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Basic first Steps to take on receipt of a Consumer Credit Court Claim

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  • Basic first Steps to take on receipt of a Consumer Credit Court Claim

    NOTE: IF YOU HAVE SENT OFF THE LETTERS DO NOT JUST WAIT FOR REPLIES, SOME TIMES THE CLAIMANT DOESN'T RESPOND - YOU MUST PUT IN A DEFENCE (or admission) WITH 28 DAYS OF RECEIVING THE CLAIM - PLEASE ASK ON THE FORUM


    Firstly, don't panic.

    Secondly, many of these Consumer Credit debt based Court Claims are issued through the County Court Business Centre and are rather lacking in detail and information. The are often claims bought by debt purchasers who don't have the paperwork to back them up to hand and who wing it on the hope that they obtain a default judgment.

    So, first steps (within 14 days of receiving the claim)

    1: ACKNOWLEDGE THE CLAIM - you can do this online usually at www.moneyclaim.gov.uk
    You'll need your claim reference and password from the front of the claim form - this will extend the time you have to respond to the claim to 28 days from when you received it

    2: Send A CCA REQUEST to the CLAIMANT ( see here )
    This applies to all credit cards / loans / hire purchase / store cards type debt. It doesn't apply to Mobile Phones / Utilities or Overdrafts.


    3: Send a CPR request to the CLAIMANT'S SOLICITORS ( see here )

    This applies to everything unless they happen to have supplied you with a bunch of paperwork to back up their claim (v. unlikely) You can include a copy of your CCA request with this letter for information.

    If you are unsure of any of those steps then please make a new thread on the forum (you must be registered to do this)

    Once those letters have been sent off you should make a new thread on the forum (you must be registered to do this) and make a post titled the claimants name v your username, and containing the date of issue from your claim form, date of service (ie when you received the claim form), type out the Particulars of Claim (exclude account numbers) and tell us the approx amount of the claim. Also tell us any specific disputes or background to the claim you may have. If you know please also tell us the last time you made a payment towards the debt or acknowledged the debt in writing, and confirm you have acknowledged the claim, and what letters you have sent off.
    OR
    If you received a court claim and want to start a new thread in this forum please post the following information as your first post.

    Received a claim?
    Issue Date:
    Amount approx:
    Claimant:
    Solicitor:
    Original Creditor:
    Particulars of Claim: Please type out in full excluding names/account numbers
    Is the debt Statute Barred?
    List any letters you have sent:
    Any Other Info:



    Thank you.

    IF YOU HAVE SENT OFF THE LETTERS DO NOT JUST WAIT FOR REPLIES, SOME TIMES THE CLAIMANT DOESN'T RESPOND - YOU MUST PUT IN A DEFENCE (or admission) WITH 28 DAYS OF RECEIVING THE CLAIM - PLEASE ASK ON THE FORUM



    And people here will help guide you through the next steps.

    NOTE: The defence date is 28 days from service (ie when you received the claim) or 33 days (which allows 5 days for service) from the issue date printed on the front of the claim form. You can work out the date HERE >>> http://www.timeanddate.com/date/dateadd.html

    We now feature a number of specialist consumer credit debt solicitors on our sister site, lbcompare.co.uk- If your case is over 10,000 or particularly complex it may be worth a chat with a solicitor, often they will be able to help on a fixed fee or CFA (no win, no fee) basis.
    Last edited by Amethyst; 2nd March 2016, 13:21:PM.
    Common Sense .... if in doubt, use it !

    “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

    Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

    Find Solicitors offering fixed fees on our sister site - JustBeagle.com

  • #2
    Re: Basic first Steps to take on receipt of a Consumer Credit Court Claim

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    Last edited by Amethyst; 17th December 2014, 09:04:AM.
    Common Sense .... if in doubt, use it !

    “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

    Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

    Find Solicitors offering fixed fees on our sister site - JustBeagle.com

    Comment

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    SHORTCUTS

    Pre-Action Letters
    First Steps
    Check your dates
    Acknowledge a Claim
    CCA Request Letter
    CPR 31.14 Request Letter
    Subject Access Request Letter
    Example Defence
    Set Aside Application



    If you received a court claim and would like some help and support dealing with it, please read the first steps and make a new thread in the forum with as much information as you can.


    NOTE: If you receive a court claim note these dates in your calendar ...
    Acknowledge Claim - within 14 days from Service

    Defend Claim - within 28 days from Service (IF you acknowledged in time)

    If you fail to Acknowledge the claim you may have a default judgment awarded against you, likewise, if you fail to enter your defence within 28 days from Service.





    We now feature a number of specialist consumer credit debt solicitors on our sister site, JustBeagle.com
    If your case is over 10,000 or particularly complex it may be worth a chat with a solicitor, often they will be able to help on a fixed fee or CFA (no win, no fee) basis.

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