Warning letter before Court Action

[peterpiper]

Received a CC Claim, Northampton. I never received a warning letter of intended proceedings. In fact never received a letter of any description
Can I state this in my defence. I will admit a partial liability which comes to roughly 50% of the claim

[MIKE770]

Admit any amount and you get ccj. What is it all about

[MIKE770]

Letter before action not received??

[peterpiper]

Letter before action not received??

I can confirm, no letter before action

[MIKE770]

ok so what is the claim about?

[efpom]

Post up the particulars of claim.

[peterpiper]

Post up the particulars of claim.

Claim is for £560.00. which includes charges. The principle was for c/c
amount of £250.00. Charges, interest and late payments £310.00.
Did not receive LBA. No list of charges other than what I have assumed.
Willing to pay the £250 over a period. Unable to do so previously because
of lockdown. How do I respond to claim ? Can I admit part of the claim ?
Await your response
Apologies for delay in replying
PS
This is an assigned debt

[echat11]

Are you able to claim the charges plus interest back under 'Hardship', i.e. unemployed, health conditions, any other 'vulnerable' circumstances etc.

a) First Acknowledge the Claim, you can do this online, this will give you 28 days in total to work on your defence.

https://legalbeagles.info/library/gu...ledge-a-claim/

b) Send the creditor a SAR request, they have 30 days to provide all the data they hold on the account. Make sure you get Proof of Postage.

https://legalbeagles.info/library/gu...ccess-request/

c) Send the solicitor a CCA request, they have 14 days to provide a copy of the original agreement. Make sure you get Proof of Postage.

https://legalbeagles.info/library/gu...etter-example/

d) Send the solicitor a CPR 31.14 request, again get Proof of Postage.

https://legalbeagles.info/library/gu...-of-documents/

[peterpiper]

Are you able to claim the charges plus interest back under 'Hardship', i.e. unemployed, health conditions, any other 'vulnerable' circumstances etc.

a) First Acknowledge the Claim, you can do this online, this will give you 28 days in total to work on your defence.

https://legalbeagles.info/library/gu...ledge-a-claim/

b) Send the creditor a SAR request, they have 30 days to provide all the data they hold on the account. Make sure you get Proof of Postage.

https://legalbeagles.info/library/gu...ccess-request/

c) Send the solicitor a CCA request, they have 14 days to provide a copy of the original agreement. Make sure you get Proof of Postage.

https://legalbeagles.info/library/gu...etter-example/

d) Send the solicitor a CPR 31.14 request, again get Proof of Postage.

https://legalbeagles.info/library/gu...-of-documents/

Thank you Echat
I note that if I use MoneyClaim online (New), I can request only 14 days of extra time
and not 28 days if by post. What would you suggest ? My subsequent request
for documents from the creditor(s) might not arrive in time, especially in this
period, Christmas etc.
By the way MoneyClaim online (Old) link doesn't work anymore

[echat11]

a) I note that if I use MoneyClaim online (New), I can request only 14 days of extra time and not 28 days if by post. What would you suggest ?

You get 14 days from the date on the claim form you received. You will get a further 14 days once you Acknowledge the claim, that gives you a total of 28 days. (you get an extra 5 days for postage etc.)

b) My subsequent request for documents from the creditor(s) might not arrive in time, especially in this period, Christmas etc.

That's not an issue because that will be reflected in your Defence to the court.

c) By the way MoneyClaim online (Old) link doesn't work anymore

Good to know.


You need to make sure you are aware of the date that your Defence has to be filed by - it can be emailed to the court.

[peterpiper]

a) I note that if I use MoneyClaim online (New), I can request only 14 days of extra time and not 28 days if by post. What would you suggest ?

You get 14 days from the date on the claim form you received. You will get a further 14 days once you Acknowledge the claim, that gives you a total of 28 days. (you get an extra 5 days for postage etc.)

b) My subsequent request for documents from the creditor(s) might not arrive in time, especially in this period, Christmas etc.

That's not an issue because that will be reflected in your Defence to the court.

c) By the way MoneyClaim online (Old) link doesn't work anymore

Good to know.


You need to make sure you are aware of the date that your Defence has to be filed by - it can be emailed to the court.

Brilliant
Have just submitted acknowledgment of the claim. Have the gateway ID and status PDF.
All I have to do now is file the defence. May I send it to you so you can assess if it looks OK.
Content will include the non LBA. Request for signed agreement. Request for breakdown
of charges, interest etc. Application of charges during a year of lockdown. By the way the
address is not the same as the Claim. Letter was forwarded to new address
NB
I am willing to pay the the principal. How should I express this if indeed I need to ?

[echat11]

Brilliant
Have just submitted acknowledgment of the claim. Have the gateway ID and status PDF.
All I have to do now is file the defence. May I send it to you so you can assess if it looks OK.
Content will include the non LBA. Request for signed agreement. Request for breakdown
of charges, interest etc. Application of charges during a year of lockdown. By the way the
address is not the same as the Claim. Letter was forwarded to new address
NB
I am willing to pay the the principal. How should I express this if indeed I need to ?

The best thing to do is hold off actually filing the Defence, because they may send reevant information
that you can use. What you can do is work on your Defence, so any relevant information just has to be
added to the Defence.

https://legalbeagles.info/library/gu...-court-claims/

[MIKE770]

file defence few days before deadline stops them trashing defences or trying to.

[echat11]

file defence few days before deadline stops them trashing defences or trying to.

Good point.

[peterpiper]

The best thing to do is hold off actually filing the Defence, because they may send reevant information
that you can use. What you can do is work on your Defence, so any relevant information just has to be
added to the Defence.

https://legalbeagles.info/library/gu...-court-claims/

Is the content of my defence, as indicated above, suitable and sufficient ?
What about my mention of offering to pay the principal or should I skip that ?