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Good morning, I received a letter from Overdales yesterday (dated 20th October on the letter), warning me of 30 days to avoid CCJ claim. They claim I owe around £9000 for a Loan with a Bank from 4 years ago. I assume I tick box D (I dispute the debt), and I write in the box asking for more information and for them to provide the original Credit agreement, and send via recorded delivery mail, is this correct? I also will write to the Bank of the original Loan agreement and request a SAR? Thanks in advance for any advice!
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Hi NOKIAMATRIX
Welcome to LB
Fill in and copy and paste back 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) Send a SAR request to the original creditor, they have 30 days to provide all the data on the account, make sure you get Proof of Postage.
https://legalbeagles.info/library/gu...ccess-request/
b) Send the solicitors a CPR 31.14 request, they have 7 days to provide the requested documentation. Ask for a copy of agreement, Notice of Assignment and Default Notice. Make sure you get Proof of Postage.
https://legalbeagles.info/library/gu...-of-documents/
c) Send a CCA request to the Creditor, they have 12 days to provide a copy of the agreement. Make sure you get Proof of Postage.
https://legalbeagles.info/library/gu...etter-example/
d) The following is an example Defence just have a look at it, don't lodge it with the Court yet -
https://legalbeagles.info/library/gu...-court-claims/
After you've acknowledged service of the claim, you have 28 days in total from the date on the claim form to file you Defence with the Court (plus 5 days postal). Post an update of what you've received from your requests, with 5 days left so we can help with your Defence.
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