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

[THEJONAS]

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?

[echat11]

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.

[THEJONAS]

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.

[echat11]

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.

[THEJONAS]

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

[JK2054]

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

[THEJONAS]

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

They said they will obtain a ccj

[DE DOGS]

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,

[JK2054]

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

[THEJONAS]

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?

[echat11]

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.'

[THEJONAS]

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

[echat11]

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.

[JK2054]

ok so its account debts

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