Re: Please can I have some help with Lowell/Bryan Carter Court claim (default+6 years
That's okay, reading next post now xx
Originally posted by maiakaat
View Post
Hi
Do I compile a standard defence based on this thread http://www.legalbeagles.info/forums/...-Form-received, or is there more I can put
Also can I ask some questions (basic ones first).
1. Do I have to send BC a copy of the online acknowledgement of service (the PDF you get), or will it be valid by just filling in the acknowledgement of service online.
No they always say you haven't acknowledged....the court makes them aware
2. How much time to I have on this once I receive the claim form? (received on 18th June), I asked for extra time but this isn't recorded online, which just confirms that I filed acknowledgement of service, it is in the PDF you can download, but is the extra 14 days at the discretion of the claimant, or is it granted by default if you file that you have decided to defend the claim? If so, how do I handle BC, can they get a default judgement anyway and claim they haven't received my Acknowledgement of claim, and request of 28 days?
calculate 33 days from issue date (you get 5 days for service plus 28 days)
3. How long should I wait for documents before filling in the defence, and do I do it online, or do I need to send a copy anywhere?
see if they send you anything for your CPR and CCA requests first - then decide whether to apply for an order to produce documents or enter a defence
4. There is no creditor default only the Lowell default filed, do I use this to argue I need to see the credit agreement from the alleged lender to prove it exists as evidence? Do I include the credit report I have from last year with any defence? Is it best to leave the date of default issue out of the defence? I've added the credit report slip, obviously arguing on the date is probably best not done as things stand I assume while they haven't even given me any details?
NI'd leave dates out of it and wouldn't go with SB defence at all considering your position
5. Once I file my defence is a court date set by the court if they are happy I have grounds to contest, and do BC actually need any evidence of the validity of the claim before they can be granted a court date?
YEs they do, but it depends on the judge you get and whether he orders inspection of documents either off back of an application or your defence
6. What happens if at court they turn up with evidence they haven't provided in the CPR?
You'd ask for an adjournment as they have acted unfairly
PS I've seen I should have named my thread BC/Lowell Vs Maiakaat, I'm sorry for this
Thanks so far
Do I compile a standard defence based on this thread http://www.legalbeagles.info/forums/...-Form-received, or is there more I can put
Also can I ask some questions (basic ones first).
1. Do I have to send BC a copy of the online acknowledgement of service (the PDF you get), or will it be valid by just filling in the acknowledgement of service online.
No they always say you haven't acknowledged....the court makes them aware
2. How much time to I have on this once I receive the claim form? (received on 18th June), I asked for extra time but this isn't recorded online, which just confirms that I filed acknowledgement of service, it is in the PDF you can download, but is the extra 14 days at the discretion of the claimant, or is it granted by default if you file that you have decided to defend the claim? If so, how do I handle BC, can they get a default judgement anyway and claim they haven't received my Acknowledgement of claim, and request of 28 days?
calculate 33 days from issue date (you get 5 days for service plus 28 days)
3. How long should I wait for documents before filling in the defence, and do I do it online, or do I need to send a copy anywhere?
see if they send you anything for your CPR and CCA requests first - then decide whether to apply for an order to produce documents or enter a defence
4. There is no creditor default only the Lowell default filed, do I use this to argue I need to see the credit agreement from the alleged lender to prove it exists as evidence? Do I include the credit report I have from last year with any defence? Is it best to leave the date of default issue out of the defence? I've added the credit report slip, obviously arguing on the date is probably best not done as things stand I assume while they haven't even given me any details?
NI'd leave dates out of it and wouldn't go with SB defence at all considering your position
5. Once I file my defence is a court date set by the court if they are happy I have grounds to contest, and do BC actually need any evidence of the validity of the claim before they can be granted a court date?
YEs they do, but it depends on the judge you get and whether he orders inspection of documents either off back of an application or your defence
6. What happens if at court they turn up with evidence they haven't provided in the CPR?
You'd ask for an adjournment as they have acted unfairly
PS I've seen I should have named my thread BC/Lowell Vs Maiakaat, I'm sorry for this
Thanks so far
That's okay, reading next post now xx
Comment