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Lowell v Redmen05

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  • Lowell v Redmen05

    hi please help me Iíve 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
    Tags: None

  • #2
    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.
    COMPLETING AN N180 DIRECTIONS QUESTIONNAIRE (SMALL CLAIMS TRACK) GUIDE

    My posts here are based on my experience of a variety of life events. I have no formal legal training & if in doubt take professional legal advice or contact CAB. If you follow anything I write here you do so at your own risk & I accept no liability for any loss, costs or other outcomes.

    Private messages are disabled as help is only offered publicly. I do not come on here in the evening, at weekends or on public holidays.

    Comment


    • #3
      Thank you Jaguarsuk. Iíve printed off the cca & cpr letters. You say mark the cheque cca 1974 statutory fee? On the back of cheque?

      Comment


      • #4
        Originally posted by Redmen05 View Post
        Thank you Jaguarsuk. Iíve 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.
        COMPLETING AN N180 DIRECTIONS QUESTIONNAIRE (SMALL CLAIMS TRACK) GUIDE

        My posts here are based on my experience of a variety of life events. I have no formal legal training & if in doubt take professional legal advice or contact CAB. If you follow anything I write here you do so at your own risk & I accept no liability for any loss, costs or other outcomes.

        Private messages are disabled as help is only offered publicly. I do not come on here in the evening, at weekends or on public holidays.

        Comment


        • #5
          Payee: Lovells?

          Comment


          • #6
            Originally posted by Redmen05 View Post
            Payee: Lovells?
            Yeah, whomever the claimant is.
            COMPLETING AN N180 DIRECTIONS QUESTIONNAIRE (SMALL CLAIMS TRACK) GUIDE

            My posts here are based on my experience of a variety of life events. I have no formal legal training & if in doubt take professional legal advice or contact CAB. If you follow anything I write here you do so at your own risk & I accept no liability for any loss, costs or other outcomes.

            Private messages are disabled as help is only offered publicly. I do not come on here in the evening, at weekends or on public holidays.

            Comment


            • #7
              Thank you

              Comment


              • #8
                Now that Iíve sent these letters. what shall I do next?

                Comment


                • #9
                  Originally posted by Redmen05 View Post
                  Now that Iíve sent these letters. what shall I do next?
                  Have you acknowledged service?
                  COMPLETING AN N180 DIRECTIONS QUESTIONNAIRE (SMALL CLAIMS TRACK) GUIDE

                  My posts here are based on my experience of a variety of life events. I have no formal legal training & if in doubt take professional legal advice or contact CAB. If you follow anything I write here you do so at your own risk & I accept no liability for any loss, costs or other outcomes.

                  Private messages are disabled as help is only offered publicly. I do not come on here in the evening, at weekends or on public holidays.

                  Comment


                  • #10
                    Yes I did that online. Sorry I should have said before

                    Comment


                    • #11
                      Originally posted by Redmen05 View Post
                      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.
                      COMPLETING AN N180 DIRECTIONS QUESTIONNAIRE (SMALL CLAIMS TRACK) GUIDE

                      My posts here are based on my experience of a variety of life events. I have no formal legal training & if in doubt take professional legal advice or contact CAB. If you follow anything I write here you do so at your own risk & I accept no liability for any loss, costs or other outcomes.

                      Private messages are disabled as help is only offered publicly. I do not come on here in the evening, at weekends or on public holidays.

                      Comment


                      • #12
                        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?

                        Comment


                        • #13
                          Originally posted by Redmen05 View Post
                          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.
                          COMPLETING AN N180 DIRECTIONS QUESTIONNAIRE (SMALL CLAIMS TRACK) GUIDE

                          My posts here are based on my experience of a variety of life events. I have no formal legal training & if in doubt take professional legal advice or contact CAB. If you follow anything I write here you do so at your own risk & I accept no liability for any loss, costs or other outcomes.

                          Private messages are disabled as help is only offered publicly. I do not come on here in the evening, at weekends or on public holidays.

                          Comment


                          • #14
                            Thank you JaguarsUk. So I guess itís a waiting game for now?
                            I wonder if they will reply to my requests.

                            Comment


                            • #15
                              Originally posted by Redmen05 View Post
                              Thank you JaguarsUk. So I guess itís 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.
                              COMPLETING AN N180 DIRECTIONS QUESTIONNAIRE (SMALL CLAIMS TRACK) GUIDE

                              My posts here are based on my experience of a variety of life events. I have no formal legal training & if in doubt take professional legal advice or contact CAB. If you follow anything I write here you do so at your own risk & I accept no liability for any loss, costs or other outcomes.

                              Private messages are disabled as help is only offered publicly. I do not come on here in the evening, at weekends or on public holidays.

                              Comment

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