Lowell Solicitors

[jaguarsuk]

Did you receive the claim form? Or is this some letter you found on another site that you have sent off without properly editing it?

Basically you have admitted receipt of the claim in both the application and in this letter, so the court are going to want to know why if you received it you didn't take the relevant steps to defend the claim?

I don't think this is going to go very well for you if I'm honest.

Disclosure of documentation is covered by CPR 31.14 and only after a claim form has been issued until prior to allocation of the hearing.

On the xx 2015, I received the Claim Form in this case issued by you out of the County Court BULK CENTRE.
With this letter I indicate my intention to contest your entire claim.

You have admitted receipt of the claim form here. So that's admittance in the application form section 10 and in the part 18 request you sent them.

7. Also, your Particulars of Claim state the action is brought for Breach of Agreement, yet you have failed to identify the specific Statutory Instrument you have commenced proceedings under. Therefore, I would be request details of the Statutory Instrument under which you have brought proceedings.

If you didn't receive the claim form how do you know what they state in their PoC?

Please note that if you should fail to comply with this request, fail to request more time or fail to agree to an extension of time for the filing of my defence, I will make an application to the court for an order that the proceedings be struck out or stayed for non-compliance and a summary costs order.

Filing what defence? What proceedings are going to be struck out or stayed?

[freedom12]

SO what can be done now. I copied and posted it .

[jaguarsuk]

SO what can be done now. I copied and posted it .

When they refused to answer the part 18 did they sent you the original copy of it back or just write a response letter to say no?

The problem is that even if you were to correct the application form the other side could just oppose the application with the letter as you have admitted receipt of the debt. Even if you were to withdraw the application and file it again correctly they could still present that letter.

[freedom12]

When they refused to answer the part 18 did they sent you the original copy of it back or just write a response letter to say no?

The problem is that even if you were to correct the application form the other side could just oppose the application with the letter as you have admitted receipt of the debt. Even if you were to withdraw the application and file it again correctly they could still present that letter.

Just a response .

SO you mean just face it

[jaguarsuk]

Just a response .

SO you mean just face it

Well you have two options.

1. Proceed with the application now you have paid and filed it.

I think in your Witness Statement you need to address the fact that you used a template letter for the part 18 and there may be some inaccuracies due to not editing it properly. In doing so withdraw your request that the court enforces them to comply and answer the part 18.

You'll then need to go on to filing the application and that you made a typing error in section 10 as the first you knew about a CCJ was recently and how you found out (when i checked my credit report or such like).

You'll then need to go into the hearing and do your level best to convince the judge to set it aside, plus hope they don't attend to contest the application.

If luck is on your side you might be successful and if not it's gonna cost you if they attend.

2. Withdraw the application and make arrangements to settle the CCJ.