Court Claim - ME lll LIMITED / J D Williams - 30-9-2015

[Cheekychops75]

Hello!

I'm just following your steps after receiving a CCC from the County Court Business Centre. I'm acknowledging my claim on-line to get the 28 day extension and it's asking if my intention is to defend the claim in full, is it correct to tick that box?

Thank you in advance

[Kati]

Re: Acknowledging a claim online: Consumer Credit Court Claim

Hi welcome to LB

Yes :nod: tick the box to defend in full

[nemesis45]

Re: Acknowledging a claim online: Consumer Credit Court Claim

[QUOTE=Cheekychops75;583191]Hello!

I'm just following your steps after receiving a CCC from the County Court Business Centre. I'm acknowledging my claim on-line to get the 28 day extension and it's asking if my intention is to defend the claim in full, is it correct to tick that box?

H welcome to LB ,

Yes click intention to defend in full.

What type of debt is this? Credit card/Loan/ current account/overdraft?

nem

[FlamingParrot]

Re: Acknowledging a claim online: Consumer Credit Court Claim

Hello!

I'm just following your steps after receiving a CCC from the County Court Business Centre. I'm acknowledging my claim on-line to get the 28 day extension and it's asking if my intention is to defend the claim in full, is it correct to tick that box?

Thank you in advance

Hi and welcome to LB

You'll find full details on this post: http://www.legalbeagles.info/forums/...313#post499313

It's not exactly a 28 day extension though, you have a total of 33 days from the date printed on the claim (28 + 5 allowed for service) to file a defence. :thumb:

Once you request documents from the solicitors, if they fail to comply with your request, you can ask them to agree to a further 28 day extension under CPR 15.5. :ranger:

It would be useful if you could type up the particulars of claim and give us a few more details about the case. :typing:

[Cheekychops75]

Court Claim - ME lll LIMITED / J D Williams - 30-9-2015

Received a claim? Yes
Issue Date: 30-9-2015
Amount approx: 639.11 +fees added 769.11
Claimant: ME lll LIMITED
Solicitor: RESTONS Solicitors limited
Original Credit: J D Williams

Particulars of Claim:
The claimant claims payment of the overdue balance due from the defendant under a contract between the defendant and JD Williams dated on or about Sept 10 2011 and assigned to the claimant on Mar 13 2015

DATE ITEM VALUE
09/09/2015 item default balance Default balance 639.11
post refrl Cr NIL

Total 639.11

Stat Barred? No

Have sent:

Other Info:
Just filling in the Acknowledge of claim online now

[FlamingParrot]

Re: Court Claim - ME lll LIMITED / J D Williams - 30-9-2015

Received a claim? Yes
Issue Date: 30-9-2015
Amount approx: 639.11 +fees added 769.11
Claimant: ME lll LIMITED
Solicitor: RESTONS Solicitors limited
Original Credit: J D Williams

Marlin Europe III rather than Cabot. Interesting. :grin: Did you ever receive a notice of assignment saying the debt had been sold to Marlin?

Particulars of Claim:
The claimant claims payment of the overdue balance due from the defendant under a contract between the defendant and JD Williams dated on or about Sept 10 2011 and assigned to the claimant on Mar 13 2015

DATE ITEM VALUE
09/09/2015 item default balance Default balance 639.11
post refrl Cr NIL

Total 639.11

Stat Barred? No

They seem to be using this template now for all claims where it doesn't mention an agreement regulated under the CCA or a default notice, I wonder whether there's a reason for that. :confused2:

On your CPR 31.14 request letter to RESTONS you can only ask for a copy of your 'contract' and the notice of assignment as you can only request documents mentioned on the particulars of claim. You'll find the letter here: http://www.legalbeagles.info/forums/...ic-information. They should respond in 7 days but it's highly unlikely they will. :flypig:

You also need to send a CCA request to MARLIN for a copy of your credit agreement, you'll find the letter here: http://www.legalbeagles.info/forums/...y-of-Agreement The second, in-depth version would be better in this case. :thumb: Send this one with a Ł1 PO. They should respond in 12+2 working days but won't be likely to due to having to get paperwork from JD Williams.

Both letters should be sent recorded delivery.

Just filling in the Acknowledge of claim online now

OK, you've got a total of 33 days from date printed on claim to file a defence. That takes you till the 2nd of November: http://www.timeanddate.com/date/date...aw=&ad=33&rec= :ranger:

[Kati]

Re: Court Claim - ME lll LIMITED / J D Williams - 30-9-2015

Hi [MENTION=73260]Cheekychops75[/MENTION] I've merged your threads so that you don't get answers on both for the same thing xx

[nemesis45]

Re: Court Claim - ME lll LIMITED / J D Williams - 30-9-2015

Received a claim? Yes
Issue Date: 30-9-2015
Amount approx: 639.11 +fees added 769.11
Claimant: ME lll LIMITED
Solicitor: RESTONS Solicitors limited
Original Credit: J D Williams

Particulars of Claim:
The claimant claims payment of the overdue balance due from the defendant under a contract between the defendant and JD Williams dated on or about Sept 10 2011 and assigned to the claimant on Mar 13 2015

DATE ITEM VALUE
09/09/2015 item default balance Default balance 639.11
post refrl Cr NIL

Total 639.11

Stat Barred? No

Have sent:

Other Info:
Just filling in the Acknowledge of claim online now

OK You need send Reston a request under CPR31.14 (no fee) for the documents mentioned in the particulars of Claim. i.e. The Contract and the Notice off assignment. Template in the forum library,

The a CCA request direct to the claimant for the agreement relating to the claim. There is aŁ1 statutory fee to pay, use a cheque or Postal Order endorsed " For Statutory Fee Only" they have 12 + 2 working days to comply.

Use signed for post on all letters and check delivery dates.


Can you give us some more history of the debt please.

nem

[Cheekychops75]

Re: Acknowledging a claim online: Consumer Credit Court Claim

Thank you Kati!

The acknowledgement has been submitted! :tinysmile_grin_t:

Thank you for the warm welcome!

[nemesis45]

Re: Court Claim - ME lll LIMITED / J D Williams - 30-9-2015

Hi @Cheekychops75 I've merged your threads so that you don't get answers on both for the same thing xx

Thanks Kati,

Please note one of the new trading styles of the Cabot Group ME111 it's Marlin by any other name.
nem

[Cheekychops75]

Re: Acknowledging a claim online: Consumer Credit Court Claim

Hi Nem,

thank you!

It's from a Simply Be store card, online shopping account so not sure what that falls under?!

- - - Updated - - -

ahhhh thank you, I did start to get a little confused then, its been a while since I've used forums, I'm a bit rusty haha!

[FlamingParrot]

Re: Acknowledging a claim online: Consumer Credit Court Claim

It's from a Simply Be store card, online shopping account so not sure what that falls under?!

It's a revolving credit facility so it falls under s.78 of the Consumer Credit Act like a credit card. :thumb: