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Court Claim - Asset Collection / LS - 16-10-2017

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  • #16
    Re: Court Claim - Asset Collection / LS - 16-10-2017

    So the address for service if documents listed on the claim form is identical to the address of the claimant?

    Comment


    • #17
      Re: Court Claim - Asset Collection / LS - 16-10-2017

      I would also suggest making copies of the letters and payment method. I always reference the number of the payment method in my cca request. E. G please find enclosed cheque number xxxxxx for the statutory fee.

      Also keep your tracking slip and print out the pod when available.

      Comment


      • #18
        Re: Court Claim - Asset Collection / LS - 16-10-2017

        Hi, I have spent the CPR and CCA last week.
        I received text on my phone from Asset to call them. Is it necessary?

        - - - Updated - - -

        Hi guys, I have sent the CPR and CCA since last week.

        Today I received text from Asset to call them. Is it necessary?

        Comment


        • #19
          Re: Court Claim - Asset Collection / LS - 16-10-2017

          The best advice would be to keep off the phone. They should have all the neccessary info to comply with the CCA and CPR requests.

          Comment


          • #20
            Re: Court Claim - Asset Collection / LS - 16-10-2017

            Hi All, I have posted CPR and CCA.
            when should I send part 18 and SAR to LS?

            Comment


            • #21
              Re: Court Claim - Asset Collection / LS - 16-10-2017

              The SAR should be sent ASAP as it can take upto 40 days to come back. With regard to the Part 18 request i would hold fire on that until you here what they return from the CPR 31:14. As far as I am aware Part 18 deals with specific questions about Documents that they may send you. Others will advise on that better tha I can

              Comment


              • #22
                Re: Court Claim - Asset Collection / LS - 16-10-2017

                Part 18 stop trying to rush one step at a time do not over think at this stage?

                Comment


                • #23
                  Re: Court Claim - Asset Collection / LS - 16-10-2017

                  Originally posted by MIKE770 View Post
                  Part 18 stop trying to rush one step at a time do not over think at this stage?
                  what do you mean mike770?

                  is it necessary to do it now or hold on to it

                  Comment


                  • #24
                    Re: Court Claim - Asset Collection / LS - 16-10-2017

                    you can not make an effective part 18 request until you are in posession of your CPR 31 request. Otherwise its like firing a shot in the dark

                    if they send you a Default notice as part of your CPR31 you can ask specific questions ie;

                    What Date was the Default notice Issued ?

                    What method of service was used ? etc

                    same for the notice of Assignment ie;

                    What date was it issued ?

                    What method of service was used ?

                    What is the Date of the Deed of Assignment ?

                    Does the Deed of Assignment carry the Account number ?

                    This is where the data from the SAR requst comes in Handy so that you can cross reference Facts.

                    Comment


                    • #25
                      Re: Court Claim - Asset Collection / LS - 16-10-2017

                      many thanks on this.
                      Please could someone refer me to where I can download the SAR so I can send to LS

                      Comment


                      • #26
                        Re: Court Claim - Asset Collection / LS - 16-10-2017

                        Subject Access Request Letter


                        look top of page has most forms in blue

                        Comment


                        • #27
                          Re: Court Claim - Asset Collection / LS - 16-10-2017

                          This is the type of SAR i use

                          Dear Sir/Madam


                          DATA PROTECTION ACT 1998 - SUBJECT ACCESS REQUEST
                          ACCOUNT /REF NUMBER XXXXXXXX


                          Please supply me with copies of all the data which you hold on me in relation to any matter and in any form and for any period of time.

                          Please note that I require disclosure of any personal date which you hold on me for the entire period of my dealings with you.

                          This Subject Access Request includes - but is not limited to any data you hold about me in respect of any matter and held in any form including; statements, notes, screen notes, recordings, internal correspondence and external correspondence. Please note that this Subject Access Request is not limited to the account/reference number mentioned above but that number has been provided purely as a starting reference for you.

                          For the avoidance of doubt, and as stated above, this Subject Access Request requires disclosure of ALL personal data which you hold on me for the entire period of my dealings with you

                          I enclose the statutory maximum fee of £10. You have 40 calendar days in which to comply.

                          If there is specific information which you require in order to satisfy yourself as to my identity, please let me know by return.

                          If I do not hear from you then I will assume that this Statutory Request is satisfactory and that the 40 day timescale has started.

                          Yours faithfully,
                          But if you are happier adapting the template provided by Mike , I see no problem.

                          Comment


                          • #28
                            Re: Court Claim - Asset Collection / LS - 16-10-2017

                            Hi Every one. I did not here from asset.
                            so I do need to complete my defence by latest tomorrow.
                            is there a standard template I can use and amend to file my defence online. Many thanks

                            Comment


                            • #29
                              Re: Court Claim - Asset Collection / LS - 16-10-2017

                              Here is a decent starting point - Example Defence
                              #staysafestayhome

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

                              Received a Court Claim? Read >>>>> First Steps

                              Comment


                              • #30
                                Re: Court Claim - Asset Collection / LS - 16-10-2017

                                Many thanks. I just need to understand this line?
                                It is [admitted/denied] that the Defendant has [previously] entered into [an agreement/agreement] with [Original Creditor /Claimant] for provision of credit.

                                Comment

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