30 Days to avoid CCJ

[MIKE770]

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.

[Marcus846]

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 Claimant’s 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 ……….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 claimant’s 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 ________________________________

[Marcus846]

I’ve amended some bits and feel this is better but I don’t 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 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 Claimant’s 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………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 claimant’s 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 ________________________________

[NUMBERSEVEN]

What as the outcome of this?

[Marcus846]

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.

[Marcus846]

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

[Marcus846]

I’m not sure what to do now, I think just wait and see what the solicitors say.

Any advice would be very much appreciated.

[jaguarsuk]

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 haven’t provided the requested documentation?

Many thanks
Mark

Yes, use the Example Defence as a guide, although yours is not related to consumer credit.

[Marcus846]

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 ‘SE’ to discuss your proposals for repayment within 7 days upon receipt of this email.



Please find our Client’s collection agent’s 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 ‘partially satisfied’ 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.

---

[Marcus846]

Please help with advice for this I’m totally lost and I feel like they are not listening to what I’m saying. I don’t 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 I’ve never seen before.

[jaguarsuk]

Please help with advice for this I’m totally lost and I feel like they are not listening to what I’m saying. I don’t 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 I’ve 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.

[Marcus846]

Hi,

my defence is in post #63, I’d run out of time and wasn’t 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.

I’ll post the notice of assignment but they haven’t sent me any agreement as they don’t have it.

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

[Marcus846]

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

[Marcus846]

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

[Marcus846]

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.