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30 Days to avoid CCJ

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  • #61
    state on such a date a request under CPR 31.14 was made and to date no response received (seems to be the normal way ignore until they have to later down the line). send in defence on line 24 hrs before deadline then they have no chance to rubbish your statement. send also with proof posting to court etc.,m keep copies of all.

    Comment


    • #62
      Is this ok?

      NORTHAMPTON COUNTY COURT (CCBC)
      CASE No:
      BT Plc
      And


      Defence

      1.The Defendant received the claim from the Northampton
      County Court on 1st October 2022.

      2.Each and every allegation in the Claimants statement of case is
      denied unless specifically admitted in this Defence.

      3.It is denied that the Defendant has entered into an agreement
      with BT Plc for provision of credit.

      4.The Claimants statement of case fails to give adequate
      information to enable me to properly assess my position with
      regards the claim.

      5.The Claimantís Particulars of Claim fail to state when the
      agreement was entered into.

      6.The Claimants statement of case states that the account was
      assigned from Bt Plc to ÖÖÖ.on 19/10/2018. The Defendant
      does not recall receiving notice of this assignment.

      7.On the 3/10/2022 The Defendant sent a request for inspection of
      documents mentioned in the claimantís statement of case under
      Civil Procedure Rule 31.14 to Overdales Solicitors, I requested
      the Claimant provide copies of the [Agreement and Notice of
      Assignment].

      8.Overdales Solicitors has not sent any of these documents to the
      Defendant.

      9.16.The Defendant respectfully requests the court orders the
      Claimants to provide the necessary documentation in order for The
      Defendant to fully plead his case else the Claim should stand
      struck out.

      10.Statement of Truth

      [I believe][the (claimant or as may be) believes] that the facts stated in this [name document being verified] are true. I understand] [The (claimant or as may be) understands that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.
      Signed ________________________________

      Dated ________________________________

      Comment


      • #63
        Iíve amended some bits and feel this is better but I donít know if its acceptable, can someone please just have a look through and advise me please.

        Many thanks
        Mark

        NORTHAMPTON COUNTY COURT (CCBC)
        CASE No:
        Lowell
        And


        Defence

        1.The Defendant received the claimÖÖ. from the Northampton
        County Court on 1st October 2022.

        2.Each and every allegation in the Claimants statement of case is
        denied unless specifically admitted in this Defence.

        3.It is denied that the Defendant has entered into an agreement
        with BT Plc for provision of credit.

        4.The Claimants statement of case fails to give adequate
        information to enable me to properly assess my position with
        regards the claim.

        5.The Claimantís Particulars of Claim fail to state when the
        agreement was entered into.

        6.The Claimants statement of case states that the account was
        assigned from Bt Plc toÖÖÖon 19/10/2018. The Defendant
        does not recall receiving notice of this assignment.

        7.On the 3/10/2022 The Defendant sent a request for inspection of
        documents mentioned in the claimantís statement of case under
        Civil Procedure Rule 31.14 to Overdales Solicitors, I requested
        the Claimant provide copies of the Agreement and Notice of
        Assignment.

        8.Overdales Solicitors have not sent any of these documents to the
        Defendant.

        9.The Defendant respectfully requests the court orders the
        Claimants to provide the necessary documentation in order for The
        Defendant to fully plead his case else the Claim should stand
        struck out.

        10.In the event that the relevant documents are received from the
        Claimant, the Defendant will then be in a position to amend his
        defence, and would ask that the Claimants bear the costs of the
        amendment.

        11.Statement of Truth
        I believe that the facts
        stated in this defence are true.I understand that
        proceedings for contempt of court may be brought against anyone
        who makes, or causes to be made, a false statement in a document
        verified by a statement of truth without an honest belief in its
        truth.
        Signed ________________________________

        Dated ________________________________

        Comment


        • #64
          What as the outcome of this?

          Comment


          • #65
            Originally posted by NUMBERSEVEN View Post
            What as the outcome of this?
            This is what the court wrote back:


            1 acknowledge receipt of your defence. A copy is being served on the claimant (or the claimant's solicitor).

            The claimant may contact you direct to attempt to resolve any dispute. If the dispute cannot be resolved informally, the claimant will inform the court that he wishes to proceed. The court will then inform you of what will happen.

            Where he wishes to proceed, the claimant must contact the court within 28 days after receiving a copy of your defence. After that period has elapsed, the claim will be stayed. The only action the claimant can then take will be to apply to a judge for an order lifting the stay.





            Comment


            • #66
              And this is what Overdales sent:


              Notice of pending County Court Judgment (CCJ)

              You have failed to respond to the County Court Claim with either a proposal for payment or a valid explanation as to why the debt should not be paid.

              If you do not respond to the County Court Claim within the time specified or contact us to resolve this matter by 11 November 2022 we will ask the Court to enter a CCJ against you.

              If a CCJ is entered against you and you do not make payment in full within one month, it may remain on your credit file for 6 years and can make it more difficult for you to obtain further credit, such as a mortgage, credit card, car finance or mobile phone contracts.

              If a CCJ is granted and you do not make payment as ordered, we may seek to enforce the CC.J by way of a Warrant of Control where a bailiff could attend your property to recover the debt or goods to the value of the debt which may then be sold at auction.

              What you need to do now

              Please p a one-of

              y calling 0333 111 0120. If you are unable to clear vour balance ir

              L, we can discuss other payment options with you

              We want to assure you that wherever possible we will work with vou to ensure a suitable solution to your situation, but we cannot help you to resolve this matter if you do not engage with us

              Yours sincerely

              Overdales

              Overdales Solicitors

              *I CELZZO

              Legal Limited. a company registered in England and Wales under Company No. 07407310. Registered office

              Comment


              • #67
                Iím not sure what to do now, I think just wait and see what the solicitors say.

                Any advice would be very much appreciated.

                Comment


                • #68
                  Originally posted by Marcus846 View Post
                  Hi,

                  I have just got back from holiday and they have not sent the documents I requested in my CPR 31.14.

                  How do I proceed now? Do I put in my defence that they havenít provided the requested documentation?

                  Many thanks
                  Mark
                  Yes, use the Example Defence as a guide, although yours is not related to consumer credit.
                  COMPLETING AN N180 DIRECTIONS QUESTIONNAIRE (SMALL CLAIMS TRACK) GUIDE

                  My posts here are based on my experience of a variety of life events. I have no formal legal training & if in doubt take professional legal advice or contact CAB. If you follow anything I write here you do so at your own risk & I accept no liability for any loss, costs or other outcomes.

                  Private messages are disabled as help is only offered publicly. I do not come on here in the evening, at weekends or on public holidays.

                  Comment


                  • #69
                    Dear Mr



                    Our reference:

                    Claim number:



                    We confirm receipt of your Defence.



                    We note in your Defence you deny entering into a Credit Agreement with BT PLC, we can confirm it is not pleaded that you have entered into a credit agreement with BT PLC, it was a telecommunications agreement opened on 4 November 2016 for phone, broadband and sports hardward. The last payment of £196 was made on 29 June 2017.



                    We have previously responded to your CPR part 31 request, we have attached a copy for your reference.



                    We can confirm our Client will not accept to paying any of your costs for you to amend your Defence.



                    At this stage, our Client is satisified that you remain liable for the outstanding balance of £778.38

                    Settlement Proposal

                    Our Client remains willing to reach an amicable resolution and bring the matter to a close. As a full and final settlement of the claim, our Client is prepared to accept £600.00



                    Please respond via email for the attention of ĎSEí to discuss your proposals for repayment within 7 days upon receipt of this email.



                    Please find our Clientís collection agentís details



                    Please use your reference as a payment reference to ensure this is allocated to your account.



                    Please note accepting any reduced settlement offers means the matter will show as Ďpartially satisfiedí on your credit report.



                    In order to avoid the matter proceeding, our Client is willing to afford you the opportunity to pay the new balance without incurring any further costs.



                    Should we fail to hear from you within 7 days, we have been instructed by our client to proceed with the Claim.



                    We trust further action will not be necessary and look forward to hearing from you.



                    You may wish to seek independent legal advice from the Citizens Advice Bureau or a Solicitors of your choosing.



                    Comment


                    • #70
                      Please help with advice for this Iím totally lost and I feel like they are not listening to what Iím saying. I donít have any money to give them.

                      They have no given me a copy of the agreement as mentioned in the particulars of the claim and the NOC Iíve never seen before.

                      Comment


                      • #71
                        Originally posted by Marcus846 View Post
                        Please help with advice for this Iím totally lost and I feel like they are not listening to what Iím saying. I donít have any money to give them.

                        They have no given me a copy of the agreement as mentioned in the particulars of the claim and the NOC Iíve never seen before.
                        In the defence did you plead it as 'entering into a credit agreement with BT' or 'entering into an agreement with BT?'

                        You haven't posted a copy of the defence here, but I told you in post #68 'yours is not related to consumer credit.' It would be good for you to post a copy of the defence with identifying information removed.

                        Also redact any document they have sent you of personal info and post it here as well.

                        This is all part of the process, they know fine well they have no documentation to evidence their claim unless they make something up and you can show that they previous have told you they didn't have the agreement and BT have told you the same, so if they make something up they'll be exposed in court for it.

                        They are basically trying to turn the screws on you in an attempt to get you to pay up.
                        COMPLETING AN N180 DIRECTIONS QUESTIONNAIRE (SMALL CLAIMS TRACK) GUIDE

                        My posts here are based on my experience of a variety of life events. I have no formal legal training & if in doubt take professional legal advice or contact CAB. If you follow anything I write here you do so at your own risk & I accept no liability for any loss, costs or other outcomes.

                        Private messages are disabled as help is only offered publicly. I do not come on here in the evening, at weekends or on public holidays.

                        Comment


                        • #72
                          Hi,

                          my defence is in post #63, Iíd run out of time and wasnít sure what to do so I had no choice but to send that as I was late back from holiday and I had no reply from the court regarding the extension.

                          Iíll post the notice of assignment but they havenít sent me any agreement as they donít have it.

                          The notice of assignment is actually sent to the wrong address, itís similar but not right.

                          Comment


                          • #73
                            Dear Mr,

                            Thank you for your recent correspondence.

                            This debt does not arise under an agreement for credit and therefore it is not regulated by the Consumer Credit Act 1974.

                            This means that the original creditor is not required to retain a copy of the agreement, if it was in writing, and therefore we are unable to obtain a copy. If the matter proceeds, we may ask the Court to accept that there was a contract based on other evidence that may be available.

                            Accounts of this type can be obtained by telephone, over the internet and therefore it is possible that no signed contract ever existed, or that this was entered into by electronic signature online.

                            Please find attached a copy of the Notice of Assignment as requested. As your account is now subject to legal proceedings, should you wish to dispute the matter further, you are required to seek independent legal advice.

                            We note you have submitted your Acknowledgment of Service. Please ensure you respond to the County Court Claim as you deem appropriate within the timescales set out by the Court.

                            Failure to respond to the Claim within the Court timescales may result in us applying for a County Court Judgment (CCJ) in Default to be entered. This would mean further costs and could make it difficult for you to obtain credit, mortgages or even some employment whilst it remains unsatisfied on your credit file for six years.

                            Yours sincerely

                            Overdales Jolicitors

                            Comment


                            • #74
                              And then this is attached:

                              Introducing Lowell

                              We are Lowell Portfolio I Ltd, a specialist debt purchaser, which buys accounts from various organisations and then works with the customer to arrange repayment of the balance outstanding.

                              This letter is intended to give you formal notice that your outstanding account with

                              BT PLC was sold and assigned to Lowell Portfolio I Ltd on 19 October, 2018. As Lowell Portfolio I Ltd now owns the debt, we are entitled to receive payment of the outstanding balance. Details of your account are set out in the right hand margin.

                              Lowell Portfolio I Ltd has instructed Lowell Financial Ltd to manage your account.

                              Any payments made towards your account after 19 October, 2018 will be forwarded to us and will be deducted from the balance shown to the right.

                              What you need to do now

                              Please call us on 0333 556 5703 to discuss repayment of this account. If you cannot make payment in full, we can agree an affordable repayment plan. We can accept payment by a variety of methods - including by card or by Direct Debit.

                              Alternatively, you may prefer to visit www.lowell. co. uk and either repay your debt in full or use our income and expenditure calculator to arrange a repayment plan that matches your current financial circumstances. You can then set up a convenient Direct Debit or arrange payment by a method that is suitable for you.

                              If your account is being managed by an authorised third party, for example a Debt Management Company or a relative, please ensure that you update them with this information and show them this letter.

                              If you have any questions about the contents of this letter, please contact us on

                              0333 556 5703

                              Yours sincerely

                              Comment


                              • #75
                                Overdales have sent this today:

                                What do I do with this please?


                                We refer to the matter detailed at the side of this page.

                                Please find enclosed a copy of the Directions Questionnaire which we have now sent to the Court. The Court will shortly send you your own Directions Questionnaire and confirm a date by which it must be returned.

                                We have agreed to mediation in our Directions Questionnaire which may result in settlement without further legal action and costs. Mediation would be conducted over the telephone by an independent mediator. If you agree to mediation, please ensure you tick the 'ves' box in part A1 of your own Directions Questionnaire.

                                If you would like to settle this matter directly, our client invites you to put forward an affordable settlement to us either as a single payment or by instalments. An agreed settlement may avoid a hearing or judgment and also additional costs being added to your debt.

                                We recommend that you obtain independent legal advice in order to fully understand your rights in relation to this claim. You can instruct a solicitor of your choice or obtain free legal advice from a Citizens' Advice Bureau or other legal advice centre.

                                Comment

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                                SHORTCUTS

                                Pre-Action Letters
                                First Steps
                                Check dates
                                Income/Expenditure
                                Acknowledge Claim
                                CCA Request
                                CPR 31.14 Request
                                Subject Access Request Letter
                                Example Defence
                                Set Aside Application
                                Witness Statements
                                Directions Questionnaire
                                Statute Barred Letter



                                If you received a court claim and would like some help and support dealing with it, please read the first steps and make a new thread in the forum with as much information as you can.





                                NOTE: If you receive a court claim note these dates in your calendar ...
                                Acknowledge Claim - within 14 days from Service

                                Defend Claim - within 28 days from Service (IF you acknowledged in time)

                                If you fail to Acknowledge the claim you may have a default judgment awarded against you, likewise, if you fail to enter your defence within 28 days from Service.




                                We now feature a number of specialist consumer credit debt solicitors on our sister site, JustBeagle.com
                                If your case is over £10,000 or particularly complex it may be worth a chat with a solicitor, often they will be able to help on a fixed fee or CFA (no win, no fee) basis.
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