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  • Please help

    I received a county court claim form from Northampton. Its for a shop direct debt for £500 from October 16. They passed the debt to Lowell who’s acting solicitor is Cohen Cramer. I received the letter on 13/12/18 although it was dated 30th November. I have acknowledged my intentions to defend the claim on 13th which was received on 14/12/18.
    I have completed a CCA and a CPR however I am
    concerned as the CCA request gives Lowell 12 working days however i need to submit my defence in 2 weeks! Plus its the Christmas period so im confused with all the bamk holidays. Can anyone please advise?
    Tags: None

  • #2
    basically you state a request was made on such a date (if not received) then state request outstanding.

    same with CPR31.14 ( same here you will no doubt not get the paperwork in time for defence to state outstanding request = as far as CPR31.14 they do not have to at this stage but later on if outstanding and they continue with the case the court orders them to> Read threads and you will see how things seem to pan out

    Comment


    • #3
      Thank you for your response. Will I have to defend my claim within 28 days from the date the claim
      was issued? Do you think it will make a difference if the request is still outstanding?
      Thanks again

      Comment


      • #4
        Example Defence
        Check dates check the date it has to be in by, send thru MCOL the day before if a weekend then by 4 pm on the next Monday

        Comment


        • #5
          could give us more detail i.e. last payment/default date last acknowledged when taken out with whom>

          Comment


          • #6
            Its not a debt I recognise. All I know is it states on the statement of particulars that the debt was legally assigned on 23/09/16 and that a notice has been given.

            Comment


            • #7
              Further to this I have now received a letter of change of solicitors from Cohen Cramer to Lowell Solicitors. They have sent me the credit agreement, statement and notice of assignment also the default notice. They state on the bottom that i can put forward a reasonable offer to avoid this going further. They will consider a reasonable payment proposal. Can anyone please adivse? Also will they do this without a CCJ?

              Comment


              • #8
                Its a littlewoods account, opened in November 2014. Last payment made was June 2016 and it was sold to lowell in September 2016.

                Comment


                • #9
                  Do you recognise the debt now they have provided documents ?
                  #staysafestayhome

                  Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                  Received a Court Claim? Read >>>>> First Steps

                  Comment


                  • #10
                    Yes unfortunately

                    Comment


                    • #11
                      Okay, have you heard anything further from the court? Have the Claimant's responded to say they are intending to proceed with the claim following your defence ?

                      If it looks like the debt is valid and they've provided the information the best bet is to contact the claimant and see if you can arrange installment payments or a full and final ( reduced ) settlement out of court without having the claim go to a Judgment ( sometimes they will do it under a 'Consent' or 'Tomlin order which basically puts the case on hold in the court system while you make payments, so you have no CCJ against you, but if you renege on the agreement they can go back to court and obtain judgment then )
                      #staysafestayhome

                      Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                      Received a Court Claim? Read >>>>> First Steps

                      Comment


                      • #12
                        Thank you so much for your reply and your help.
                        The Court has sent me a Directions Questionnaire which needs to be returned by 27th which I also dont really understand. The Claimants have sent the info I requested and have offered a reasonable repayment plan either in full or in instalments to avoid further legal costs but it doesn’t tell me their intentions.

                        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.
                        2 of 2 < >

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