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    Shortcuts for Consumer Credit Court Claims.

    Check your dates || PRE-ACTION || First Steps || Acknowledge a Claim || Guides || Example Defence || CCA Request Letter || CPR 31.14 Request Letter || Set Aside Application || Subject Access Request Letter

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    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.

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URGENT HELP PLEASE CPR 31.14 request non compliance

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  • URGENT HELP PLEASE CPR 31.14 request non compliance

    Received CCJ Claim form issue date 1 Feb, received 3rd Feb. Sent CPR 31.14 to both claimant and solicitors on 10th February by recorded delivery and were signed for on 14th February but have received no response. My defence needs to be in by next Monday. Do I send them a reminder and is there a template for this or what do I do now?
    Tags: None

  • #2
    Re: URGENT HELP PLEASE CPR 31.14 request non compliance

    Help now mega urgent!!

    Comment


    • #3
      Re: URGENT HELP PLEASE CPR 31.14 request non compliance

      Hi repunzel

      What is the claim for? (Credit card, loan, utility bill, mobile phone bill etc).
      Approx how much is being claimed?
      Could you post up the Particulars of Claim, your CPR request & the name of the Claimant & their legal rep (if applicable).
      CAVEAT LECTOR

      This is only my opinion - "
      Opinions are made to be changed --or how is truth to be got at?" (Byron)

      You and I do not see things as they are. We see things as we are.
      Cohen, Herb

      There is danger when a man throws his tongue into high gear before he
      gets his brain a-going.
      Phelps, C. C.

      "They couldn't hit an elephant at this distance!"
      The last words of John Sedgwick

      Comment


      • #4
        Re: URGENT HELP PLEASE CPR 31.14 request non compliance

        So so appreciate your help.


        I think I attached CCJ. New to this!! Cannot post CPR request as on computer at home but standard one used from here. Deadline is Monday, what to do now?
        Attached Files
        Last edited by Amethyst; 2nd March 2017, 09:52:AM.

        Comment


        • #5
          Re: URGENT HELP PLEASE CPR 31.14 request non compliance

          You might want to redact the claim no. & password from the posted claim form.

          I'm guessing either a loan or a credit card; could you confirm, & if so, which?

          If so, have you sent a CCA request to the Claimant?

          & a SAR to the original creditor?
          CAVEAT LECTOR

          This is only my opinion - "
          Opinions are made to be changed --or how is truth to be got at?" (Byron)

          You and I do not see things as they are. We see things as we are.
          Cohen, Herb

          There is danger when a man throws his tongue into high gear before he
          gets his brain a-going.
          Phelps, C. C.

          "They couldn't hit an elephant at this distance!"
          The last words of John Sedgwick

          Comment


          • #6
            Re: URGENT HELP PLEASE CPR 31.14 request non compliance

            Originally posted by repunzel223 View Post
            Received CCJ Claim form issue date 1 Feb, received 3rd Feb. Sent CPR 31.14 to both claimant and solicitors on 10th February by recorded delivery and were signed for on 14th February but have received no response. My defence needs to be in by next Monday. Do I send them a reminder and is there a template for this or what do I do now?
            It appears you only sent a CPR 31.14 Request but not a Section 77-79 CCA Request.

            If that's the case you should send the CCA Request to the Claimant (with a copy to their solicitors) immediately.

            This forum has a template > http://legalbeagles.info/forums/show...=7670#post7670

            Di
            I am a Litigation Executive at Joanna Connolly Solicitors a firm which specialises in consumer credit.

            This forumís site rules donít allow me to give advice by PM but if you need to contact me please email di@joannaconnollysolicitors.co.uk. Our initial advice is always free.


            Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

            Comment


            • #7
              Re: URGENT HELP PLEASE CPR 31.14 request non compliance

              No, not CCA request or SAR to original creditor to date. So what do I do? Surely they should have responded to CPR request in any event.

              Comment


              • #8
                Re: URGENT HELP PLEASE CPR 31.14 request non compliance

                If this is the case and my defence is due on Monday, what do I do?

                Comment


                • #9
                  Re: URGENT HELP PLEASE CPR 31.14 request non compliance

                  Send the CCA request per @Diana M's post above.
                  & @Amethyst's post below

                  Tweak the defence example (top of thread) to say 'CCA (s77-79) request sent to Claimant (date) & awaiting reply'

                  Send SAR.
                  CAVEAT LECTOR

                  This is only my opinion - "
                  Opinions are made to be changed --or how is truth to be got at?" (Byron)

                  You and I do not see things as they are. We see things as we are.
                  Cohen, Herb

                  There is danger when a man throws his tongue into high gear before he
                  gets his brain a-going.
                  Phelps, C. C.

                  "They couldn't hit an elephant at this distance!"
                  The last words of John Sedgwick

                  Comment


                  • #10
                    Re: URGENT HELP PLEASE CPR 31.14 request non compliance

                    Get a CCA request sent off now to Cabot - http://legalbeagles.info/forums/show...y-of-Agreement - , and adapt the standard defence to suit - yes they should have responded to the CPR request they have mentioned the default notice, notice of assignment, contract and terms so have no reason to avoid complying with the request. there's a starting point for your defence http://legalbeagles.info/forums/show...t-Court-Claims

                    Are there any specific issues you have had with the debt previously ? Do you know if it was a c/card/loan / overdraft at all ?
                    “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


                    • #11
                      Re: URGENT HELP PLEASE CPR 31.14 request non compliance

                      A bank loan, so appreciate all your help.

                      Comment


                      • #12
                        Re: URGENT HELP PLEASE CPR 31.14 request non compliance

                        I know from recent experience just how daunting it is to receive a claim but by following the advice here you will get great help

                        AS everyone else has said, CCA request today and try to get you defence in by tomorrow late on- just in case ( when my claim arrived the system went down over the weekend)
                        Any advice or opinions I offer are based on my experience dealing with personal debt as well as other life events.
                        I have no formal legal training
                        Any advice is offered without liability
                        If in doubt take professional legal advice or contact the CAB

                        Comment


                        • #13
                          Re: URGENT HELP PLEASE CPR 31.14 request non compliance

                          Bearing in mind I am only just sending CCA request, can I use this in my defence. Do I have attach all documentary evidence and recorded delivery proof.

                          11. The Claimant has failed to comply with s77 (1) / s 78 (1) Consumer Credit Act 1974 and by virtue of s77 (4) / s 78 (6) Consumer Credit Act 1974 cannot enforce the agreement.

                          Comment


                          • #14
                            Re: URGENT HELP PLEASE CPR 31.14 request non compliance

                            Originally posted by repunzel223 View Post
                            Bearing in mind I am only just sending CCA request, can I use this in my defence.

                            Yes

                            Do I have attach all documentary evidence and recorded delivery proof.

                            No

                            11. The Claimant has failed to comply with s77 (1) / s 78 (1) Consumer Credit Act 1974 and by virtue of s77 (4) / s 78 (6) Consumer Credit Act 1974 cannot enforce the agreement.
                            Just say that you sent a CCA ss77-79 request on (date) & that you are awaiting for the Claimant to respond
                            CAVEAT LECTOR

                            This is only my opinion - "
                            Opinions are made to be changed --or how is truth to be got at?" (Byron)

                            You and I do not see things as they are. We see things as we are.
                            Cohen, Herb

                            There is danger when a man throws his tongue into high gear before he
                            gets his brain a-going.
                            Phelps, C. C.

                            "They couldn't hit an elephant at this distance!"
                            The last words of John Sedgwick

                            Comment


                            • #15
                              Re: URGENT HELP PLEASE CPR 31.14 request non compliance

                              Originally posted by repunzel223 View Post
                              Bearing in mind I am only just sending CCA request, can I use this in my defence. Do I have attach all documentary evidence and recorded delivery proof.

                              11. The Claimant has failed to comply with s77 (1) / s 78 (1) Consumer Credit Act 1974 and by virtue of s77 (4) / s 78 (6) Consumer Credit Act 1974 cannot enforce the agreement.
                              As someone said to me, the defence is relatively brief, War and Peace comes in the witness statement

                              Remember you can submit your defence online or by email
                              Any advice or opinions I offer are based on my experience dealing with personal debt as well as other life events.
                              I have no formal legal training
                              Any advice is offered without liability
                              If in doubt take professional legal advice or contact the CAB

                              Comment

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