with intent to defend, then start thinking about your defence. What are they claiming, and how can you casts sufficient doubt? On what basis were you making the £1 payments, was that an agreed repayment plan?

by njk Mon Mar 30, 2020 3:42 pm

Mrblue2015 wrote:May I ask why you "started this late" this time round?

Have you received a letter from the actual court or a solicitor acting on behalf of Intrum?

Thanks for your reply, I returned all letters form them as "addressee unknown", I have never contacted Intrum at any point regarding this debt, Its a county court "claim form" which I have acknowledged the claim by defending the claim.

by njk Mon Mar 30, 2020 3:52 pm

flyingfish wrote:I think it's a bit late for the three letters if that's an actual claim form. If so you need to acknowledge service with intent to defend, then start thinking about your defence. What are they claiming, and how can you casts sufficient doubt? On what basis were you making the £1 payments, was that an agreed repayment plan?

They are claiming that a debt from Tesco was transferred to them and they are the legal owner now, I was making £1 payments after going through the 3 letter process with Tesco bank, I came to an arrangement with Tesco back in 2012 to pay £1 per month which continued with the agreement of Tesco until it was transferred last year.

Thank you

by **Mrblue2015** Mon Mar 30, 2020 4:08 pm

You should never use “address unknown return to sender” for debt purchasers else you could end up with a CCJ by default.

I am not able to support you regarding court claims I’m afraid, as I have no personal experience but hopefully someone else on here will be able to help you Smile

by **daveiron** Mon Mar 30, 2020 4:12 pm

You need to do a subject access request to Tesco's asap.

by **Mrblue2015** Mon Mar 30, 2020 5:16 pm

daveiron wrote:You need to do a subject access request to Tesco's asap.

Agreed with DI, as this will support your case going forward.

by njk Mon Mar 30, 2020 6:17 pm

daveiron wrote:You need to do a subject access request to Tesco's asap.

Thanks for your quick reply, do you have any information on how I do a subject access request?

by **Mrblue2015** Mon Mar 30, 2020 6:24 pm

Address to the Legal Dept of the OC:

Dear Sir/Madam,

This is a data subject access data request as per the Data Protection Act, the EU GDPR and The Freedom of Information Act 2000.

Please supply any and all of the information that <bank / CC provider> holds on me:

Name:
DOB:
Address:

May I remind you that you are required to reply in full and within one calendar month

by njk Mon Mar 30, 2020 6:35 pm

Mrblue2015 wrote:Address to the Legal Dept of the OC:

Dear Sir/Madam,

This is a data subject access data request as per the Data Protection Act, the EU GDPR and The Freedom of Information Act 2000.

Please supply any and all of the information that <bank / CC provider> holds on me:

Name:
DOB:
Address:

May I remind you that you are required to reply in full and within one calendar month

That's great, thank you, do I need to send s fee?

by **daveiron** Mon Mar 30, 2020 6:53 pm

No its free

by njk Tue Mar 31, 2020 9:49 pm

daveiron wrote:No its free

Thanks, it's unlikely I'll receive the SAR information I need for my defence before the closing date, any suggestions what I need to put in the defence without replies from the 3 letter process and SAR? thanks guys.

by waylander62 Tue Mar 31, 2020 11:12 pm

have just read through this briefly

you need to send off an official CCA request for a copy of any agreement as soon as possible, send recorded delivery and give them 7 days to provide this.

a defence is not going to be easy, they have obviously not provided any evidence of their claim which can be a good defence to any claim, however because you have sent everything back return to sender then you will not have requested this information or documentation so the court will frown upon this lack of response.

you have acknowledged the claim so the court will be fully aware that their letters will have reached you and it will simply appear that you are a 'debt avoider' which again the courts do not like.

the 3 letters will not help you now, you need to send a part 18 request for further information, a request based upon their particulars of claim requiring proof of what they are telling the court

there is very little info on this debt so difficult to offer an opinion, when did the £1 payments stop ?

by **daveiron** Wed Apr 01, 2020 8:04 am

Sorry for the confusion. The SAR is free since May 2018 and that relates to
my post . I understand the £1 fee still applies to the CCA request.

by waylander62 Wed Apr 01, 2020 10:43 am

daveiron wrote:Sorry for the confusion. The SAR is free since May 2018 and that relates to
my post . I understand the £1 fee still applies to the CCA request.

that is correct

in any CCA request ALWAYS make sure it includes a line that states this £1 is for the statutory fee only and is NOT to be used for any other purpose.

by njk Wed Apr 01, 2020 1:13 pm

waylander62 wrote:
daveiron wrote:Sorry for the confusion. The SAR is free since May 2018 and that relates to
my post . I understand the £1 fee still applies to the CCA request.

that is correct

in any CCA request ALWAYS make sure it includes a line that states this £1 is for the statutory fee only and is NOT to be used for any other purpose.

So should I have included £1 when I sent letter one, I'm a little confused with the abbreviations, please can you let me know what a "Part 18" is thank you

by waylander62 Wed Apr 01, 2020 4:56 pm

no letter 1 will not suffice as an official CCA request for a copy of any agreement, you need to send an official CCA request pursuant to sections 77-79 of the CCA.

concentrate on that first send it off asap and then we will look at tackling the part 18 request which is a bit more complicated and should be built around their particulars of claim.

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