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County Court Claim received Lowells help please

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  • Dazzle1969
    replied
    Originally posted by MIKE770 View Post
    credit cards under section 78(4) whenever you refer to credit card CCA
    Thanks Mike so in defence i put 78 and 78.1 and 78.6 is that correct? Thanks again

    Leave a comment:


  • MIKE770
    replied
    credit cards under section 78(4) whenever you refer to credit card CCA

    Leave a comment:


  • Dazzle1969
    replied
    MIKE770 do i leave section 77 and 78 in the defence or take 1 out. Not sure what credit cards fall under. Thanks sorry to be a pain

    Leave a comment:


  • Dazzle1969
    replied
    Originally posted by MIKE770 View Post
    yes if you are sure any statement not true!
    Sorry what does that mean. I dont understand? Thanks

    Leave a comment:


  • MIKE770
    replied
    yes if you are sure any statement not true!

    Leave a comment:


  • Dazzle1969
    replied
    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

    Leave a comment:


  • MIKE770
    replied
    court system would kick in and fresh instructions would be sent to you!

    Leave a comment:


  • Dazzle1969
    replied
    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?

    Leave a comment:


  • MIKE770
    replied
    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.

    Leave a comment:


  • Dazzle1969
    replied
    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

    Leave a comment:


  • Dazzle1969
    replied
    Thanks MIKE770 appreciate that

    Leave a comment:


  • MIKE770
    replied
    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.

    Leave a comment:


  • echat11
    replied
    MIKE770

    Leave a comment:


  • Dazzle1969
    replied
    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.

    Leave a comment:


  • Dazzle1969
    replied
    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

    Leave a 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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