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  • GUIDES & LETTERS

    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

    If you received a court claim and want to start a new thread in this forum please read THIS POST about your first steps and make a new thread in the forum

    PLEASE DO NOT SEND THINGS WITHOUT READING THEM FIRST. IF YOU DO NOT UNDERSTAND SOMETHING - ASK !! - We LIKE QUESTIONS !!!

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    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.

    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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court claim from lowell for provident. plz help

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  • #61
    Re: court claim from lowell for provident. plz help

    Originally posted by flicky1314 View Post
    I probably will resend it. And send it guaranteed.
    If you decide to do that then enclose a copy of the first CCA Request you sent together with a copy of your proof or posting (the 'signed for' receipt given to you at the post office counter).

    Tell them that since you've not received any acknowledgement of your first CCA Request you are sending another but also remind them that the statutory deadline for complying with your request runs from the date of the first one you sent.

    As far as the court is concerned the first one would be "deemed served" if you have proof of posting.

    However if you feel more comfortable sending another then that's no bad thing just don't let them shift the deadline for complying by another two weeks.

    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


    • #62
      Re: court claim from lowell for provident. plz help

      [MENTION=87380]Diana M[/MENTION]. Thank you hun I'll do that x

      Comment


      • #63
        Re: court claim from lowell for provident. plz help

        Originally posted by flicky1314 View Post
        @Diana M. Thank you hun I'll do that x
        Doing it this way will send out the signal that you're not daft so the fact they may pretend not to have received your first CCA request (implying you never sent it so they didn't need to comply) won't wash.

        Keep checking the Royal Mail website for any update - it can take 14 working days for it to update/upload information.

        In court last week a barrister who shall remain nameless (let's call him Pinocchio ) told the court that we hadn't served our client's witness statement. We were able to produce the Special Delivery receipt.

        The fact the WS was also in the Trial Bundle helped too.

        So the DJ adjourned for ten minutes to give him Mr Pinocchio time to read it.

        That possible 'untruth' set the scene for the rest of the morning. It's always useful to let the judge know the other side isn't entirely honest so their whole credibility becomes an issue.

        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


        • #64
          Re: court claim from lowell for provident. plz help

          Ok thank u. I just don't want them to say they never received the first one even when I posted it. So like u say at least if I send another it's proof. Just worrying a little as only 13 days left for defence.

          Comment


          • #65
            Re: court claim from lowell for provident. plz help

            Originally posted by flicky1314 View Post
            I just don't want them to say they never received the first one even when I posted it. So like u say at least if I send another it's proof. Just worrying a little as only 13 days left for defence.
            They have 12 working days to comply with your CCA Request before you can say they haven't complied (obviously).

            If your Defence is due to be filed before that deadline expires (for your second Request) then consider whether it may make sense to refer to your first CCA Request in your Defence, because that one will be in a period of non compliance at the time you file your Defence.

            If you follow me.

            Also thirty days must elapse between CCA Requests (in order for the subsequent one to be valid) if you want to claim non-compliance (with the second one).

            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


            • #66
              Re: court claim from lowell for provident. plz help

              [MENTION=87380]Diana M[/MENTION] I really haven't a clue what you just said lol. I'm sorry. I'll send it off and nearer the time come back to you if and when I hear anything. As I'll prob need some help with my defence. But thank you for the advice. X

              Comment


              • #67
                Re: court claim from lowell for provident. plz help

                [MENTION=87380]Diana M[/MENTION] I've sent off the second cca request with a photocopy of the first cca and sent it special delivery but I forgot to put a photocopy of first receipt as proof of first cca will it matter??

                Comment


                • #68
                  Re: court claim from lowell for provident. plz help

                  Not the end of the world

                  Did you tell them you had sent the first CCA request rather than just including a copy?

                  I'm sure Di will pop in to reassure you (or slap my wrist)
                  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


                  • #69
                    Re: court claim from lowell for provident. plz help

                    Originally posted by flicky1314 View Post
                    @Diana M I've sent off the second cca request with a photocopy of the first cca and sent it special delivery but I forgot to put a photocopy of first receipt as proof of first cca will it matter??
                    It won't really matter if you sent the covering letter I suggested where you told them that you had previously send a CCA Request on such-and-such a date etc.

                    It would have been nice to have included the proof of posting from the first request to make them acutely aware of the situation, as long as you have still got that evidence which you can produce later if you need it.

                    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


                    • #70
                      Re: court claim from lowell for provident. plz help

                      Hi guys. Yeah I did say In the letter that I had previously sent one and the date. I've also still got the first postage proof.

                      Comment


                      • #71
                        Re: court claim from lowell for provident. plz help

                        Hi guys. Well I haven't received anything yet but defence is due next Monday. Shall I start preparing it. Getting worried now.

                        Comment


                        • #72
                          Re: court claim from lowell for provident. plz help

                          By all means start to prepare your Defence now, but a week is a long time in legal proceedings so be prepared to edit it (before you file it) if anything changes or materialises in the meantime.

                          You want to avoid the expense and faff of seeking permission from the court to file an Amended Defence if needed.

                          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


                          • #73
                            Re: court claim from lowell for provident. plz help

                            Defence Example

                            Comment


                            • #74
                              Re: court claim from lowell for provident. plz help

                              Ok thank you [MENTION=87380]Diana M[/MENTION] and [MENTION=3599]MIKE770[/MENTION] I'll give it another couple of days see if anything turns up. When I have done it can i plz post it for you to give it the once over and check if it's ok

                              Comment


                              • #75
                                Re: court claim from lowell for provident. plz help

                                Originally posted by flicky1314 View Post
                                Ok thank you @Diana M and @MIKE770
                                You can always rely on @MIKE770 to provide template links on Room Service

                                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

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