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Please can you advise I have recieved a claim form from Civil national business centre the claimant cabot then docs and payments to mortimer Clarke for a jD Williams account in 2021 does this mean a ccj has been registered I didn't receive anything telling me there would be court proceedings.... who do I get in touch with cabot or mortimer Clarke to sort out can I stop the ccj being registered?
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can you uopload a picture of trhe document you received please? and no if you have a claim form you dont have a CCJ yet. -
I have taken out personal detailsAttached FilesComment
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ok so that's a claim form not a CCJ. You now have to proceed to defend the claim form. Have you submitted your AOS? It's also a good idea to submit a CPR 31.14 requestComment
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I haven't done anything yet I didn't know if I could just ring them and try to sort it?Comment
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a) First Acknowledge 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.
https://legalbeagles.info/library/gu...ledge-a-claim/
b) Send a SAR request to JD Williams, 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 Cabot they have 12 days to provide a copy of the original agreement. Make sure you get Proof of Postage. - You've done this.
https://legalbeagles.info/library/gu...etter-example/
d) Send a CPR 31.14 request to Mortimer Clarke they have 7 days to provide all the documents they are relying on to make the claim against you, again get Proof of Postage. - You've done this.
https://legalbeagles.info/library/gu...-of-documents/
e) This is an example Defence, start looking at it, don't do anything else with it at the moment.
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 4 days before it's due we can help with your Defence.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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