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No default, No pre action letter, now a County Court Claim Form

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  • No default, No pre action letter, now a County Court Claim Form

    Hi good people. I fell into financial trouble and i wasn't able to pay some of my debts. I have 3 debts with the same creditor and my 3 debts were sold.

    I received 2 pre action letters only but for the 3rd debt i never received the pre action letter.

    Few days ago i received a county court claim form on the 3rd debt which i never received the pre action letter.

    I have been keeping an eye on my debts on credit agencies and upon checking the 3rd debt on credit agencies i also noticed that the same debt was never registered as defaulted which i believe confirms that the pre action letter was never sent.

    ​​​​​​I am intending to defend this debt based on the fact that i never received the pre action letter and showing that it was never registered as default. How good is this argument?
    Tags: None

  • #2
    Fill in the following, copy and paste back on to this thread, without personal details:

    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)
    Claimant’s 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 Service of the Claim, you can do this online via MCOL, this will give you 28 days (plus 5 days postal) in total to work on your defence. It's best at this stage to defend the whole claim.

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

    b) Send a SAR request to all the original creditors, 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 to the creditor, they have 12 days to provide a copy of the original agreement. Make sure you get Proof of Postage. Remember service agreements aren't covered by the CCA 1974 Act.

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

    d) Send a CPR 31.14 request to their solicitors, they have 7 days to 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 with the Court or their solicitors 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. Workout when your Defence is due, 28 days from the date on the claim form. If you can post on the thread 5 days before it's due we can help with your Defence.

    Comment


    • #3
      Originally posted by echat11 View Post
      Fill in the following, copy and paste back on to this thread, without personal details:

      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)
      Claimant’s 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 Service of the Claim, you can do this online via MCOL, this will give you 28 days (plus 5 days postal) in total to work on your defence. It's best at this stage to defend the whole claim.

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

      b) Send a SAR request to all the original creditors, 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 to the creditor, they have 12 days to provide a copy of the original agreement. Make sure you get Proof of Postage. Remember service agreements aren't covered by the CCA 1974 Act.

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

      d) Send a CPR 31.14 request to their solicitors, they have 7 days to 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 with the Court or their solicitors 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. Workout when your Defence is due, 28 days from the date on the claim form. If you can post on the thread 5 days before it's due we can help with your Defence.
      Received a claim? Yes
      Issue Date: 29 August
      Have you Acknowledged the Claim?: No
      Total Amount Claimed : 2800
      Claimant’s Name: Creation Financial Services
      Solicitors Firm: Equivo Ltd
      Original Creditor: Sygma Bank
      Original Debt Credit card
      Particulars of Claim: The Defendant (D) held the accounts as listed below with the claimant (C)
      D failed to pay the sums due to C when demanded and the sums listed below remain outstanding Debt Balance £2800

      Is the debt Statute Barred: No. I have talked to the solicitor.
      I haven't sent any letters.

      Any other information or Background details: No pre action letter received from Equivo and on all credit agencies there is no default registered against this debt. Although Equivo claims to have sent the pre action letter i never received it. I think there was a mix up on their part. See I have 3 accounts with the claimant 2 are registered as defaulted and i received pre action letters for these 2. The debt we are talking about shows 5 late payments on my credit file, no default.

      Upon calling Equivo enquiring about the pre action letter they told me that if i dont enter into an agreement with them to clear the debt in 36 months they will put a notice charge on our house. I have 2 children, 1 under 16 and the other one is severely disabled. Joint ownership.

      Last edited by THEJONAS; 6th September 2024, 02:01:AM.

      Comment


      • #4
        Now you need to do a), b), c) and d). Once you get more information you will be better placed on how you want to proceed. Also try not to worry, they always say this and that.

        Comment


        • #5
          Originally posted by echat11 View Post
          Now you need to do a), b), c) and d). Once you get more information you will be better placed on how you want to proceed. Also try not to worry, they always say this and that.
          Ok thanks very much

          Comment


          • #6
            jokes on them for saying they can put a charge on the house without a ccj

            Comment


            • #7
              Originally posted by JK2054 View Post
              jokes on them for saying they can put a charge on the house without a ccj
              They said they will obtain a ccj

              Comment


              • #8
                Only if they issue a Court Summons, and they gain Judgement they have to prove that they issued a Default notice, against you, they cannot charge against both of you as the debt is yours only, and you also have the right to oppose the charge,

                Comment


                • #9
                  just fyi you can't defend a claim on the grounds that PAP was not comlied with. That's not a legal defence

                  Comment


                  • #10
                    Request for documents mentioned in a statement of case under CPR 31.14


                    To enable me to file my defence and/or counterclaim, I require inspection of documents you mention in your statement of case ahead of filing my defence on xx/xx/xxxx.?????????

                    Which date do i put on filing my defence?

                    Comment


                    • #11
                      Originally posted by THEJONAS View Post
                      Request for documents mentioned in a statement of case under CPR 31.14


                      To enable me to file my defence and/or counterclaim, I require inspection of documents you mention in your statement of case ahead of filing my defence on xx/xx/xxxx.?????????

                      Which date do i put on filing my defence?
                      Remove the following, 'on xx/xx/xxxx', so the sentence ends 'filing my defence.'

                      Comment


                      • #12
                        NB: ONLY LIST HERE DOCUMENTS THAT ARE MENTIONED IN THE PARTICULARS OF CLAIM ON THE FRONT OF THE CLAIM FORM – eg. IF THEY DON’T MENTION ‘ DEFAULT NOTICE’ YOU CANNOT ASK FOR IT UNDER CPR 31.14, IF THEY MENTION CONTRACT rather than AGREEMENT – ask for the CONTRACT…IF IN DOUBT TYPE OUT THE PARTICULARS OF CLAIM AND ASK ON THE FORUM.

                        Which documents should i put here. I have attached a claim form Particulars of Claim
                        Attached Files

                        Comment


                        • #13
                          Originally posted by THEJONAS View Post
                          NB: ONLY LIST HERE DOCUMENTS THAT ARE MENTIONED IN THE PARTICULARS OF CLAIM ON THE FRONT OF THE CLAIM FORM – eg. IF THEY DON’T MENTION ‘ DEFAULT NOTICE’ YOU CANNOT ASK FOR IT UNDER CPR 31.14, IF THEY MENTION CONTRACT rather than AGREEMENT – ask for the CONTRACT…IF IN DOUBT TYPE OUT THE PARTICULARS OF CLAIM AND ASK ON THE FORUM.

                          Which documents should i put here. I have attached a claim form Particulars of Claim
                          Well they haven't mentioned any documents, so ask for Agreements, Default Notices and Letters of Assignments.

                          Comment


                          • #14
                            ok so its account debts

                            so your cards are on the papers, just play the paper game

                            Comment


                            • #15
                              Originally posted by THEJONAS View Post
                              NB: ONLY LIST HERE DOCUMENTS THAT ARE MENTIONED IN THE PARTICULARS OF CLAIM ON THE FRONT OF THE CLAIM FORM – eg. IF THEY DON’T MENTION ‘ DEFAULT NOTICE’ YOU CANNOT ASK FOR IT UNDER CPR 31.14, IF THEY MENTION CONTRACT rather than AGREEMENT – ask for the CONTRACT…IF IN DOUBT TYPE OUT THE PARTICULARS OF CLAIM AND ASK ON THE FORUM.

                              Which documents should i put here. I have attached a claim form Particulars of Claim
                              So what will be the best defence in my circumstance. I have 5 days left

                              Comment

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                              SHORTCUTS


                              First Steps
                              Check dates
                              Income/Expenditure
                              Acknowledge Claim
                              CCA Request
                              CPR 31.14 Request
                              Subject Access Request Letter
                              Example Defence
                              Set Aside Application
                              Directions Questionnaire



                              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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