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acknowledgement of service help

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  • acknowledgement of service help

    Hi guys, excuse me being a newbie and asking for help - I recently recieved a county court claim form and wish to dispute, i have done some research on this site and have found the first steps to take - Acknowledging the service and sending CCA request, but in the online form it asks if i intend to contest jurisdiction.. do I tick this box ? I already ticked 'I wish to defend all of this claim', im not exactly sure what they mean by this

    Tags: None

  • #2
    if issued England/wales and you live there -NO live in Scotland and issued in England/wales then -YES

    Comment


    • #3
      Thanks Mike

      Just putting more details here for any future reference

      Received a claim? Yes/No: YES
      Issue Date: 17/3/2021
      Have you Acknowledged the Claim?: Just about to, yes
      Total Amount Claimed : £400
      Claimant’s Name: Merligen Investments LTS
      Solicitors Firm: Moriarty Law
      Original Creditor: OMNI Capital Retail Finance LTD
      Original Debt (eg. Credit card/Loan/Overdraft) : Finance Purchase
      Particulars of Claim;

      THE DEFENDANT OWES THE CLAIMANT £*** UNDER A REGULATED AGREEMENT WITH OMNI CAPITAL RETAIL FINANCE LTD DATED *** AND WHICH WAS ASSIGNED TO THE CLAIMANT ON *** AND NOTICE OF WHICH WAS GIVEN TO THE DEFENDANT ON *** (DEBT) DESPITE FORMAL DEMAND FOR PAYMENT OF THE DEBT THE DEFENDANT HAS FAILED TO PAY AND THE CLAIMANT CLAIMS £**** AND FURTHER CLAIMS INTEREST THEREON PERSUANT TO SECTION 69 OF THE COUNTY COURT ACT 1984 LIMITED TO ONE YEAR TO THE DATE HEREOF AT THE RATE OF 0.22% PER ANNUM AMOUNTING TO £0.67

      Is the debt Statute Barred (have you had any contact with the creditor or claimant over the last 6 years?): Not statute barred
      List any letters you have sent (eg: CCA/ CPR ): None as of yet


      Comment


      • #4
        CCA Request send £1.00 postal order get proof of posting

        CPR 31.14 Request no cost just ask for items mentioned in summons only at this stage = no charge get proof posting keep copies of all on file,


        Comment


        • #5
          Appreciate that Mike, going to get them both written up today - Thanks

          Comment


          • #6
            Hi again, just filling out the CPR template could you please advise what date would go here ?

            "To enable me to file my defence and/or counterclaim, I require inspection of the agreement you mention in your statement of case ahead of filing my defence onxx/xx/xxxx."

            will this be 12 days from now ?


            Comment


            • #7
              all i would state is amend entry in defence that:- on such a date CPR31.14 requested to date not received also CCA request, submit defence on line 48 hours to deadline that stops them rubbishing your initial defence by them scourging quicker


              do not help them bu giving time limits they know the rules, never be kind to these cretins

              Comment


              • #8
                Thanks Mike, so for the form i would just put

                "To enable me to file my defence and/or counterclaim, I require inspection of the agreement you mention in your statement of case ahead of filing my defence" ?

                Could you please confirm my deadline, Issue date is 17 March 2021, i understand it's 28 days from then but have seen people mention 33 days which has confused me , 14th or 19th April?

                When i click on start defence on the MCOL, do i have to enter my defense there and then ? Or can i keep amending it throughout? I don't want to click it and have to do a write up straight away

                thanks



                Comment


                • #9
                  Check dates

                  all i would state is amend entry in defence that:- on such a date CPR31.14 requested to date not received also CCA request, submit defence on line 48 hours to deadline that stops them rubbishing your initial defence by them scourging quicker.

                  do not state you require as you do not want to assist them in their efforts to find the document,
                  ​​​​​​​

                  Comment


                  • #10
                    defence 2 days before please read postings above

                    Comment


                    • #11
                      Appreciate the link Mike but im capable of adding and subtracting what im saying is the MCOL states 28 days but advise from people on here in other threads say 33 days allowing for post etc

                      Comment


                      • #12
                        Originally posted by RawFabsUK View Post
                        Appreciate the link Mike but im capable of adding and subtracting what im saying is the MCOL states 28 days but advise from people on here in other threads say 33 days allowing for post etc
                        your statement they say this /that so link tells you actual, good luck i am off

                        Comment


                        • #13
                          Originally posted by MIKE770 View Post

                          your statement they say this /that so link tells you actual, good luck i am off
                          Thanks for your help, please forgive me for asking questions which to you may seem very simply answered, but i have never had to do anything like this before hence why my helpless self is here, i'm an 'on the tools' person, so when you say

                          Originally posted by MIKE770 View Post

                          amend entry in defence that:- on such a date CPR31.14 requested to date not received also CCA request
                          I have no idea what you mean

                          Comment


                          • #14
                            The time to respond is the lesser of 28 days from date of acknowledgment or 33 days from the date of issue.

                            Nobody says 33 days allowing for post. Actually read and comprehend what the form is saying.

                            If you have requested documents form the other side and they have not supplied then say so in your defence. Simples.

                            Comment


                            • #15
                              alright boss

                              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.




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