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  1. #1
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    Default Recieved 2 Claim forms

    Hi,

    I posted this in the welcome forum by mistake.

    My partner recieved 2 claims forms yesterday, which we believe are older than 6 years.

    I just need some advice on what to put in the defense section on the claim form. There are lots of templates to send to creditors regarding old debts, but I am unable to find anything is repsonse to a claim.


    Thanks
    MRJ

  2. #2
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    Default Re: Recieved 2 Claim forms

    Quote Originally Posted by MrMRJ View Post
    Hi,

    I posted this in the welcome forum by mistake.

    My partner recieved 2 claims forms yesterday, which we believe are older than 6 years.

    I just need some advice on what to put in the defense section on the claim form. There are lots of templates to send to creditors regarding old debts, but I am unable to find anything is repsonse to a claim.


    Thanks
    MRJ
    Good Morning, welcome to LB,

    Have you acknowledged service of the claims?

    If not do so asap to give you more time to get a defence together.

    If you can please post copies of the claim form (N1) after removing name address and claim number or type in the particulars of claim word for word.

    nem
    The Advice I Give and Draft Letters Provided Are Drawn From Personal Experience and Career Training And Are Given Freely And Without Liability.
    Please make your own decisions with care and if necessary seek qualified legal advice.
    I Prefer Not to Advise by Private Message If Specific Advice is Needed I will Respond on the open forum. If you are contacted (cold called) by anyone offering advice for a fee please report it to the site team. Animo et Fide





  3. #3
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    Default Re: Recieved 2 Claim forms

    Hi MrMRJ

    At the moment all you need to do is acknowledge the claims and tick the box intend to defend all

    Then , depending on what the claims are about will depend how you proceed

    You may think that the claims are statute barred but how many of us can remember everything we have paid or written in the last 6 years, I know I can't.

    As Nemesis said, it would help if you posted up the exact working of the particulars of claim

  4. #4
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    Default Re: Recieved 2 Claim forms

    Thank for your reply so. Please see particulars below:

    Claim 1 - £2559.27

    "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"

    Claim 2 - £949.41

    "1) the defendant entered into a consumer credit act 1974 regulated agreement with vanquis
    2)the defendant failed to maintain the required payments and a default notice was served and not complied with.
    3)the agreement was later assigned to the claimant on 4/8/2013 and notice given to the defendant.
    4)despite repeated requests for payment, the sum of £758.71 remains due and outstanding
    And the claimant claims
    A)the said sum of £758.71
    B) interest pursuant to s69 county court 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 £0.166, but limited to one year being £60.70
    C) costs"


    In terms of acknowledging the claim, can we do this online? I should of mentioned we go away for 2 weeks in may, so I am concerned about missing any replies/deadlines.

    Many Thanks
    MRJ

  5. #5
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    Default Re: Recieved 2 Claim forms

    Quote Originally Posted by MrMRJ View Post
    Thank for your reply so. Please see particulars below:

    Claim 1 - £2559.27

    "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"

    Claim 2 - £949.41

    "1) the defendant entered into a consumer credit act 1974 regulated agreement with vanquis
    2)the defendant failed to maintain the required payments and a default notice was served and not complied with.
    3)the agreement was later assigned to the claimant on 4/8/2013 and notice given to the defendant.
    4)despite repeated requests for payment, the sum of £758.71 remains due and outstanding
    And the claimant claims
    A)the said sum of £758.71
    B) interest pursuant to s69 county court 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 £0.166, but limited to one year being £60.70
    C) costs"


    In terms of acknowledging the claim, can we do this online? I should of mentioned we go away for 2 weeks in may, so I am concerned about missing any replies/deadlines.

    Many Thanks
    MRJ
    Good morning MrJ,

    Yes online acknowledgment on MCOL details are on the court forms.

    Are these debt on her credit files? You can check Noddle/Clear Score free online.

    Requests for both agreements next (CCA Request) template in the green box above.

    A £1.00 statutory fee is payable for each agreement, use a postal order marked " for statutory fee only" and send to the claimant (s) by signed for post.

    Then a request under the provisions of Civil Procedure Rule 31.14 for the documents mentioned in the particulars of claim (template above) this goes to the solicitors and there is no fee payable send by signed for post.

    Claim 1 Documents are: The agreement and the notice of assignment.

    Claim 2 The Regulated agreement, the default notice and the notice of assignment.

    Please state name of claimant and the solicitors approach may vary.

    nem
    The Advice I Give and Draft Letters Provided Are Drawn From Personal Experience and Career Training And Are Given Freely And Without Liability.
    Please make your own decisions with care and if necessary seek qualified legal advice.
    I Prefer Not to Advise by Private Message If Specific Advice is Needed I will Respond on the open forum. If you are contacted (cold called) by anyone offering advice for a fee please report it to the site team. Animo et Fide





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    Default Re: Recieved 2 Claim forms

    Quote Originally Posted by nemesis45 View Post
    Good morning MrJ,

    Yes online acknowledgment on MCOL details are on the court forms.

    Are these debt on her credit files? You can check Noddle/Clear Score free online.

    Requests for both agreements next (CCA Request) template in the green box above.

    A £1.00 statutory fee is payable for each agreement, use a postal order marked " for statutory fee only" and send to the claimant (s) by signed for post.

    Then a request under the provisions of Civil Procedure Rule 31.14 for the documents mentioned in the particulars of claim (template above) this goes to the solicitors and there is no fee payable send by signed for post.

    Claim 1 Documents are: The agreement and the notice of assignment.

    Claim 2 The Regulated agreement, the default notice and the notice of assignment.

    Please state name of claimant and the solicitors approach may vary.

    nem
    Thanks for the update. How long do they have to get that information back to me? As stated we go away May 15th for 2 weeks. What if I go away before I recieve the information? Is there anyway to delay this until we get back in June?

    Thanks

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    Default Re: Recieved 2 Claim forms

    Quote Originally Posted by MrMRJ View Post
    My partner recieved 2 claims forms yesterday.
    What is the claim Issue Date on those forms (top right hand corner)?

    You have 33 days from that date to file your Defence unless you agree an extension of time with the other side under CPR 15.5 in which case you (as Defendant) will need to inform the court in writing.

    So work out whether that deadline falls on a date when you are away on holiday next month.

    Di
    I am a Litigation Executive at Joanna Connolly Solicitors a firm which specializes in consumer credit. 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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    Default Re: Recieved 2 Claim forms

    Quote Originally Posted by Diana M View Post
    What is the claim Issue Date on those forms (top right hand corner)?

    You have 33 days from that date to file your Defence unless you agree an extension of time with the other side under CPR 15.5 in which case you (as Defendant) will need to inform the court in writing.

    So work out whether that deadline falls on a date when you are away on holiday next month.

    Di
    Issue date is 17th April,, so I make the 20th May. So yes that does fall on a day when we will be away.


    Thanks

  9. #9
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    Default Re: Recieved 2 Claim forms

    Quote Originally Posted by MrMRJ View Post
    Thanks for the update. How long do they have to get that information back to me? As stated we go away May 15th for 2 weeks. What if I go away before I recieve the information? Is there anyway to delay this until we get back in June?

    Thanks
    CCA Request has a 12 + 2 Working Days Time Scale For Compliance Starting On The Date The Request Is Received, CPR 31. 14 has a nominal 7 days BUT CPR 31.14 my be declined on the grounds that it does not apply to small claims. It does but only until the claim is allocated to SCT.

    I suggest you inform the court and the claimants solicitors that you will be away giving the specific dates and request and extension of time to meet court dead lines.

    nem
    The Advice I Give and Draft Letters Provided Are Drawn From Personal Experience and Career Training And Are Given Freely And Without Liability.
    Please make your own decisions with care and if necessary seek qualified legal advice.
    I Prefer Not to Advise by Private Message If Specific Advice is Needed I will Respond on the open forum. If you are contacted (cold called) by anyone offering advice for a fee please report it to the site team. Animo et Fide





  10. #10
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    Default Re: Recieved 2 Claim forms

    Quote Originally Posted by nemesis45 View Post
    Good morning MrJ,

    Are these debt on her credit files? You can check Noddle/Clear Score free online.
    The original accounts are not on her credit file, however the comapny that the debt has been sold to is.

    The higher amount debt is capquesthe (Restons solicitors limited) the smaller debt Lowell (Lowell Solicitors)


    Thanks

  11. #11
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    Default Re: Recieved 2 Claim forms

    Quote Originally Posted by MrMRJ View Post
    The original accounts are not on her credit file, however the comapny that the debt has been sold to is.

    The higher amount debt is capquesthe (Restons solicitors limited) the smaller debt Lowell (Lowell Solicitors)


    Thanks
    What is the default date on each entry?

    nem
    The Advice I Give and Draft Letters Provided Are Drawn From Personal Experience and Career Training And Are Given Freely And Without Liability.
    Please make your own decisions with care and if necessary seek qualified legal advice.
    I Prefer Not to Advise by Private Message If Specific Advice is Needed I will Respond on the open forum. If you are contacted (cold called) by anyone offering advice for a fee please report it to the site team. Animo et Fide





  12. #12
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    Default Re: Recieved 2 Claim forms

    Quote Originally Posted by MrMRJ View Post

    Claim 1 - £2559.27

    "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"

    Claim 2 - £949.41

    "1) the defendant entered into a consumer credit act 1974 regulated agreement with vanquis
    2)the defendant failed to maintain the required payments and a default notice was served and not complied with.
    3)the agreement was later assigned to the claimant on 4/8/2013 and notice given to the defendant.
    4)despite repeated requests for payment, the sum of £758.71 remains due and outstanding
    And the claimant claims
    A)the said sum of £758.71
    B) interest pursuant to s69 county court 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 £0.166, but limited to one year being £60.70
    C) costs"
    Quote Originally Posted by MrMRJ View Post
    The higher amount debt is capquesthe (Restons solicitors limited) the smaller debt Lowell (Lowell Solicitors)
    Since you have two claims from two different Claimants, issued by two different solicitors, it would make sense to have two separate threads since these claims won't necessarily travel through legal proceedings at the same speed and/or need the same advice.

    Why don't you start a new thread for Claim 2 (Lowells) and leave Claim 1 (Capquest/Restons) here on this thread.

    This will avoid any accidental misunderstandings as to which claim needs what advice and when

    If you have any problems you can ask @Kati nicely if she'll help you and maybe export any posts on this thread to your other new thread if needed.

    Di
    I am a Litigation Executive at Joanna Connolly Solicitors a firm which specializes in consumer credit. 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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    Default Re: Recieved 2 Claim forms

    Quote Originally Posted by nemesis45 View Post
    What is the default date on each entry?

    nem
    That's the bit that has thrown me they are both 2013. Will they go from this date for the 6 years?

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    Default Re: Recieved 2 Claim forms

    I have been thinking about this, and would like to know what your opinion is.

    With us going away and other things going on in our life at the minute. We really don't need the hassle of requesting this, meeting this deadline on time...etc

    What about if we just accept liability and offer a nominal amount each month £5- £10. I pay all our house old bills and we use my partners account for day to day expenses and food shopping.

    If we put on the expenses form as though she pays some of the bills, are the likely to accept a small amount each month for the debt, or will they require proof that she is paying said bills. She doesn't get paid much around £1100 / month so although she is not directly paying council tax / rent etc... she is paying for our other costs.

    Thanks

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    Default Re: Recieved 2 Claim forms

    I don't think you need to throw in the towel just yet.

    I know it's a faff dealing with claims but the Beagles will help you every step of the way.

    You could file your Defence the day before you go on holiday and then sit back and enjoy your trip.

    The court is unlikely to give you an extension of time to file your Defence (a suggestion made in post # 9) just because you're going on holiday so I see no point in asking.

    There are letters you can send which will protect your legal position. Send them on Monday.

    Di
    I am a Litigation Executive at Joanna Connolly Solicitors a firm which specializes in consumer credit. 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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    Default Re: Recieved 2 Claim forms

    Quote 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
    I am a Litigation Executive at Joanna Connolly Solicitors a firm which specializes in consumer credit. 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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    Default 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 at 20:40:PM.

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    Default Re: Recieved 2 Claim forms

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

  19. #19
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    Default Re: Recieved 2 Claim forms

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

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    Default 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

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    Default Re: Recieved 2 Claim forms

    Quote 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
    The Advice I Give and Draft Letters Provided Are Drawn From Personal Experience and Career Training And Are Given Freely And Without Liability.
    Please make your own decisions with care and if necessary seek qualified legal advice.
    I Prefer Not to Advise by Private Message If Specific Advice is Needed I will Respond on the open forum. If you are contacted (cold called) by anyone offering advice for a fee please report it to the site team. Animo et Fide





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