Page 2 of 2 FirstFirst 12
Results 26 to 33 of 33

Thread: Recevied a court claim, require help for O/D debt

  • Share
  • Thread Tools
  • Display
  1. #26
    Join Date
    Jun 2016
    Posts
    3,457
    Mentioned
    516 Post(s)

    Default Re: Recevied a court claim, require help for O/D debt

    Quote Originally Posted by fuqex View Post
    I have spoken with the court, it seems I may have made a bit of a mistake...

    . . . I however sent the defence part also without completing the defence section and this is what was being refereed to.
    It seems the court has done you a favour and given you a chance to rectify the situation.

    You filed a Defence in theory albeit a blank Defence.

    As Jo says you can now file an Amended Defence without needing permission from the court >


    Quote Originally Posted by Joanna C View Post
    Because the court hasnít yet served it on the other side they are giving you the opportunity to file a correct defence before the deadline. Under the CPR rules a party can amend a statement of case (defence), without the need for either consent or the courts permission, if it hasnít been served on the other side. The court has not yet sent the claimant a copy it would seem.

    Those forms are confusing to ordinary people and that Defence box often causes problems. We had a client who had simply put "I don't owe them any money. You will get a letter from a solicitor" which left the door open for us to file an Amended Defence which was a tad more comprehensive

    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 di@joannaconnollysolicitors.co.uk . 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

  2. #27
    Join Date
    May 2017
    Posts
    17
    Mentioned
    0 Post(s)

    Default Re: Recevied a court claim, require help for O/D debt

    Thankyou.

    Feel better now that its not just me being confused.

    Not heard anything from anyone as yet... may have to decide on a defence soon in case i dont hear anything.

    Any suggestions on a defence... or just that ive received no supporting evidence from restons.

  3. #28
    Join Date
    Apr 2009
    Posts
    4,690
    Mentioned
    117 Post(s)

    Default Re: Recevied a court claim, require help for O/D debt


  4. #29
    Join Date
    May 2017
    Posts
    17
    Mentioned
    0 Post(s)

    Default Re: Recevied a court claim, require help for O/D debt

    Good evening,

    Any suggestions as i have not heard anything from the bank or restons solicitors as yet with regards to sar (Still have 30 days anyway) and the request for the contract has gone on deaf ears.

    Should i respond again with another letter asking for the proof again.

    Thanks again guys

  5. #30
    Join Date
    May 2017
    Posts
    17
    Mentioned
    0 Post(s)

    Default Re: Recevied a court claim, require help for O/D debt

    To keep you all informed,

    I shall be sending another letter to Restons requesting copies of the contract along with the default notice, giving a further 7 days. After this time I shall have my defence prepared for this claim.

    In the next couple of days I shall post me defence and see if this would be acceptable... I am relying on a couple of things which ill make everyone aware at the time.

  6. #31
    Join Date
    Sep 2009
    Posts
    10,326
    Mentioned
    350 Post(s)

    Default Re: Recevied a court claim, require help for O/D debt

    As stated on another thread, it might be an idea to include the Deed(s) of Assignment in your request list.
    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

  7. #32
    Join Date
    May 2017
    Posts
    17
    Mentioned
    0 Post(s)

    Default Re: Recevied a court claim, require help for O/D debt

    Thanks Charitynjw,

    Have sent it now, requesting the Deeds of assignment, along with the contract they mentioned and the Default notice, covering all bases.

  8. #33
    Join Date
    May 2017
    Posts
    17
    Mentioned
    0 Post(s)

    Default Re: Recevied a court claim, require help for O/D debt

    Just received my letter from Restons solicitors this morning, this is how it reads:

    We would point out that the Claim was issues via the County Court Business Centre which is a procedure specifically provided for in the CPR. The procedure only allows a Claimant to insert brief details of the claim and does not allow for the attachment of any enclosures.

    Paragraph 5.2a of Practice Direction 7E specifically states "The requirement in paragraph 7.3 of Practice Direction 16 for documents to be attached to the particulars of contract claims does not apply to claims started using an online claim form, unless the particulars of claim are served separately in accordance with paragraph 5.2 of this practice direction."

    We would also remind you that CPR31.13 states: -

    "A party would inspect a document mentioned in -

    (a) a statement of case;
    (b) a witness statement;
    (c) a witness summary; or
    (d) an affidavit"

    You would have been provided with a copy of the contractual Terms and Conditions at the time the account was opened and hence we see no reason why you now require an additional copy.

    Furthermore, the other documents you have requested are not "mentioned" in the Particulars of the claim and therefore CPR31.14(1) does not apply.

    Although your letter states that you require requested documents in order to file a Defence / Counterclaim, we would point out that the Particulars claim contains sufficient information in order for you to understand what the Claim relates to, namely:

    a) the date the account was opened;
    b) the account number;
    c) the outstanding balance;
    d) the name of the original creditor; and
    e) the fact that the account has been assigned to the Claimant and when it was assigned.

    We trust this clarifies matters. As we have issued legal proceedings against you, we recommend that you respond to the Court documentation accordingly.

    Should you fail to respond to the documentation, we may enter judgement in default against you.


    The documents I requested, were a copy of the contract, deeds of assignment and default notice, although they have refused these as they are not part of the particulars, these could be requested within court im presuming as these would need to be required to follow correct pre-court protocol, whereas the contract they refer to will need to be showed, however this shouldn't be too difficult to find for them.

Page 2 of 2 FirstFirst 12

Similar Threads

  1. CCJ - Never Recevied Claim Pack
    By hypuk in forum Bryan Carter Solicitors
    Replies: 0
    : 4th September 2015, 08:16:AM
  2. Replies: 279
    : 7th March 2015, 12:02:PM
  3. Urgent - Recevied Court Papers And Need Advice
    By kimmy in forum Cabot Financial
    Replies: 15
    : 10th January 2011, 15:02:PM
  4. Urgent - Recevied Court Papers And Need Advice
    By kimmy in forum Received a Court Claim?
    Replies: 1
    : 3rd January 2011, 10:44:AM

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  
Contact Us



© Celame (UK) Ltd 2016
Hosted by Lodge Information Services Ltd
LegalBeaglesģ are DPA Registered No. ZA158014
LegalBeaglesģ is the trading name of CELAME (UK) LIMITED ( 09220332 )
Registered Address: 25 Moorgate, London, England, EC2R 6AY
VAT registration number 206 9740 02
User Alert System provided by Advanced User Tagging v3.1.3 (Lite) - vBulletin Mods & Addons Copyright © 2017 DragonByte Technologies Ltd.
Feedback Buttons provided by Advanced Post Thanks / Like (Lite) - vBulletin Mods & Addons Copyright © 2017 DragonByte Technologies Ltd. Runs best on HiVelocity Hosting.
Celame (UK) Ltd Powered by vBulletin® Version 4.2.3
Copyright © 2017 vBulletin Solutions, Inc. All rights reserved.
TOP