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Hi,
Could anyone offer me some clarity and advice on the following sequence of events in relation to an attempted court claim ref Kearns Solictiors:-
i will try and basic point on the timeline to keep things easy.
- CCA request sent 30th January (no corresponence ever recieved until 5th Nov)
- beginning of September I recieved claims paperwork from Northampton court
- subsequently i defended the claim on the basis of no CCA and not recognising the debt etc
- letter rec'd from the court 18th September, ackniwledging receipt of defence, stating they had served a copy to the claimant and that the claimant needed to contact the court within 28 days of recieveing a copy of defence. After the period elapsed (*now weeks over that date) the claim would be stayed and the only action the claimant cab take will be to apply to a judge for an order lifting the stay.
- Nothing else happens until the 5th November where I receive a letter from the claimant apologising for the delayed reponse and have now gathered the relevant documents.
- the following documents enclosed (copy of notices of assignment, T&Cs, Default notice, account statements
- The CCA provided for Barclaycard although does show my name and address, DOES NOT show the date of agreement, any credit limit (just loose terms "we set your limit according to circumstances") and APR is also "we charge different rates on different balances"
- I would like to note the claimant have stated in their letter that there are several options available and they would like to speak with me to bring the matter to an amicable conclusion. If they dont hear they will consider whether or not to proceed with the claim at the Civil National Business Centre.
in light of the above, what do you think is the best course of action?
many thanks,
Could anyone offer me some clarity and advice on the following sequence of events in relation to an attempted court claim ref Kearns Solictiors:-
i will try and basic point on the timeline to keep things easy.
- CCA request sent 30th January (no corresponence ever recieved until 5th Nov)
- beginning of September I recieved claims paperwork from Northampton court
- subsequently i defended the claim on the basis of no CCA and not recognising the debt etc
- letter rec'd from the court 18th September, ackniwledging receipt of defence, stating they had served a copy to the claimant and that the claimant needed to contact the court within 28 days of recieveing a copy of defence. After the period elapsed (*now weeks over that date) the claim would be stayed and the only action the claimant cab take will be to apply to a judge for an order lifting the stay.
- Nothing else happens until the 5th November where I receive a letter from the claimant apologising for the delayed reponse and have now gathered the relevant documents.
- the following documents enclosed (copy of notices of assignment, T&Cs, Default notice, account statements
- The CCA provided for Barclaycard although does show my name and address, DOES NOT show the date of agreement, any credit limit (just loose terms "we set your limit according to circumstances") and APR is also "we charge different rates on different balances"
- I would like to note the claimant have stated in their letter that there are several options available and they would like to speak with me to bring the matter to an amicable conclusion. If they dont hear they will consider whether or not to proceed with the claim at the Civil National Business Centre.
in light of the above, what do you think is the best course of action?
many thanks,
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