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Thread: court claim from lowell for provident. plz help

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  1. #51
    flicky1314's Avatar

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    Default Re: court claim from lowell for provident. plz help

    Well phoned royal mail today as it's been two weeks since I posted the cca request. And they have said it hasn't been delivered and don't know why. Gives you a lot of faith eh lol. So I'm gonna send another one today special delivery at least I know they will get it then .

  2. #52
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    Default Re: court claim from lowell for provident. plz help

    £6-odd min for guaranteed delivery.
    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

  3. #53
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    Default Re: court claim from lowell for provident. plz help

    Yeah I know but at least they receive it and I have proof. I need everything I can in my favour for my defence.

  4. #54
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    Default Re: court claim from lowell for provident. plz help

    proof of posting a judge will accept been there read the book and wrote the review! your main defence is the bulk of a case. but if a judge mentions the white book then you know they have no clue, (white book is a reference book written by sme lawyers)

  5. #55
    charitynjw's Avatar

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    Default Re: court claim from lowell for provident. plz help

    Interpretation Act 1978 s7

    References to service by post.

    Where an Act authorises or requires any document to be served by post (whether the expression “serve” or the expression “give” or “send” or any other expression is used) then, unless the contrary intention appears, the service is deemed to be effected by properly addressing, pre-paying and posting a letter containing the document and, unless the contrary is proved, to have been effected at the time at which the letter would be delivered in the ordinary course of post.
    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

  6. #56
    flicky1314's Avatar

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    Default Re: court claim from lowell for provident. plz help

    Thanks @MIKE770 so u think I'll be ok then. No need to send again.
    @charitynjw I'm sorry but I haven't a clue what all that means x

  7. #57
    charitynjw's Avatar

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    Default Re: court claim from lowell for provident. plz help

    It means that if a letter is correctly addressed, stamped & posted, it is deemed to be delivered unless it can be proven otherwise.
    1st class post is deemed received 2 days from posting.
    Proof of posting (free certificate of posting from Post Office) is advised,
    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

  8. #58
    flicky1314's Avatar

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    Default Re: court claim from lowell for provident. plz help

    Ok well the lady on the phone said it hasn't been delivered and she couldn't tell me why and advised me to send it again. So God knows where it is. Yet a the others arrived ok.

  9. #59
    charitynjw's Avatar

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    Default Re: court claim from lowell for provident. plz help

    If it were me, I'd resend it.
    Your choice whether to do so 'guaranteed' or 1st class.
    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

  10. #60
    flicky1314's Avatar

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    Default Re: court claim from lowell for provident. plz help

    Ok thank u. I probably will resend it. And send it guaranteed.

  11. #61
    Diana M's Avatar

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    Default Re: court claim from lowell for provident. plz help

    Quote Originally Posted by flicky1314 View Post
    I probably will resend it. And send it guaranteed.
    If you decide to do that then enclose a copy of the first CCA Request you sent together with a copy of your proof or posting (the 'signed for' receipt given to you at the post office counter).

    Tell them that since you've not received any acknowledgement of your first CCA Request you are sending another but also remind them that the statutory deadline for complying with your request runs from the date of the first one you sent.

    As far as the court is concerned the first one would be "deemed served" if you have proof of posting.

    However if you feel more comfortable sending another then that's no bad thing just don't let them shift the deadline for complying by another two weeks.

    Di
    I am a Litigation Executive at Joanna Connolly Solicitors a firm which specializes in consumer credit.

    This forumís site rules donít allow me to give advice by PM but if you need to contact me please email [email protected]. Our initial advice is always free.


    Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

  12. #62
    flicky1314's Avatar

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    Default Re: court claim from lowell for provident. plz help

    @Diana M. Thank you hun I'll do that x

  13. #63
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    Default Re: court claim from lowell for provident. plz help

    Quote Originally Posted by flicky1314 View Post
    @Diana M. Thank you hun I'll do that x
    Doing it this way will send out the signal that you're not daft so the fact they may pretend not to have received your first CCA request (implying you never sent it so they didn't need to comply) won't wash.

    Keep checking the Royal Mail website for any update - it can take 14 working days for it to update/upload information.

    In court last week a barrister who shall remain nameless (let's call him Pinocchio ) told the court that we hadn't served our client's witness statement. We were able to produce the Special Delivery receipt.

    The fact the WS was also in the Trial Bundle helped too.

    So the DJ adjourned for ten minutes to give him Mr Pinocchio time to read it.

    That possible 'untruth' set the scene for the rest of the morning. It's always useful to let the judge know the other side isn't entirely honest so their whole credibility becomes an issue.

    Di
    I am a Litigation Executive at Joanna Connolly Solicitors a firm which specializes in consumer credit.

    This forumís site rules donít allow me to give advice by PM but if you need to contact me please email [email protected]. Our initial advice is always free.


    Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

  14. #64
    flicky1314's Avatar

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    Default Re: court claim from lowell for provident. plz help

    Ok thank u. I just don't want them to say they never received the first one even when I posted it. So like u say at least if I send another it's proof. Just worrying a little as only 13 days left for defence.

  15. #65
    Diana M's Avatar

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    Default Re: court claim from lowell for provident. plz help

    Quote Originally Posted by flicky1314 View Post
    I just don't want them to say they never received the first one even when I posted it. So like u say at least if I send another it's proof. Just worrying a little as only 13 days left for defence.
    They have 12 working days to comply with your CCA Request before you can say they haven't complied (obviously).

    If your Defence is due to be filed before that deadline expires (for your second Request) then consider whether it may make sense to refer to your first CCA Request in your Defence, because that one will be in a period of non compliance at the time you file your Defence.

    If you follow me.

    Also thirty days must elapse between CCA Requests (in order for the subsequent one to be valid) if you want to claim non-compliance (with the second one).

    Di
    I am a Litigation Executive at Joanna Connolly Solicitors a firm which specializes in consumer credit.

    This forumís site rules donít allow me to give advice by PM but if you need to contact me please email [email protected]. Our initial advice is always free.


    Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

  16. #66
    flicky1314's Avatar

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    Default Re: court claim from lowell for provident. plz help

    @Diana M I really haven't a clue what you just said lol. I'm sorry. I'll send it off and nearer the time come back to you if and when I hear anything. As I'll prob need some help with my defence. But thank you for the advice. X

  17. #67
    flicky1314's Avatar

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    Default Re: court claim from lowell for provident. plz help

    @Diana M I've sent off the second cca request with a photocopy of the first cca and sent it special delivery but I forgot to put a photocopy of first receipt as proof of first cca will it matter??

  18. #68
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    Default Re: court claim from lowell for provident. plz help

    Not the end of the world

    Did you tell them you had sent the first CCA request rather than just including a copy?

    I'm sure Di will pop in to reassure you (or slap my wrist)

  19. #69
    Diana M's Avatar

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    Default Re: court claim from lowell for provident. plz help

    Quote Originally Posted by flicky1314 View Post
    @Diana M I've sent off the second cca request with a photocopy of the first cca and sent it special delivery but I forgot to put a photocopy of first receipt as proof of first cca will it matter??
    It won't really matter if you sent the covering letter I suggested where you told them that you had previously send a CCA Request on such-and-such a date etc.

    It would have been nice to have included the proof of posting from the first request to make them acutely aware of the situation, as long as you have still got that evidence which you can produce later if you need it.

    Di
    I am a Litigation Executive at Joanna Connolly Solicitors a firm which specializes in consumer credit.

    This forumís site rules donít allow me to give advice by PM but if you need to contact me please email [email protected]. Our initial advice is always free.


    Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

  20. #70
    flicky1314's Avatar

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    Default Re: court claim from lowell for provident. plz help

    Hi guys. Yeah I did say In the letter that I had previously sent one and the date. I've also still got the first postage proof.

  21. #71
    flicky1314's Avatar

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    Default Re: court claim from lowell for provident. plz help

    Hi guys. Well I haven't received anything yet but defence is due next Monday. Shall I start preparing it. Getting worried now.

  22. #72
    Diana M's Avatar

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    Default Re: court claim from lowell for provident. plz help

    By all means start to prepare your Defence now, but a week is a long time in legal proceedings so be prepared to edit it (before you file it) if anything changes or materialises in the meantime.

    You want to avoid the expense and faff of seeking permission from the court to file an Amended Defence if needed.

    Di
    I am a Litigation Executive at Joanna Connolly Solicitors a firm which specializes in consumer credit.

    This forumís site rules donít allow me to give advice by PM but if you need to contact me please email [email protected]. Our initial advice is always free.


    Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

  23. #73
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    Default Re: court claim from lowell for provident. plz help


  24. #74
    flicky1314's Avatar

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    Default Re: court claim from lowell for provident. plz help

    Ok thank you @Diana M and @MIKE770 I'll give it another couple of days see if anything turns up. When I have done it can i plz post it for you to give it the once over and check if it's ok

  25. #75
    Diana M's Avatar

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    Default Re: court claim from lowell for provident. plz help

    Quote Originally Posted by flicky1314 View Post
    Ok thank you @Diana M and @MIKE770
    You can always rely on @MIKE770 to provide template links on Room Service

    Di
    I am a Litigation Executive at Joanna Connolly Solicitors a firm which specializes in consumer credit.

    This forumís site rules donít allow me to give advice by PM but if you need to contact me please email [email protected]. Our initial advice is always free.


    Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

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