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Recevied a court claim, require help for O/D debt

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  • #16
    Re: Recevied a court claim, require help for O/D debt

    From my experience the consumer credit act and its regulations and FSMA is such a complex area of law it is difficult for an untrained LIP to firstly identify all breaches and secondly articulate it in pleadings and at court. They are also up against claimants with deep pockets who can put forward barristers etc on the day.

    There is no equality of arms in the small claims court for the LIP in consumer credit act claims.

    I think the CPR rules should be amended so CCA money claims have to be issued using the Consumer Credit Act procedure as in Hire Purchase claims so that the claimant had to demonstrate to the court that it had complied with its statutory obligations under the Consumer Credit Act and that they are entitled lawfully to enforce the agreement
    I am a solicitor who specialises in consumer credit and my firm is Joanna Connolly Solicitors. A leading case of mine Carey v HSBC Bank plc [2009] EWHC 3417 (QB) (High Court) set the legal precedents for creditors compliance with section 77 & 78 Consumer Credit Act 1974 statutory requests & enforcement of debts in court.

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

    Any posts I make on Legal Beagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide on the forum 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

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    • #17
      Re: Recevied a court claim, require help for O/D debt

      Originally posted by Joanna C View Post
      From my experience the consumer credit act and its regulations and FSMA is such a complex area of law it is difficult for an untrained LIP to firstly identify all breaches and secondly articulate it in pleadings and at court. They are also up against claimants with deep pockets who can put forward barristers etc on the day.

      There is no equality of arms in the small claims court for the LIP in consumer credit act claims.

      I think the CPR rules should be amended so CCA money claims have to be issued using the Consumer Credit Act procedure as in Hire Purchase claims so that the claimant had to demonstrate to the court that it had complied with its statutory obligations under the Consumer Credit Act and that they are entitled lawfully to enforce the agreement

      So near the truth/requirements - Joe for PM.

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      • #18
        Re: Recevied a court claim, require help for O/D debt

        But if the consumer credit act procedure was used although it would halt the many thousands of default judgment being obtained without the creditor not having to provide any evidence of regulatory compliance it doesn't assist in evaluating uneforceability itself . No one case is the same and with creditors relying on "reconstituted " documents the "devil is in the detail".

        I have also found that assigned debts ( whether regulated by the CCA or not regulated) are often successfully defended on no evidence debt assigned. But again it is for different reasons and involve increasinglycomplex arguments.
        I am a solicitor who specialises in consumer credit and my firm is Joanna Connolly Solicitors. A leading case of mine Carey v HSBC Bank plc [2009] EWHC 3417 (QB) (High Court) set the legal precedents for creditors compliance with section 77 & 78 Consumer Credit Act 1974 statutory requests & enforcement of debts in court.

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

        Any posts I make on Legal Beagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide on the forum 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


        • #19
          Re: Recevied a court claim, require help for O/D debt

          In other words it is not as Claimant solicitors like to say on directions questionnaires "only a debt claim for money".
          I am a solicitor who specialises in consumer credit and my firm is Joanna Connolly Solicitors. A leading case of mine Carey v HSBC Bank plc [2009] EWHC 3417 (QB) (High Court) set the legal precedents for creditors compliance with section 77 & 78 Consumer Credit Act 1974 statutory requests & enforcement of debts in court.

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

          Any posts I make on Legal Beagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide on the forum 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


          • #20
            Re: Recevied a court claim, require help for O/D debt

            trouble with the regulation in the UK , no straight yes/no

            they are drafted as gobbly gook = and never a definative direction - too many ifs/buts/maybe, T&Cs well so Is/Ts far beyond straight forwardness.

            No wonder the country and its regulations (heaped to-gether) is a mess at times, you need a legislation to form a legislation,

            Comment


            • #21
              Re: Recevied a court claim, require help for O/D debt

              Originally posted by Joanna C View Post
              In other words it is not as Claimant solicitors like to say on directions questionnaires "only a debt claim for money".
              Originally posted by MIKE770 View Post
              trouble with the regulation in the UK , no straight yes/no

              they are drafted as gobbly gook = and never a definative direction - too many ifs/buts/maybe, T&Cs well so Is/Ts far beyond straight forwardness.

              No wonder the country and its regulations (heaped to-gether) is a mess at times, you need a legislation to form a legislation,
              I guess that "if it was easy, they'd all be doing it!"
              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


              • #22
                Re: Recevied a court claim, require help for O/D debt

                Originally posted by charitynjw View Post
                I guess that "if it was easy, they'd all be doing it!"
                pity they do not do it right in the 1st place, remember decades ago some reason I had interpret USA letter to UK english for officers orders, (spelling differences), and reverse for ease of reference..lol

                Comment


                • #23
                  Re: Recevied a court claim, require help for O/D debt

                  Originally posted by fuqex View Post
                  HI,

                  I decided to send the form to the county court rather than online, I didn't enter anything into the defence section of the claim.

                  I have however received another letter from the court stating the following:

                  With reference to your claim responce. I would like to advise that it is herewith returned to you as invalid as it has not been completed fully.

                  Please give reasons for disputing the claim in section 3 of the N9B defence form.

                  As you have a limited time to reply to the claim form, you may wish to ensure the defence is amended and returned promptly.

                  If you do not complete this form correctly within the prescribed time, the Claimants or their Solicitors may enter Judgement against you in default.

                  If you require any further information please contact our helpdesk on the number above.
                  etc... etc..

                  I was wondering if I could obtain advise on the following:

                  1/ How long have I got now to respond to this letter, it was initially marked as 5th, this letter now has the 15th.
                  2/ What do I enter in section 3 of the court papers I have recevied, to state I am awaiting further information from the bank and solicitors.
                  3/ Should I be better completing this online rather than via the post.

                  I am stuck on what to do and any help would be very much appreciated as I know time is running out now.

                  Kind regards
                  It would seem to me that if the court is saying "Please give reasons for disputing the claim in section 3 of the N9B defence form" and " As you have a limited time to reply to the claim form, you may wish to ensure the defence is amended and returned promptly" that you have not filed an Acknowledgment of Service you have actually filed the Defence Form which is N9B.


                  Because the court hasn’t yet served it on the other side they are giving you the opportunity to file a correct defence before the deadline. Under the CPR rules a party can amend a statement of case (defence), without the need for either consent or the courts permission, if it hasn’t been served on the other side. The court has not yet sent the claimant a copy it would seem.


                  As you haven’t acknowledged service but you have filed a defence you cannot have the extra 14 days.
                  As such for safety I think it prudent that you send the court a defence within 19 days of the claim issue date (14 days plus 5 for service).
                  I am a solicitor who specialises in consumer credit and my firm is Joanna Connolly Solicitors. A leading case of mine Carey v HSBC Bank plc [2009] EWHC 3417 (QB) (High Court) set the legal precedents for creditors compliance with section 77 & 78 Consumer Credit Act 1974 statutory requests & enforcement of debts in court.

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

                  Any posts I make on Legal Beagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide on the forum 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


                  • #24
                    Re: Recevied a court claim, require help for O/D debt

                    Thanks,

                    I have spoken with the court, it seems I may have made a bit of a mistake... being a newbie.

                    I sent the acknowledgement, which they received and actioned, I have until 7th June to send a defence, I however sent the defence part also without completing the defence section and this is what was being refereed to.

                    I shall await now a responce from the banks / solicitors towards my claim.

                    Thanks again

                    Comment


                    • #25
                      Re: Recevied a court claim, require help for O/D debt

                      deleted

                      Comment


                      • #26
                        Re: Recevied a court claim, require help for O/D debt

                        Originally posted by fuqex View Post
                        I have spoken with the court, it seems I may have made a bit of a mistake...

                        . . . I however sent the defence part also without completing the defence section and this is what was being refereed to.
                        It seems the court has done you a favour and given you a chance to rectify the situation.

                        You filed a Defence in theory albeit a blank Defence.

                        As Jo says you can now file an Amended Defence without needing permission from the court >


                        Originally posted by Joanna C View Post
                        Because the court hasnít yet served it on the other side they are giving you the opportunity to file a correct defence before the deadline. Under the CPR rules a party can amend a statement of case (defence), without the need for either consent or the courts permission, if it hasnít been served on the other side. The court has not yet sent the claimant a copy it would seem.

                        Those forms are confusing to ordinary people and that Defence box often causes problems. We had a client who had simply put "I don't owe them any money. You will get a letter from a solicitor" which left the door open for us to file an Amended Defence which was a tad more comprehensive

                        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


                        • #27
                          Re: Recevied a court claim, require help for O/D debt

                          Thankyou.

                          Feel better now that its not just me being confused.

                          Not heard anything from anyone as yet... may have to decide on a defence soon in case i dont hear anything.

                          Any suggestions on a defence... or just that ive received no supporting evidence from restons.

                          Comment


                          • #28
                            Re: Recevied a court claim, require help for O/D debt

                            Defence Example

                            Comment


                            • #29
                              Re: Recevied a court claim, require help for O/D debt

                              Good evening,

                              Any suggestions as i have not heard anything from the bank or restons solicitors as yet with regards to sar (Still have 30 days anyway) and the request for the contract has gone on deaf ears.

                              Should i respond again with another letter asking for the proof again.

                              Thanks again guys

                              Comment


                              • #30
                                Re: Recevied a court claim, require help for O/D debt

                                To keep you all informed,

                                I shall be sending another letter to Restons requesting copies of the contract along with the default notice, giving a further 7 days. After this time I shall have my defence prepared for this claim.

                                In the next couple of days I shall post me defence and see if this would be acceptable... I am relying on a couple of things which ill make everyone aware at the time.

                                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.





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