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Claim form received - need help

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  • Claim form received - need help

    I have received a claim form with JC international as claimant. The particulars of claim state the defendant owes the claimant £5460 under a credit card agreement with monument visa dated 17/06/2004 and which was assigned to the claimant and notice which was given to the defendant.
    I have never acknowledged this debt and hence believe it should be statute barred. Also I understand I should ask for a CCA. I need to know how to defend the claim and what I write as my defence. Please help
    Tags: None

  • #2
    Hi

    There are several things you need to do
    1) Go online and acknowledge the claim and tick you will defend all. That gives you an extra 14 days to get a defence in - or settle if you want.
    2) Send a CCA request with the £1 fee to the claimant
    3) Send a CPR31.14 request asking for the documents mentioned in the claim- does it mention default notice- if not that is important
    I would send a SAR to monument as well to get all the details

    No need to answer here but can you remember how you applied- they really do need a signed copy of the agreement.

    You might want to PM pt2537 If you can afford it you may want to see what he would charge to draft a defence etc, he really is very good but if you can do it yourself at this point so much the cheaper.

    The SAR may tell you when the DN was issued and when the last payment was made- you need a clear 6 years from last payment or expiry of the DN for it to be SB (5 in Scotland)

    Comment


    • #3
      I am 100% sure I have made no payments to this debt and itís statute barred. However the lawyer representing stated their client said a payment was made in July 2018 which is 100% not true. I asked for evidence and they said they will ask the claimant for it.
      I also asked them for a copy of my CCA and they replied they will get from their client and proceeded to put the court claim on hold indefinitely until they get the credit agreement.
      The lawyer said as itís on hold I donít need to respond within 14 days now to the court claim (which Iím suspicious about)

      Comment


      • #4
        Matty how would I go about asking for a CPR 31.14 is this via my defence or to the solicitor representing the claimant?

        Comment


        • #5
          Originally posted by Strikeout View Post
          Matty how would I go about asking for a CPR 31.14 is this via my defence or to the solicitor representing the claimant?
          You would send the CPR31.14 request to the claimants along with the CCA request. It is always useful to copy in the claimants solicitor.

          atticus might be able to direct you to draft form or
          echat11 might also be able to help

          Comment


          • #6
            Originally posted by Strikeout View Post
            Matty how would I go about asking for a CPR 31.14 is this via my defence or to the solicitor representing the claimant?
            You send the following, make sure you get Proof of Postage.

            https://legalbeagles.info/library/gu...-of-documents/

            Regarding the solicitor stating it's on 'Hold', unless you have it in writing, I personally would file the Defence within the claim date providing you have Acknowledge of Service.

            Comment


            • #7
              The actual claimant JC international are based in Georgia USA. Their local solicitor Moriarty law have said to me over the phone that I should send any requests for documents to them.

              I have just now asked to get confirmation in writing my claim is on hold. Even now they are saying we are happy to write off 50% of alleged debt. I really feel they thought I would ignore the claim form and then they would get an immediate CCJ.

              Comment


              • #8
                Originally posted by Strikeout View Post
                The actual claimant JC international are based in Georgia USA. Their local solicitor Moriarty law have said to me over the phone that I should send any requests for documents to them.

                I have just now asked to get confirmation in writing my claim is on hold. Even now they are saying we are happy to write off 50% of alleged debt. I really feel they thought I would ignore the claim form and then they would get an immediate CCJ.
                Because of the age of the account it does sound like they don't have a copy of the original agreement. Update the thread a week before your defence is due.

                Comment


                • #9
                  Would you suggest I still write my defence and what things should I put in there? Should I write in the defence part I have discussed with Moriarty law to get a copy of CCA and they have said case is on hold until they get it.

                  should I also add the statute barred aspect - so that I have two defences listed?

                  Comment


                  • #10
                    Originally posted by Strikeout View Post
                    Would you suggest I still write my defence and what things should I put in there? Should I write in the defence part I have discussed with Moriarty law to get a copy of CCA and they have said case is on hold until they get it.

                    should I also add the statute barred aspect - so that I have two defences listed?

                    Provide the following information, copy and paste back to thread without personal information:

                    Received a claim? Yes/No:
                    Issue Date:
                    Have you Acknowledged the Claim?:
                    Total Amount Claimed : ( approximately please do NOT use EXACT figure given on the claim form, round up to next £100 or £1000)
                    Claimantís Name:
                    Solicitors Firm:
                    Original Creditor:
                    Original Debt (eg. Credit card/Loan/Overdraft) :
                    Particulars of Claim: ( Please type out in full excluding names/account numbers/exact amounts ):
                    Is the debt Statute Barred (have you had any contact with the creditor or claimant over the last 6 years?):
                    List any letters you have sent (eg: CCA/ CPR ):
                    Any Other Information or Background Details:

                    a) First Acknowledge the Claim, you can do this online, this will give you 28 days in total to work on your defence.

                    https://legalbeagles.info/library/gu...ledge-a-claim/

                    b) Send a SAR request, they have 30 days to provide all the data they hold on the account. Make sure you get Proof of Postage.

                    https://legalbeagles.info/library/gu...ccess-request/

                    c) Send a CCA request, they have 12 days to provide a copy of the original agreement. Make sure you get Proof of Postage.

                    https://legalbeagles.info/library/gu...etter-example/

                    d) Send a CPR 31.14 request, they will provide all the documents they are relying on to make the claim against you, again get Proof of Postage.

                    https://legalbeagles.info/library/gu...-of-documents/

                    e) This is an example Defence, start looking at it, don't fill or file it yet.

                    https://legalbeagles.info/library/gu...-court-claims/


                    Don't speak to creditors, solicitors etc over the phone, everything in writing. Keep on top of this, especially dates for filing defence etc.

                    Comment


                    • #11
                      Ok thanks echat11 I will look at this over the week d.
                      I got an email response just now from claimants solicitor with the following. This was in response to the CCA request.

                      We are emailing in regards to your recent telephone conversation with one of our Litigation Executives.

                      We can confirm that we have referred the matter to our Client and will contact you again on receipt of a response.

                      In the meantime, the account will remain on hold and collection activity has been suspended.

                      Please be assured that you do not have to respond to the claim form until you have received the supporting documentation and then you will have 14 days to respond. However, please note that this will affect the amount of months you have to pay if you choose to go ahead with the concessionary agreement options.

                      Comment


                      • #12
                        Originally posted by Strikeout View Post
                        Ok thanks echat11 I will look at this over the week d.
                        I got an email response just now from claimants solicitor with the following. This was in response to the CCA request.

                        We are emailing in regards to your recent telephone conversation with one of our Litigation Executives.

                        We can confirm that we have referred the matter to our Client and will contact you again on receipt of a response.

                        In the meantime, the account will remain on hold and collection activity has been suspended.

                        Please be assured that you do not have to respond to the claim form until you have received the supporting documentation and then you will have 14 days to respond. However, please note that this will affect the amount of months you have to pay if you choose to go ahead with the concessionary agreement options.
                        O.K., so 'hold fire', wait until they comeback with a response to your CCA request. You've got it in writing, that they've put a 'hold' on the matter.

                        Once they do, update the thread.

                        Comment


                        • #13
                          Received a claim? Yes/No: yes and acknowledged it
                          Issue Date:
                          Have you Acknowledged the Claim?: yes
                          Total Amount Claimed : ( approximately please do NOT use EXACT figure given on the claim form, round up to next £100 or £1000) was £550Ē but with interest and court charges now £6500
                          Claimantís Name:Jc international acquisition llc
                          Solicitors Firm:moriarty law limited
                          Original Creditor:monument visa
                          Original Debt (eg. Credit card/Loan/Overdraft) :credit card
                          Particulars of Claim: ( Please type out in full excluding names/account numbers/exact amounts ): the defendant owes the claimant £5500 (debt) under a credit card agreement with monument visa dates 17/06/2004 and which was assigned to the claimant and notice of which was given defendant. Despite formal demands for payment of the debt the defendant has failed to pay and the claimant claims £5500 and also claims interest thereonpursuant to section 69 of the county court act 1984 limited to one year to the date hereof at the rate of 8% per annum amounting to £450
                          Is the debt Statute Barred (have you had any contact with the creditor or claimant over the last 6 years?):no however they claim a payment was made in June 2018. I am convinced this is not possible.
                          List any letters you have sent (eg: CCA/ CPR ): asked for cca and got an email to say case on hold
                          Any Other Information or Background Details: this debt must have been sold several times over the last 19 years.

                          Issue date is 12th October 2023 on claim form.

                          a) First Acknowledge the Claim, you can do this online, this will give you 28 days in total to work on your defence.

                          I have acknowledge claim
                          https://legalbeagles.info/library/gu...ledge-a-claim/

                          b) Send a SAR request, they have 30 days to provide all the data they hold on the account. Make sure you get Proof of Postage.

                          is this to claimant asking for details they have on me ?
                          https://legalbeagles.info/library/gu...ccess-request/

                          c) Send a CCA request, they have 12 days to provide a copy of the original agreement. Make sure you get Proof of Postage.
                          have asked solicitor verbally on phone and they said have sent to claimant and then sent me an email saying claim is on hold


                          https://legalbeagles.info/library/gu...etter-example/

                          d) Send a CPR 31.14 request, they will provide all the documents they are relying on to make the claim against you, again get Proof of Postage.

                          will do this shortly


                          https://legalbeagles.info/library/gu...-of-documents/

                          e) This is an example Defence, start looking at it, don't fill or file it yet.

                          https://legalbeagles.info/library/gu...-court-claims/

                          Comment


                          • #14
                            Just to check
                            Have you actually sent a S78 request (CCA) to moriarty law along with the £1. This is your legal protection.

                            I would lodge a defence within the timeframe even if they do not get back to you- lawyers have a habit of sneaking in a default judgement and I wouldnít trust this lot as far as you could chuck me

                            Finally are we really saying it started life as 550 and is now 5500? Was a default notice ever issued?

                            If the claimant are in the US are they registered with the FCA?

                            I will leave you back in these guys capable hands

                            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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