Need help with court letter

Need help with court letter

Postby Belladonna » Tue Jun 30, 2009 10:40 am

Hi,
I have an outstanding debt with my Paypal credit card.
Over the last few months I have talked with them explaining that not earning much as self employed and recent house move has left me not able to repay at the moment. About 3 months ago they moved the debt into the hands of Link for recovery. I repeated myself and told them the same story. However, they pested me with letters and phone calls. Then somebody told me of this site (THANKYOU!!!).......................... so I sent the a rebuttel form from the templates.
Just when I thought this had worked and they had left me alone to move house and earn some money, this morning I get a letter from the courts asking for all the monies. :cry:
Can somebody advise me of a possible next step please.
Much appreciated.
Belladonna
 
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Re: Need help with court letter

Postby HappyCat » Tue Jun 30, 2009 1:08 pm

Hi Belladonna, I'm not that well informed in regard to DCA's as I have not had to deal with any so far, however, if you are saying that you sent the DCA rebuttal template to them, then it states quiet clearly in it that they are to cease all contact with you, which it seems they have done, however, you now say you have received a court letter. Was this a summons? Might be good if you could post it up for folk to see so they have a better idea of how to advise you.

If it is a summons then I can only suggest sending the summons template to the court. There is also a thread on this site in regard to a similar thing, take a look if you have not already as this might help you.
viewtopic.php?f=65&t=569&p=4310&hilit=paypal#p4310

Sorry have not been a great help but I am sure that some other member with a bit more knowledge of this will be along soon and may be able to help you further. Good luck with it.

:love: :peace:
Danielle
Emancipate yourselves from mental slavery;
None but ourselves can free our minds. Bob Marley (Redemption Song)
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Re: Need help with court letter

Postby museman » Tue Jun 30, 2009 1:15 pm

Hey Belladonna,

as HappyCat said, it would be good if you could post up the correspondence you've had from the courts. If you do that though, please make sure you remove your personal details.

cheers, Phil
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Re: Need help with court letter

Postby Belladonna » Tue Jun 30, 2009 1:27 pm

Thanks for your help so far.......................
I can't post it on site at moment, but it is a claim form from the court, asking if I admit to the amount stated and what I propose to do about it, ie, pay in full, send personal details as to what I can afford to pay back or disagree with the claim.
Sorry can't post it on right now, but am glad for any help.
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Re: Need help with court letter

Postby 1965freeman » Tue Jun 30, 2009 4:19 pm

I am in a similar situation although a little 'further down the line'
DO NOT UNDER ANY CIRCUMSTANCES fill in the court's blue form or use their moneyclaim.gov website.
They are merely offering you the service of acting as an adjudicator in this matter - although they won't tell you this openly.
YOU DO NOT have to accept their jurisdiction, BUT, I repeat DO NOT tick the 'I intend to dispute jurisdiction' box on their form or send it back.
PM me if you like and I'll send you a copy of what I sent. So far, they have only replied with an anonymous letter saying that they have received 'my defence' - which means they are now proving themselves to be dishonourable idiots as I have not sent 'a defence'. I sent a 'declaration' asking them to prove that they had absolute proof of the debt, and stating that I did not agree to their jurisdiction in the case. Their letter also says that they have copied my letter to the claimant (HSBC bank) and that if the Bank do not respond within yet another 28 days, then 'The claim will be 'stayed' and that the bank will have to apply to a JUDGE to have the 'stay' lifted.
You have to post a second letter to the claimant themselves, stating that you will pay if they can supply absolute proof of their claim (they won't be able to prove it!) and simply stating that they no longer have any lawful reason to contact the court until the proof you require is forthcoming, as the claim is in dispute.
take care, don't panic. x
Andrew
"Come to the edge, he said. They said: We are afraid. Come to the edge, he said. They came. He pushed them and they flew.” (G.Apollinaire)
I do not offer legal advice, I offer common sense suggestions based on shared knowledge.
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Re: Need help with court letter

Postby kevin » Tue Jun 30, 2009 4:48 pm

dont forget to add a time limit for them to prove the debt, that way if they dont it's them in dishonour not you :sun:
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Re: Need help with court letter

Postby Belladonna » Tue Jun 30, 2009 7:31 pm

Thank you soooooooo much.

I will take note of all said and can breathe again.
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Re: Need help with court letter

Postby Belladonna » Tue Jun 30, 2009 7:32 pm

1965freeman wrote:I am in a similar situation although a little 'further down the line'
DO NOT UNDER ANY CIRCUMSTANCES fill in the court's blue form or use their moneyclaim.gov website.
They are merely offering you the service of acting as an adjudicator in this matter - although they won't tell you this openly.
YOU DO NOT have to accept their jurisdiction, BUT, I repeat DO NOT tick the 'I intend to dispute jurisdiction' box on their form or send it back.
PM me if you like and I'll send you a copy of what I sent. So far, they have only replied with an anonymous letter saying that they have received 'my defence' - which means they are now proving themselves to be dishonourable idiots as I have not sent 'a defence'. I sent a 'declaration' asking them to prove that they had absolute proof of the debt, and stating that I did not agree to their jurisdiction in the case. Their letter also says that they have copied my letter to the claimant (HSBC bank) and that if the Bank do not respond within yet another 28 days, then 'The claim will be 'stayed' and that the bank will have to apply to a JUDGE to have the 'stay' lifted.
You have to post a second letter to the claimant themselves, stating that you will pay if they can supply absolute proof of their claim (they won't be able to prove it!) and simply stating that they no longer have any lawful reason to contact the court until the proof you require is forthcoming, as the claim is in dispute.
take care, don't panic. x
Andrew


Thank you.................... :sun:
I will try to sort this tomorrow and if have any problems will do as you ahve kindly suggested and PM you.
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Re: Need help with court letter

Postby kevin » Tue Jun 30, 2009 7:40 pm

if you can you could post or type up what response your going to send here and someone will give it the once over
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Re: Need help with court letter

Postby matthew8 » Wed Jan 19, 2011 9:52 pm

Hi guys. I'm pretty new to this stuff and am very stressed with the matter, so any help would be greatly appreciated. I have received a court summons for a lawsuit filed by a debt collector. Here is the complaint which was filed Jan 4th and received Jan 7th (summons says I have 28 days to reply):
Complaint
1. Chase Bank USA N.A. issued credit card number XXXXXXXXXXXXXXXX to Defendant(s) who used or authorized others to use said card and thereby became liable for the charges made on said credit card and became bound by the Terms and Conditions or Cardholder Agreement issued to Defendant(s) by Chase Bank USA N.A..
2.Plaintiff purchased the obligations owed by Defendant to Chase Bank USA N.A., and Plaintiff is now the legal owner of the obligation.
3. Upon information and belief, Plaintiff is owed the charged off sum of $XXXX.XX, plus accrued interest of $XXXX.XX, plus future interest at XX.00% and Defedant is/are in default of his/her/their obligation to pay said balance.
4. Attached hereto are copies of some significant account records of Chase Bank USA N.A. in possession of Plaintiff and, if an account statement of the original creditor is not attached hereto, then a summary account statement prepared by or at the request of Plaintiff and/or an account affidavit listing the amount owed by Defendant is attached. Any account records of Chase Bank USA N.A. that are not attached are not attached because, upon information and belief: (a.) Plaintiff is not the original creditor and does not have possession, custody or control of said records; and/or (b) if this action is based upon a credit card account, statements were sent monthly by Chase Bank USA N.A. to Defendant and are, or were, in the possession, custody and control of Defendant; and/or (c) said records may be voluminous; and/or (d) said records are not available to Plaintiff and/or may have been destroyed.
5.Upon information and belief, despite being sent monthly statements by Chase Bank USA N.A., Defendant(s) has/have never disputed any charges included in the balance set forth herein accordance with the requirements of the Terms and Conditions or Cardholder Agreement issued by the original creditor to Defendant, thereby creating an account stated.
6. Despite any language contained in any document attached to any pleading in this action or any other document filed with the court or served upon or sent to Defendant, Plaintiff is NOT seeking any judgment for attorney fees in this lawsuit.
WHEREFORE, Plaintiff prays for judgement against Defendant for the charged off sum of $XXXX.XX plus accrued interest of $XXXX.XX, plus future interest at XX% after December 28, 2010 plus costs of this action.
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