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Recieved 2 Claim forms

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  • #16
    Re: Recieved 2 Claim forms

    Originally posted by MrMRJ View Post
    That's the bit that has thrown me they are both 2013. Will they go from this date for the 6 years?
    The default dates aren't relevant in the grand scheme of things right now.

    You simply need to deal with the issue in hand which is to file the AOS for both claims and send the essential s77-79 CCA and CPR 31.14 Requests.

    Oh, and start a separate thread for Claim 2 please

    Di

    Comment


    • #17
      Re: Recieved 2 Claim forms

      Thanks Diana, sorry AOS? Is thathere the same as the CAA? And is it going to the claimant or the solicitor?

      Aland what about the" request under the provisions of Civil Procedure Rule 31.14" as mentioned in an earlier post.

      I will start a new thread for the smaller claim

      EDIT: Sorry, was reading posts on my mobile, missed most of what you said. So AOS being Ackowledgement of Servive. I am going to do that online now. As for the CCA and CPR requests do these go to the claimant or the solicitors?
      Last edited by MrMRJ; 22nd April 2017, 20:40:PM.

      Comment


      • #18
        Re: Recieved 2 Claim forms

        Originally posted by MrMRJ View Post
        Thanks Diana, sorry AOS? Is thathere the same as the CAA? And is it going to the claimant or the solicitor?

        Aland what about the" request under the provisions of Civil Procedure Rule 31.14" as mentioned in an earlier post.

        I will start a new thread for the smaller claim
        Glad to see you've got your fighting spirit back!

        AOS stands for Acknowledgement of Service which you can do online.

        You'll need to state that you intend to defend all of the claim(s). But don't enter anything in the "Defence" box at this stage - it's an easy mistake to make.

        A Beagle will help you with links to the template letters you need to send.

        Di

        Comment


        • #19
          Re: Recieved 2 Claim forms

          Originally posted by MrMRJ View Post
          I will start a new thread for the smaller claim
          To be continued . . . . . http://legalbeagles.info/forums/show...995#post722995

          Di

          Comment


          • #20
            Re: Recieved 2 Claim forms

            Just completing the CPR for this claim.

            Just to recap the exact Paticulars for this Claim:

            " The claimant claims payment of the overdue balance due from the defendant under a contract between the defendant and Shop Direct dated on or about Apr 04 2009 and assigned to the claimant on Aug 12 2013. Particulard A/C No - xxxxxxx

            Date ITEM VALUE
            06/03/2017 Default Balance 2374.27
            Post Refrl Cr Nil
            Total 2374.27
            "

            So as I understand I am not able to as for default notice or formal request on the CPR as it is not mentioned above? Is Assignment in the CPR the assignment to capquest so i can ask for this? and as the mention contract I can ask for this?

            Also on the CPR in red "For your information and records I enclose a copy of the formal request for a copy of the credit agreement relating to this claim, pursuant to the Consumer Credit Act 1974, which has been posted to your client with the statutory fee of £1 today, XX XXXX 201X"

            Do I remove this bit? I am sending the CCA and to CPR to the same address, in this case Capquest and not the solicitors?


            Thanks

            Comment


            • #21
              Re: Recieved 2 Claim forms

              Do i need to include a postal order with the CPR for copying purposes? As you are aware I need to complete my defense before i go on holiday 15/5, so really could do with no reason for this process to be delayed.

              Thanks

              Comment


              • #22
                Re: Recieved 2 Claim forms

                Originally posted by MrMRJ View Post
                Do i need to include a postal order with the CPR for copying purposes? As you are aware I need to complete my defense before i go on holiday 15/5, so really could do with no reason for this process to be delayed.

                Thanks
                No Fee For CPR31.14 request.

                nem

                Comment


                • #23
                  Re: Recieved 2 Claim forms

                  Well, Sent the CPR and CCA on the 22nd April. Still not recieved anything back. I am assuming I won't still won't have recieved anything by Saturday when I need to get my defence in.

                  This is the one I believe is statute barred. So could someone assist in what to put in my defence? I have absolutely no idea what to say or how to word it correctly.

                  Many thanks

                  Comment


                  • #24
                    Re: Recieved 2 Claim forms

                    Do I remove this bit? I am sending the CCA and to CPR to the same address, in this case Capquest and not the solicitors?
                    Being pedantic, a CCA request + fee should be sent to the creditor.
                    If the alleged debt has been properly assigned via the Law of Property Act 1925 & notice served, the assignee displaces the former creditor (assignor) for the purposes of the Consumer Credit Act.
                    Where a court claim has been issued it is reasonable to send the CCA request to the Claimant, as, by implication, they are indicating that they are the creditor.
                    It is wise to send a copy of the request to the Claimant's solicitor, without the fee & for informational purposes only.
                    As always, copies should be kept & proof of posting obtained.
                    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


                    • #25
                      Re: Recieved 2 Claim forms

                      [MENTION=813]Warwick[/MENTION]

                      Comment


                      • #26
                        Re: Recieved 2 Claim forms

                        This is the one I believe is statute barred. So could someone assist in what to put in my defence? I have absolutely no idea what to say or how to word it correctly.
                        Re statute-barred?
                        Here's one *I did earlier (Add it to the defence example).

                        x. The Defendant contends that any alledged debt would be statute barred by virtue of section 5 of the Limitations Act 1980 in that he has not made payment nor made any acknowledgment of this debt in more than 6 years up to the date of issue of this claim.
                        *It was actually our @Amethyst - http://legalbeagles.info/forums/show...082#post725082 post #13.
                        Plagiarism is the sincerest form of flattery, though!
                        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


                        • #27
                          Re: Recieved 2 Claim forms

                          Hi MrMj

                          As you will see there are example defences in the green box at the top which are based on non compliance with CCA requests etc. However as Charity as posted , as you think it is statute barred it is essential you include that paragraph as well.

                          The way I think ( although some have disagreed) is that you don't rely on just the one thing, use whatever you have - the more the merrier - within reason.

                          Remember to amend your defence from the template, you wouldn't want to pt something in there that is not true

                          Maybe, when you have done it, post a draft (don't include personal details) and others will no doubt give some feedback.

                          Comment


                          • #28
                            Re: Recieved 2 Claim forms

                            OK, so the solicitors have replied today (typical) but they have not provided anything and say they are not required to do so.

                            Please see attached. Does this change my defence at all.
                            Attached Files

                            Comment


                            • #29
                              Re: Recieved 2 Claim forms

                              Hi MrMJ

                              Was this response from Restons?

                              Was in in response to claim 1 or claim 2

                              If it was claim 2 they are , imho , behaving very badly and when you win or if they discontinue you may use this as unreasonable behaviour to claim your costs!

                              In any event
                              The claims are both consumer credit claims so it should not alter your defence , they should still need to produce the documents so include them in the defence and say they refused to supply them.

                              Comment


                              • #30
                                Re: Recieved 2 Claim forms

                                This thread is claim 1, there is seperate thread for claim 2.

                                Comment

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