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Hello I needed some help. Just received a claim for £10035 including fees. I have acknowledged the claim & will send the cca/cpr tomorrow. But I am unsure if this claim is valid as the credit card debt was from 2014/15 I defaulted & then the debt was sold to different companies. How can I find out if the time has run out for this claim? Thank you
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claim form makes it a valid claim, N1 court form is the claim up to you to find if enforceable , as it is recent take out? 2014/5?? give more details would help people to advise, and as it over £10,000 then not small claims, more real details needed here? -
Hi thereOriginally posted by Redmen05 View Post
Can you perhaps give us more details on the case. If the Claim is over 10k but it includes fees and interest then those fees may be discounted by the Court when allocating the Claim to a track, so you could fall into small claims, its possible at least.
Is there any ongoing dispute with the original creditor? Were any charges added to the account, have you requested a copy of your credit agreement under s78 Consumer Credit Act 1974, was a default notice served on you and did you keep a copy etc. There is a lot of questions that we would need answering.I work for Roach Pittis Solicitors. I give my free time available to helping other on the forum and would be happy to try and assist informally where needed. Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability.
If you need to contact me please email me on Pt@roachpittis.co.uk .
I have been involved in leading consumer credit and data protection cases including Harrison v Link Financial Limited (High Court), Grace v Blackhorse (Court of Appeal) and also Kotecha v Phoenix Recoveries (Court of Appeal) along with a number of other reported cases and often blog about all things consumer law orientated.
You can also follow my blog on consumer credit here.Comment
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Hi sorry I forgot to mention the details. The original debt is for £9527.12 then Hoist added £410 court fees £100 legal fees so now the claim is for £10037.12.
I don't have any paperwork regarding the debt but I think I took out the credit card in 2013 & defaulted in 2014 or early 2015 when I lost my job. I have sent the 2 letters with a £1 cheque today. I have acknowledged the claim does that give me 28 days automatically to file a defence or do I need to ask for more time from the courts? Thank youComment
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I received the following letter today from Solictors saying they are trying to get the documents listed in the particulars of the claim & are giving me 14 days extension?Comment
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“We acknowledge receipt of your letter dated 27-11-2020 made under CPR 31.14 for documents mentioned in our particulars of claim.
We are still in the process of retrieving the documents mentioned in our particulars of Claim and can confirm these will be furnished upon you once they are in our possession. Therefore please accept this letter as our agreement to a general extension of time. Once we have provided you with the documents requested we will grant you a further 14 days for you to respond to the claim form as you feel appropriate.
please not under the new GDPR you are not longer required by law to pay a £1.00 fee when formally requesting a copy of your credit agreement therefore please find enclosed your cheque for £1.00Comment
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Do I take it they started a claim without the paperwork needed? Do I still log on & defend the claim? Please help!!!Comment
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Yes they have started a claim without the paperwork needed.
I would submit the defence ASAP and ignore their so called defence extension which does not quote the correct CPR 15.5 and does not ensure the court is aware of said extension which could put you at risk of a default judgment.
This is our template defence link LegalBeagles
Also, they don't know the difference between the £10 GDPR (DPA) subject access fee and the £1 CCA fee - very different and that £1 fee should still be paid."Although scalar fields are Lorentz scalars, they may transform nontrivially under other symmetries, such as flavour or isospin. For example, the pion is invariant under the restricted Lorentz group, but is an isospin triplet (meaning it transforms like a three component vector under the SU(2) isospin symmetry). Furthermore, it picks up a negative phase under parity inversion, so it transforms nontrivially under the full Lorentz group; such particles are called pseudoscalar rather than scalar. Most mesons are pseudoscalar particles." (finally explained to a captivated Celestine by Professor Brian Cox on Wednesday 27th June 2012
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I am proud to have co-founded LegalBeagles in 2007
If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page
If you wish to book an appointment with me to discuss your credit agreement, please email kate@legalbeaglesgroup. comComment
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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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