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County Court Claim received Lowells help please

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  • #16
    in check date item above click and put in date of issue ob court form follow instructions from there gives deadline, do not miss any deadlines as fatal if you do!

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    • #17
      Thanks Mike appreciate your help. Are these the only 2 things i need to send and do i put date i need to submit defence as 28 days sfter service which was 25/6/21

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      • #18
        yes

        failure of you getting in time (the norm with them) a defence would read on such a date a request for xxxx made no response etc

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        • #19
          Originally posted by MIKE770 View Post
          yes

          failure of you getting in time (the norm with them) a defence would read on such a date a request for xxxx made no response etc
          Brilliant top man I'll let you know if i get a response and maybe ask for more help for a defence if need be. Thanks again

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          • #20
            Originally posted by MIKE770 View Post
            yes

            failure of you getting in time (the norm with them) a defence would read on such a date a request for xxxx made no response etc
            Hi Mike I have today recieved a reply from Overdales solicitors saying

            We have requested the documents relating to your account which will be forwarded ro you upon reciept.

            In the meantime the claim remains outstanoutstanding and you should respond as you deem appropriate as per the instructions set out by the court. Failure to do so could result in ccj in default entered against you.

            Any advice do they need to comply with the request by 23rd of july which is the date for me to file a defence.

            Any help appreciated MIKE770
            Last edited by Dazzle1969; 13th July 2021, 16:03:PM.

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            • #21
              MIKE770

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              • #22
                what is outstanding amend draft defence to state:- a CCA request was made - to-date no response to request.
                also say CPR 31.14 outstanding you state again on such a date requested same . etc

                on such a date a request for:-


                ​​​​​​ Example Defence submit on line few days before deadline updated.

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                • #23
                  Thanks MIKE770 appreciate that

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                  • #24
                    Originally posted by MIKE770 View Post
                    what is outstanding amend draft defence to state:- a CCA request was made - to-date no response to request.
                    also say CPR 31.14 outstanding you state again on such a date requested same . etc

                    on such a date a request for:-


                    ​​​​​​ Example Defence submit on line few days before deadline updated.
                    Hi MIKE770 once i complete and send this tomorrow if no response from Lowells should the court stop the case. Whats the process. Thanks again for all your help

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                    • #25
                      once your defence is in they have 28 days to respond - failing which the case gets "Stayed (parked up) " until if ever they pay to un-stay it and continue, mant / many never go any further but up to claimant to decide.

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                      • #26
                        Originally posted by MIKE770 View Post
                        once your defence is in they have 28 days to respond - failing which the case gets "Stayed (parked up) " until if ever they pay to un-stay it and continue, mant / many never go any further but up to claimant to decide.
                        Brilliant thanks. So if it gets stayed do they have to write to me again with another court letter if they wish to proceed or can they just proceed?

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                        • #27
                          court system would kick in and fresh instructions would be sent to you!

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                          • #28
                            Originally posted by MIKE770 View Post
                            what is outstanding amend draft defence to state:- a CCA request was made - to-date no response to request.
                            also say CPR 31.14 outstanding you state again on such a date requested same . etc

                            on such a date a request for:-


                            ​​​​​​ Example Defence submit on line few days before deadline updated.
                            MIKE770 i am completing the draft defence that you supllied if i do not believe the debt is statue barred do i remove point 7 and move the other number up. Sorry first time ive done this and it needs to be in today really. Thanks in advance

                            Comment


                            • #29
                              yes if you are sure any statement not true!

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                              • #30
                                Originally posted by MIKE770 View Post
                                yes if you are sure any statement not true!
                                Sorry what does that mean. I dont understand? Thanks

                                Comment

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                                SHORTCUTS

                                Pre-Action Letters
                                First Steps
                                Check dates
                                Income/Expenditure
                                Acknowledge Claim
                                CCA Request
                                CPR 31.14 Request
                                Subject Access Request Letter
                                Example Defence
                                Set Aside Application
                                Witness Statements
                                Directions Questionnaire
                                Statute Barred Letter



                                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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                                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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