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Claim form Northampton county court business centre

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  • Claim form Northampton county court business centre

    I have this morning received a claim form from Northampton county court business centre. I have had look around the forum and also briefly at the shortcuts above. I am however still absolutely clueless as what to do.
    Particulars of the claim are as follows...

    1) the defendant entered into a consumer credit act 1974 regulated agreement with shot direct under account reference XXXXXXXX (the agreement)
    2) the defendant failed to maintain the required payments and default notice was served and not complied with.
    3) the agreement was later assigned to the claimant on 13/01/2012 and notice given to the defendant.
    4)despite repeated requests for payment the sum of £585.00 remains due and outstanding.
    And the claimant claims
    A) the said sum of £585.00
    B)interest pursuant to s69 county courts act 1984 at the rate of 8% per annum from the date of assignment to the date of issue, accruing at a daily rate of £0.128, but limited to one year, being £46.80
    C) costs


    Also included in the bundle is response pack, form of admission and defence and counterclaim sheets. Showing acknowledgement of service, requesting personal details such as dependants, employment l, expenses etc.

    The total amount they are claiming for is 761.80 and is signed Lowell solicitors digitally... I don't currently have access to a computer at the moment so I'm using my mobile... any help would be appreciated as I'm clueless to the procedures.

    Many thanks Ben
    Tags: None

  • #2
    Re: Claim form Northampton county court business centre

    Hi Ben & welcome to LB

    The first thing to do is to file an acknowledgement of the claim with the court. (the various ways of doing so are fully explained in the claim pack).
    For the moment, defend in full. (Do not enter any written defence, though).
    If you live in England or Wales, do not contest jurisdiction.
    You have 19 days from the claim issue date (front of N1 claim form) to lodge the acknowledgement; if it's not received by the court within that timeframe there is a danger of a default judgment due to non-compliance.
    If you use land mail, always get proof of posting.
    CAVEAT LECTOR

    This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

    You and I do not see things as they are. We see things as we are.
    Cohen, Herb


    There is danger when a man throws his tongue into high gear before he
    gets his brain a-going.
    Phelps, C. C.


    "They couldn't hit an elephant at this distance!"
    The last words of John Sedgwick

    Comment


    • #3
      Re: Claim form Northampton county court business centre

      Good afternoon charity,
      Thank you for your prompt response to my post I have logged into the mcol website, completed AOS, and checked and signed the defend in full section. I have also been prompted that's I've successfully acknowledged the claim... I've also had a brief look at the middle credit check website... thanks for the advice again I appreciate you help in the matter.
      Thanks Ben

      Comment


      • #4
        Re: Claim form Northampton county court business centre

        Ok.

        We now suggest that you send a CCA request to the Claimant & a CPR 31.14 request to the solicitors.

        CCA request -example top of this thread.
        As it is an alleged Shop Direct debt, s78 CCA is applicable.
        If you pay the £1 fee via postal order, payee is the Claimant's name, endorse the PO 'for statutory purposes only', & cross-refer it with the request letter (ie a/c ref no - as per Particulars Of Claim - on both. On letter, 'Enc: £1 Postal Order').

        CPR 31.14 request - also top of this thread.
        The documents to ask for are the agreement, the Default Notice & the Notice of Assignment.
        It is also wise to enclose a copy of the CCA request just to put them on notice (the fee isn't necessary unless you want 'belt & braces', in which case you could instruct the sols to pass the request & PO to their client).
        Either way, 'Enc: copy of CCA S78 request to (Claimant's name) on bottom of the CPR letter.

        As always, keep your own file copies & get proof of posting.

        Your defence is due to be filed at court within 33 days of the court claim issue date. (We suggest you leave it until close to the deadline in case anything is sent to you [ie a response to the above requests].)
        Last edited by charitynjw; 10th December 2016, 13:42:PM.
        CAVEAT LECTOR

        This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

        You and I do not see things as they are. We see things as we are.
        Cohen, Herb


        There is danger when a man throws his tongue into high gear before he
        gets his brain a-going.
        Phelps, C. C.


        "They couldn't hit an elephant at this distance!"
        The last words of John Sedgwick

        Comment


        • #5
          Re: Claim form Northampton county court business centre

          Good morning, I have finally been able to get the postal orders, now I'm faced with the issue of not being able to actually print these letters/form above as I do t have access to a printer. Would hand written copies suffice?? Many thanks Ben

          Comment


          • #6
            Re: Claim form Northampton county court business centre

            yes write clearly and concise as per letters

            Comment


            • #7
              Re: Claim form Northampton county court business centre

              Thanks mike, as to particulars or claim what do I request in cpr 31.14 letter? Would it just be the "agreement"
              Thanks
              Ben
              Last edited by Go1denboi89; 21st December 2016, 12:07:PM. Reason: Clarification

              Comment


              • #8
                Re: Claim form Northampton county court business centre

                all documents mentioned on the N1 court form

                Comment


                • #9
                  Re: Claim form Northampton county court business centre

                  That's being said the particulars of claim are in my 1st post at the top of this thread, all I can see is the "agreement" would that's be correct?this being taken from the 1st N1 form
                  Thanks Ben
                  Last edited by Go1denboi89; 21st December 2016, 12:22:PM. Reason: Additions

                  Comment


                  • #10
                    Re: Claim form Northampton county court business centre

                    default notice

                    the agreement

                    Comment


                    • #11
                      Re: Claim form Northampton county court business centre

                      Ok thanks two, copies of the cca request written up with a PO in each, also copy of CPR 31.14 also written up all ready to be posted

                      Comment


                      • #12
                        Re: Claim form Northampton county court business centre

                        Originally posted by Go1denboi89 View Post
                        Ok thanks two, copies of the cca request written up with a PO in each, also copy of CPR 31.14 also written up all ready to be posted
                        There's No Fee for the CPR31.14 request.

                        nem

                        Comment


                        • #13
                          Re: Claim form Northampton county court business centre

                          Afternoon, just belt and braces as charity suggests on 10/12th although I have instructeded them to forward it their client. As it's in with the CPR as information for a request. Thanks Ben
                          Last edited by Go1denboi89; 21st December 2016, 13:05:PM. Reason: Spelling

                          Comment


                          • #14
                            Re: Claim form Northampton county court business centre

                            2 copies CCA request ??????

                            Comment


                            • #15
                              Re: Claim form Northampton county court business centre

                              One cca, one cpr then a cca attatched to the cpr for information? That's correct isn't it?
                              Last edited by Go1denboi89; 21st December 2016, 13:04:PM. Reason: Spelling

                              Comment

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