old cc debt come back to life!

[Diana M]

Re: old cc debt come back to life!

yes claim was issued i can see that now, but i wasnt sure what it was when i replied to it at the time last month ? i though it was just solicitors letter threating me,,,,

so what i sent them which is now my so called defense! was just another "prove it letter" as you have stated above i sent that on 9/5/17 think date was.

^ ^ ^ ^ May I clarify something really important with you.

When you say you replied to the claim with a prove it letter to "them" who was "them"?

Was your reply (now apparently considered as your Defence) a prove-it letter sent to Howard Cohen or a letter sent to the court which has considered it (your letter) as your Defence?

Or did you file a formal Defence?

Or was the prove-it letter you sent to Howard Cohen forwarded to the court by them (Howard Cohen) as your Defence unbeknown to you?

We have just dealt with a case where precisely that happened so I'm acutely aware of the possibility and the legal remedy open to you if that is what did happen to you (i.e. the Claimant's solicitors filed your letter as your Defence without yourknowledge).

Di

[Diana M]

Re: old cc debt come back to life!

ime wondering if i can ask to see there evidence they just submitted ? ive asked for proof of debt several time and never recived anything then this letter out the blue last month, so again i sent proof of debt letter in, now this letter yesterday saying they have submitted evidence.

What letter saying that the Claimant has submitted evidence to the court? I can't see any letter which says that.

Neither party would be submitting evidence to the court at this stage unless a court Order has been made/served requiring them to do so.

Di

[Diana M]

Re: old cc debt come back to life!

In post#19 Di said . . . . and also suggested sending a Cpr 31.14 request to Hoist

No she didn't

In Post # 19 Di actually said >

I would suggest that you send a CPR 31.14 Request to Howard Cohen solicitors too.

Di

[warwick65]

Re: old cc debt come back to life!

Sorry Di
My bad, I meant to say HC

[jayl6191]

Re: old cc debt come back to life!

Sorry in work so no paper work with me,

but yes i have sent dq to court..

And yes you are correct i recieved a letter saying it was been considered for court, i sent a CCA request to Howard Cohen then recieved letter from court saying i had filed a defense ?

so have since sent another cca request and a CPR 31.14 request to HC and recieved a letter saying thanks for pyment of the account ?

as far as iam aware i did not file no defence

^ ^ ^ ^ May I clarify something really important with you.

When you say you replied to the claim with a prove it letter to "them" who was "them"?

Was your reply (now apparently considered as your Defence) a prove-it letter sent to Howard Cohen or a letter sent to the court which has considered it (your letter) as your Defence?

Or did you file a formal Defence?

Or was the prove-it letter you sent to Howard Cohen forwarded to the court by them (Howard Cohen) as your Defence unbeknown to you?

We have just dealt with a case where precisely that happened so I'm acutely aware of the possibility and the legal remedy open to you if that is what did happen to you (i.e. the Claimant's solicitors filed your letter as your Defence without yourknowledge).

Di

[jayl6191]

Re: old cc debt come back to life!

ime in work till 10pm will try find first letter i received when i sent first cca and it got filed as my defence...

for some reason i didnt think it was a formal court letter so just sent cca request to HC

[Diana M]

Re: old cc debt come back to life!

yes you are correct i recieved a letter saying it was been considered for court, i sent a CCA request to Howard Cohen then recieved letter from court saying i had filed a defense

. . . . . as far as iam aware i did not file no defence

No you didn't file a Defence, and that issue needs to be tackled because there is a "Defence" filed at court albeit by the Claimant's solicitors who were clearly taking advantage of a Litigant in Person.

Nevertheless there is a Defence on file which will be (no disrespect intended) inadequate to successfully defend this £9k claim.

Di

[jayl6191]

Re: old cc debt come back to life!

Thanks Di, i will try to get first letter to show you and were i sent it to, but not sure if i returned the letter to them....

Is this something i can do with the "defence" or is it complicated.

No you didn't file a Defence, and that issue needs to be tackled because there is a "Defence" filed at court albeit by the Claimant's solicitors who were clearly taking advantage of a Litigant in Person.

Nevertheless there is a Defence on file which will be (no disrespect intended) inadequate to successfully defend this £9k claim.

Di

[CharlieP]

Re: old cc debt come back to life!

This is a mess. If I were you I would give a consumer solicitor a call for a brief chat. I used Joanna Connolly against these same claimants and they were brilliant. It's not nearly as expensive as you might think. For nearly £10k - I don't think you can do this on your own based on what's happened so far.

[warwick65]

Re: old cc debt come back to life!

In many ways it is shocking that they sent a letter to the court claiming it was your defence however if they had not would you have actually acknowledged the claim online and entered a defence? If the answer to that is a no you would probably now be in the situation of having a default judgement

If I were you i wouldn't necessarily answer that on the forum as they ( solicitors) are known to view the forums and use info against you
[MENTION=82993]CharlieP[/MENTION] does make some good comments about your need for getting some sound legal advice and [MENTION=87380]Diana M[/MENTION] and her firm do seem to have some experience of this underhand tactic. Of course in line with forum rules i would not want to be seen to influence your decision.

[Diana M]

Re: old cc debt come back to life!

This is a mess. If I were you I would give a consumer solicitor a call for a brief chat. I used Joanna Connolly against these same claimants and they were brilliant. It's not nearly as expensive as you might think. For nearly £10k - I don't think you can do this on your own based on what's happened so far.

This is true.

Thank you for making the point. Much appreciated.

They've discontinued

I instructed Joanna Connolly Solicitors to take over as it was getting way beyond our comfort zone. Joanna Connolly filed an amended defence and the claimant's sols finally came up with some documents just before the hearing date. It's like they withheld.

It did go to a hearing, the claimant wanted an adjournment because of various things our sols had brought to light. We didn't but it was adjourned anyway because the allocated time of 2 hours wasn't long enough for the hearing in full. The claimant's rep was asked to bring a few docs to the next hearing requested by our sols and a new hearing date was suggested in April.

Anyway, today they discontinued. All thanks to Joanna Connolly and her remarkable team.

Di