• Welcome to the LegalBeagles Consumer and Legal Forum. Please register to get the most out of the forum. Registration is free and only needs a username and email address.
  • 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 using THIS FORM.

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

    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.

    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.

Announcement

Collapse
No announcement yet.

*** DISCONTINUED *** Catalogue debt

Collapse
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • #91
    Re: Catalogue debt

    Originally posted by nafta View Post
    I am going to send this by email to the address I have been given. It still needs signing by pen right? I know I am being told all this things but @Diana M said I need to make no mistakes . I will send it by email tomorrow morning. I know the defence is right now just double checking this thing about the signature so I can print it and sign it and then scan it. By email I will send it as an attachment?
    Sign (your real signature) the last page of your Defence and then scan and email the whole document to the court (NCCBC).

    There's no reason why you can't file it on MCOL tonight. The internet never sleeps

    An email to the court (MCOL) should generate an auto-response saying it's been received. Save that email.

    Also send (serve/file) a copy by post to the court and the Claimant. Do this by Royal Mail Recorded Delivery so you have proof of service since NCCBC can be slow to upload /react to emails received.

    Most solicitors don't/won't accept service by email unless agreed in writing in advance.

    Always adopt a belts and braces approach to legal proceedings.

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

    This forum’s site rules don’t 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


    • #92
      Re: Catalogue debt

      [MENTION=87380]Diana M[/MENTION] Ok I have emailed it right now and have copy letters for both court and claimant ready to post tomorrow morning recoded. I cannot believe how nervous I was before clicking on the send. Hope there were no mistakes. Used email address given here and did put the claim number and claimant v me on subject.
      I have just noticed the example defence says it is for under 10000 but I read through and saw you said it is ok to use this one as at this time the claim has not yet been allocated?
      Thank you all for your help!!

      Comment


      • #93
        Re: Catalogue debt

        Originally posted by nafta View Post
        @Diana M
        I have just noticed the example defence says it is for under 10000 but I read through and saw you said it is ok to use this one as at this time the claim has not yet been allocated?
        Thank you all for your help!!
        You're absolutely right. This forum's Example Defence template is for claims under 10k.

        You're right again when you say that your claim (of over 10k) has not been allocated to a specific track.

        However I tend to look at what may lie ahead in legal proceedings because it's better to speculate the future than try to unravel the past.

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

        This forum’s site rules don’t 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


        • #94
          Re: Catalogue debt

          Originally posted by Diana M View Post
          You're absolutely right. This forum's Example Defence template is for claims under 10k.

          You're right again when you say that your claim (of over 10k) has not been allocated to a specific track.

          However I tend to look at what may lie ahead in legal proceedings because it's better to speculate the future than try to unravel the past.

          Di
          so my 33 days were up yesterday but as it was Sunday I was able to submit today ( I did email it yesterday night though) I have now received an email confirming received defence and have also posted a copy to both Claimant and Court which should arrive tomorrow.

          I cannot thank you all enough for all the help I have been given. For putting up with the insane number of questions including the silly ones. I hope there are not mistakes in my defence. I did look at every point and could not see any. So fingers crossed.

          Comment


          • #95
            Re: Catalogue debt

            Originally posted by nafta View Post
            I hope there are not mistakes in my defence. I did look at every point and could not see any.
            At the risk of sounding like a midwife, I think you're doing great

            Now relax and see how they react.

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

            This forum’s site rules don’t 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


            • #96
              Re: Catalogue debt

              Originally posted by Diana M View Post
              At the risk of sounding like a midwife, I think you're doing great

              Now relax and see how they react.

              Di
              hahaha! thank you [MENTION=87380]Diana M[/MENTION] and thank you for making me laugh right now

              Comment


              • #97
                Re: Catalogue debt

                Today I have received a letter from the court saying basically that Lowell have 28 days in which do something about it otherwise the debt will be stayed. I have not heard at all from them or their solicitors since all started. I also sent a copy of defence to them so they have already received it. DO you think this will be it? what happens if it becomes stayed? can it ever be made unforceable for good?

                Comment


                • #98
                  Re: Catalogue debt

                  it would be up to them to unstay it and make a payment to court to do so. can be stayed forever.

                  after about 30 days or so if you hear nothing ring the court and ask the state if the claim they will tell you if stayed you will not be notified it is by letter

                  Comment


                  • #99
                    Re: Catalogue debt

                    Originally posted by nafta View Post
                    DO you think this will be it? what happens if it becomes stayed? can it ever be made unforceable for good?
                    There is such a thing as 'irredeemably unenforceable' but only a Judge can decide/declare that.

                    It's not yet been stayed so keep your feet on the ground with the wishful thinking

                    This claim is for over 10k so I would not expect the solicitors to go for an early surrender.

                    The 'something' they have to do is inform the court that they intend to continue with the proceedings within the next 28 days. That's all. They don't have to prove their case at this point.

                    Or they can let the claim become stayed while they scurry around for the documents or reconstitute them.

                    They can then pay a fee to lift the stay. The cost to them would be 255 which is not necessarily a deterrent if they decide to have-a-go at getting over 10k plus all their legal costs from you if the claim is allocated to the Fast Track.

                    Any news on your SAR request?

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

                    This forum’s site rules don’t 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


                    • Re: Catalogue debt

                      @Diana M thank you so much for your post. I am keeping my fingers crossed on this one though I know it will never really be over. I have not had any correspondence at all since I sent all letters. Nothing at all. Sorry when you say SAR? I sent CCA and CPR request? Anything else I should have sent?

                      Comment


                      • Re: Catalogue debt

                        Subject access request it's where you pay 10 pounds to get all your information regarding the agreement payments and everything else that you have paid.

                        Comment


                        • Re: Catalogue debt

                          Originally posted by nafta View Post
                          I have not had any correspondence at all since I sent all letters. Nothing at all.
                          Let's hope it stays that way

                          There's a template letter for the Subject Access Request on this forum (I can't link when I'm on my iPad but someone else wil). You send that to the original creditor.

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

                          This forum’s site rules don’t 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


                          • Re: Catalogue debt

                            SAR Template - http://www.legalbeagles.info/forums/...quest-template xx
                            Debt is like any other trap, easy enough to get into, but hard enough to get out of.

                            It doesn't matter where your journey begins, so long as you begin it...

                            recte agens confido

                            ~~~~~

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

                            I can be emailed if you need my help loading pictures/documents to your thread. My email address is kati@legalbeagles.info
                            But please include a link to your thread so I know who you are.

                            Specialist advice can be sought via our sister site JustBeagle

                            Comment


                            • Re: Catalogue debt

                              Originally posted by Kati View Post

                              Thank you so much Kati.

                              I have many strengths but clearly IT is not one of them

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

                              This forum’s site rules don’t 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


                              • Re: Catalogue debt

                                Originally posted by Diana M View Post
                                Let's hope it stays that way

                                There's a template letter for the Subject Access Request on this forum (I can't link when I'm on my iPad but someone else wil). You send that to the original creditor.

                                Di
                                thank you again [MENTION=87380]Diana M[/MENTION] [MENTION=53946]sloane82[/MENTION] [MENTION=49370]Kati[/MENTION]. So just to make it clear and no mistakes. It is OK for me to send the letter to Littlewoods (the catalogue company? at this stage? Which address should I send it to? their head office?

                                Comment

                                Loading...

                                Resolver is a free automated complaints system that can help with all kinds of consumer complaints - including missold PPI and Package Bank Accounts.

                                make a complaint

                                upgrade to vip

                                Want exclusive access to forums, more privacy and a live chat box? Upgrade to become a bigger part of our community.

                                only £15/yr

                                Offers available. No subscription traps.

                                sign up now
                                Working...
                                X