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LondonlawyerJ
LondonlawyerJ, Advocate
Category: Law
Satisfied Customers: 777
Experience:  Solicitor with over 15 years experience.
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Hi I have received a claim form from county court, heading

Customer Question

Hi
I have received a claim form from county court, heading In the county court business centre, claiming I owe £ 12643.61.
The debt was in 2002 and assigned to the claimant 2006.
i have recently started receiving notices from a debt collections agency.
1. i have no recollection of this debt. and have written to them to send details.
No answers, and now this court claim.
I have 14 days to submit.
Your advice please, and do i need to employ your services in this matter.
thank you.
Submitted: 1 year ago.
Category: Law
Expert:  LondonlawyerJ replied 1 year ago.
Customer:

Hello, I am a solicitor with 20 years experience. I will try to help you with this.

Customer:

Why do they say you owe this money?

JACUSTOMER-oe0mgwus- :

Hi

JACUSTOMER-oe0mgwus- :

Hello

JACUSTOMER-oe0mgwus- :

Thank you for your response.

JACUSTOMER-oe0mgwus- :

Cabot financial are debt collectors who say they have bought a debt from Halifax, they have not responded to my letters questioning them that i require to know more about this debt and see the signed copy of the agreement. now i have received a summons from their solicitors and which is a county court summons from Northampton. I would like to respond to this ASAP as my 14 days will expire soon..

JACUSTOMER-oe0mgwus- :

they say in court papers, this was a loan from halifax

JACUSTOMER-oe0mgwus- :

hello, still waiting for reply, sory was not awake later yesterday to respond. do not have much time for this matter

Customer:

Did you ever have a loan from Halifax and if so when? If not when do they say the agreement was made and when do they say it was breached?

JACUSTOMER-oe0mgwus- :

hello. I do not recall this loan, they say that the loan was in 2002, and cabot took transaction in 2006

Customer:

There is timie limit for bringing claims for breach of contract (ie here an alleged breach of a loan) of 6 years. It seems that you are outside this time limit and shoud ther fore have completed defence unless the contfact was "under deed" in whic case the tmie limit is longer.

JACUSTOMER-oe0mgwus- :

i can scan email the summons

Customer:

Would you recall taking out the loan?

JACUSTOMER-oe0mgwus- :

perhaps i can , will have to check. but there was no contact from 2006 until 2013.

JACUSTOMER-oe0mgwus- :

the six years are past

JACUSTOMER-oe0mgwus- :

the summons has just arrived 16th dec

Customer:

You should write to them saying that you deny the claim, that you didn't take out any loan with Halifax (if that is true) or that you can not recall taking out a loan and requiring evidence of the loan from them I f that is true) and telling them that their claim is out of time. You should tell them that if they issue proceedings you will defend them and seek costs against them. It may well be that this is shakedown and a vigorous response will end the matter.

JACUSTOMER-oe0mgwus- :

that was said before. now i have to reply to court.

JACUSTOMER-oe0mgwus- :

so which question on the summons. do i say i have recipt and require 28ndays for defence or deny the claim and send

Customer:

scan me the claim form please.

JACUSTOMER-oe0mgwus- :

ok doing now

JACUSTOMER-oe0mgwus- :

sory my computer does not accept this attachment.can i email?

JACUSTOMER-oe0mgwus- :

will i also be able to transfer this matter to a court near me if it goes further

JACUSTOMER-oe0mgwus- :

i think i have managed to send, have you received. ths

JACUSTOMER-oe0mgwus- :

it says.

JACUSTOMER-oe0mgwus- :

may b i can fax

JACUSTOMER-oe0mgwus- :

awaiting your reply to email or fax this document

JACUSTOMER-oe0mgwus- :

if email or fax this is not possible, perhaps i can type the details of the summons for you to look at. thx

JACUSTOMER-oe0mgwus- :

hello a response please

JACUSTOMER-oe0mgwus- :

Hello again, any body there to respond?

JACUSTOMER-oe0mgwus- :

sorry, but i do not appreciate this situation presently. surely there is either an email or fax facilities that can enable us to communicate, as not all computers may be compatible to yours.

JACUSTOMER-oe0mgwus- :

hoping to get a response within 1 hour or will be applying for a refund, as i am not any further than i was before.

JACUSTOMER-oe0mgwus- :

I have not received the service required. I have applied to pay pal for a full refund. please ensure you refund my money in full. You have not helped me at all. my problem still remains.

Customer:

You need to file a defence at court. The defence should include the matters I set out above. You can use form N9B. http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n009b-eng.pdf It might well be a good idea to instruct a solicitor to help you as you will probably be outside the small claims court and in the fast track where legal costs orders are made.

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