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Received CCJ Claim Form

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  • #16
    Re: Received CCJ Claim Form

    Do you know where I can find a letter that I can copy to send in for my defence of not providing a copy of my cca? TIA

    Comment


    • #17
      Re: Received CCJ Claim Form

      Well its obvious that BC have lied to you , its just a shame that its not in writing but it is a lesson as to why negotiating over the phone is a no no

      depending on the exact dates the person is possibly talking about acknowledgment of service , I am sure you've been told but its 14 days after service .
      You then have another 14 days to file the defence

      When did you have send the CCA request , remember that they have 12+2 working days to reply and after that it can not be enforced until they do

      Just to clarify
      Claim received 15th Oct
      What was the date on the claim form, not that important at the mo
      Acknowledgement needed by 29th (give or take a day dependant on above) Have you done this?

      CCA request sent?

      CPR 31.14 sent?
      any reply?


      In short no need to panic at the moment, the only thing you must make sure you have done is acknowledge the claim

      - - - Updated - - -

      Originally posted by ralph1978 View Post
      Do you know where I can find a letter that I can copy to send in for my defence of not providing a copy of my cca? TIA
      Ralph
      Try not to panic, if the dates i have posted above are correct you still have 3 weeks and if you file a defence now and they then do comply with your CCA request you will feel a right chump and even more panicked

      - - - Updated - - -

      By the way
      I am not having a go just trying to make you take a breath and not get too stressed

      I am in a similar position over a different matter, I was expecting to have heard by now and until I do hear I can not budget for the next 12 months so I am getting VERY worked up

      Comment


      • #18
        Re: Received CCJ Claim Form

        Hi guys sorry for panicking my acknowledgment of service was on the 16th October 2015 does that help anyone

        Comment


        • #19
          Re: Received CCJ Claim Form

          Originally posted by ralph1978 View Post
          Do you know where I can find a letter that I can copy to send in for my defence of not providing a copy of my cca? TIA
          The defence would be a bit more than that, you'll find examples here: http://www.legalbeagles.info/forums/...t-Court-Claims Would be good if you could post up your draft when you're ready. :typing:

          Originally posted by ralph1978 View Post
          Hi guys sorry for panicking my acknowledgment of service was on the 16th October 2015 does that help anyone
          Can you tell us the issue date printed on the claim form so we can calculate when it's due?

          - - - Updated - - -

          Originally posted by Berniethebolt View Post
          I am not having a go just trying to make you take a breath and not get too stressed

          I am in a similar position over a different matter, I was expecting to have heard by now and until I do hear I can not budget for the next 12 months so I am getting VERY worked up
          That makes to of us.

          Comment


          • #20
            Re: Received CCJ Claim Form

            Hi yes the issue date was October 13th 2015

            Comment


            • #21
              Re: Received CCJ Claim Form

              Hi I still haven't received my CCA from Lowell regarding my next account I think I need to submit my defense today as bryan carter said tomorrow is the deadline I have to give them my outgoings and expenditure over the phone can anybody help

              Comment


              • #22
                Re: Received CCJ Claim Form

                Originally posted by ralph1978 View Post
                Hi I still haven't received my CCA from Lowell regarding my next account I think I need to submit my defense today as bryan carter said tomorrow is the deadline I have to give them my outgoings and expenditure over the phone can anybody help
                Make a draft defence based on the advice posted already, take a look at other threads for content and format.
                Post the draft here and we'll go through it with you.
                Still no CCA supplied?

                nem

                Comment


                • #23
                  Re: Received CCJ Claim Form

                  Hi I need to copy a defense that will suit my needs but I don't know how to do it or edit it as I'm going to be doing it online

                  Comment


                  • #24
                    Re: Received CCJ Claim Form

                    hi guys how does this look ........

                    - - - Updated - - -

                    1: I received the claim XXXXXXXXXXX from the Northampton CountyCourt on 13th October 2015.

                    2: Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.

                    3: This claim appears to be for a catalogue account agreement regulated under the Consumer Credit Act 1974.

                    4: It is denied that the Defendant has previously entered into an agreement with Original Creditor for provision of credit.

                    5: The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim.

                    6. The particulars of claim fail to state when the agreement was entered into.

                    7. The Claimants statement of case states that the account was assigned from Next to Lowell Portfolio Ltd on 31/10/2013. The Defendant does not recall receiving notice of this assignment.

                    8. It is denied that Next served any Default notice on the Defendant pursuant to s87 Consumer Credit Act 1974. The Claimant is required to prove that a compliant Default Notice was served upon the Defendant.

                    9: On the 16/10/2015 I sent a request for inspection of documents mentioned in the claimants statement of case under Civil Procedure Rule 31.14 to Bryan Carter Solicitors LLP. I requested the Claimant provide copies of the [Agreement, Default Notice and Notice of Assignment] .

                    10. Bryan Carter Solicitors LLP has not sent any of these documents to me.

                    11. On the 16/10/2015I sent a formal request for a copy of the original agreement to Lowell Portfolio Ltd pursuant to section [77 or 78] of the Consumer Credit Act 1974 along with the statutory £1 fee.

                    12. The Claimant has failed to comply with [s77 (1) / s 78 (1)] Consumer Credit Act 1974 and by virtue of [s77 (4) / s 78 (6)] Consumer Credit Act 1974 cannot enforce the agreement.

                    13: I have asked the Claimant if we may agree to extend the time period allowed for filing of my defence pending receipt of documents (as allowed under CPR 15.5), but they have declined.

                    14. Under Civil Procedure Rule 16.5 (4) Where the claim includes a money claim, a defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation. Therefore It is expected that the Claimant be required to prove the allegation that the money is owed as claimed.

                    15. I request the court orders the Claimants to provide the necessary documentation in order for me to fully plead my case else the Claim should stand struck out.

                    16. In the event that the relevant documents are received from the Claimants I will then be in a position to amend my defence, and would ask that the Claimants bear the costs of the amendment.

                    17. It is denied that the Claimant is entitled to the relief as claimed or at all.

                    Statement of Truth

                    The Defendant believes that the facts stated in this Defence are true.
                    Last edited by Kati; 29th October 2015, 10:55:AM. Reason: removed claim number :)

                    Comment


                    • #25
                      Re: Received CCJ Claim Form

                      Check your numbering and spacing xx

                      EDIT: sorted it.
                      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


                      • #26
                        Re: Received CCJ Claim Form

                        Looking at the dates on my defense when would you suggest I submit this online? Thanks for taking the time to read through this for me 😃

                        Comment


                        • #27
                          Re: Received CCJ Claim Form

                          Originally posted by ralph1978 View Post
                          Looking at the dates on my defense when would you suggest I submit this online? Thanks for taking the time to read through this for me 
                          Issue date 13th October 2015 (from post #20 earlier in the thread) ... that gives you until 15th November to get your defence entered (33 days from date of issue) - http://www.timeanddate.com/date/date...aw=&ad=33&rec=
                          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


                          • #28
                            Re: Received CCJ Claim Form

                            Thanks kati I won't send it yet then, when do you think I should submit it just to be on the safe side as I will panic and wouldn't want it to be late x

                            Comment


                            • #29
                              Re: Received CCJ Claim Form

                              Originally posted by ralph1978 View Post
                              Thanks kati I won't send it yet then, when do you think I should submit it just to be on the safe side as I will panic and wouldn't want it to be late x
                              well the 15th November is a Sunday, so (personally) I'd be aiming for the Friday to be on the safe side :nod:
                              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


                              • #30
                                Re: Received CCJ Claim Form

                                1. I received the claim XXXXXXXXXXXXX from the Northampton CountyCourt on 13th October 2015.

                                2. Each and everyallegation in the Claimants statement of case is denied unless specificallyadmitted in this Defence.

                                3. This claim appearsto be for a catalogue account agreement regulated under the Consumer Credit Act1974.

                                4. It is denied thatthe Defendant has previously entered into an agreement with Original Creditor forprovision of credit.

                                5. The Claimantsstatement of case fails to give adequate information to enable me to properlyassess my position with regards the claim.

                                6. The particulars of claim fail to state when the agreementwas entered into.

                                7. The Claimantsstatement of case states that the account was assigned from Next to LowellPortfolio Ltd on 31/10/2013. The Defendant does not recall receiving notice ofthis assignment.

                                8. It is denied thatNext served any Default notice on the Defendant pursuant to s87 Consumer CreditAct 1974. The Claimant is required to prove that a compliant Default Notice wasserved upon the Defendant.

                                9. On the 16/10/2015 Isent a request for inspection of documents mentioned in the claimant’sstatement of case under Civil Procedure Rule 31.14 to Bryan Carter SolicitorsLLP. I requested the Claimant provide copies of the [Agreement, Default Noticeand Notice of Assignment].

                                10. Bryan Carter Solicitors LLP has not sent any of thesedocuments to me.

                                11. On the 16/10/2015I sent a formal request for a copy of the original agreement to LowellPortfolio Ltd pursuant to section [77 or 78] of the Consumer Credit Act 1974along with the statutory £1 fee.

                                12. The Claimant hasfailed to comply with [s77 (1) / s 78 (1)] Consumer Credit Act 1974 and byvirtue of [s77 (4) / s 78 (6)] Consumer Credit Act 1974 cannot enforce theagreement.

                                13. I have asked the Claimant if we may agree to extend thetime period allowed for filing of my defence pending receipt of documents (asallowed under CPR 15.5), but they have declined.

                                14. Under CivilProcedure Rule 16.5 (4) where the claim includes a money claim, a defendantshall be taken to require that any allegation relating to the amount of moneyclaimed be proved unless he expressly admits the allegation. Therefore it isexpected that the Claimant be required to prove the allegation that the moneyis owed as claimed.

                                15. I request thecourt orders the Claimants to provide the necessary documentation in order forme to fully plead my case else the Claim should stand struck out.

                                16. In the event thatthe relevant documents are received from the Claimants I will then be in aposition to amend my defence, and would ask that the Claimants bear the costsof the amendment.

                                17. It is denied thatthe Claimant is entitled to the relief as claimed or at all.

                                Statement of Truth

                                The Defendant believesthat the facts stated in this Defence are true.


                                - - - Updated - - -

                                my spacing is fine on my word document but when I post it on here some of the words are bunched together

                                Comment

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