Lowell v Redmen05

[Redmen05]

hi please help me I’ve received a county court form.
Its for a credit card I took out in 2012 but defaulted in 2015.
Im going to acknowledge the claim today but then what do I do?
please help me someone. Not sleeping well

[jaguarsuk]

Use the First Steps guide.

Send the claimant a section 78 CCA Request with £1 postal order or cheque marked "CCA 1974 STATUTORY FEE ONLY."

Send a CPR 31.14 Request to the address on the form asking for copies of "the Agreement" and "Written notice given to the defendant" of assignment.

Send a Subject Access Request Letter to Tesco asking for copies of the agreement, default notice, notice of assignment, full history of the account and any other information they hold of you.

[Redmen05]

Thank you Jaguarsuk. I’ve printed off the cca & cpr letters. You say mark the cheque cca 1974 statutory fee? On the back of cheque?

[jaguarsuk]

Thank you Jaguarsuk. I’ve printed off the cca & cpr letters. You say mark the cheque cca 1974 statutory fee? On the back of cheque?

No across the front at the top, take copy or photo of it. Needs to be very clear what it's for and that it is not a payment towards the debt.

[Redmen05]

Payee: Lovells?

[jaguarsuk]

Payee: Lovells?

Yeah, whomever the claimant is.

[Redmen05]

Thank you

[Redmen05]

Now that I’ve sent these letters. what shall I do next?

[jaguarsuk]

Now that I’ve sent these letters. what shall I do next?

Have you acknowledged service?

[Redmen05]

Yes I did that online. Sorry I should have said before

[jaguarsuk]

Yes I did that online. Sorry I should have said before

Good, all you can do now then is await responses to your letters. If you haven't had anything, they say they don't have them and they'll get them with "the account being put on hold" or they refuse to comply around a week before your defence deadline get your defence typed out using the Example Defence .

Your defence deadline is 4pm on Monday 29th October 2018.

[Redmen05]

Thank you for helping me much appreciated.
Just to confirm dates.
Court papers issued 26-9-18
I acknowledged on line 1-10-18
deadline for filling defence 29-10-18?

[jaguarsuk]

Thank you for helping me much appreciated.
Just to confirm dates.
Court papers issued 26-9-18
I acknowledged on line 1-10-18
deadline for filling defence 29-10-18?

Correct. You have 28 days plus 5 days for service totalling 33 days from the date of issue (date on the form) to file a defence when service is acknowledged.

Had you not acknowledged it would have been 14 plus 5.

Everything is by 4pm as that's what time the courts close and had it fallen on a weekend or bank holiday the deadline would have moved to the next working day.

[Redmen05]

Thank you JaguarsUk. So I guess it’s a waiting game for now?
I wonder if they will reply to my requests.

[jaguarsuk]

Thank you JaguarsUk. So I guess it’s a waiting game for now?
I wonder if they will reply to my requests.

If they have them they'll reply with them and if not usually they'll write to advise receipt of the letter, that they don't have the documents and they'll source them from the original lender. It is just a waiting game now.