Warning letter before Court Action

[peterpiper]

Will do.
I will, of course, keep you updated

As mentioned in a previous post, here is an update since the last time we communicated.

I have today received the following response to my letter dated 21/12/2021 as per our posts.
I have still not received the information requested in my letter.

Their letter, received today is as follows:

Start Quote:

On 18 November 2021 a County Court Claim was issued against you.
We have since received a copy of your response to the claim from the court.
The purpose of this letter is to inform you that our client intends to proceed with
the matter notwithstanding your reasons for disputing the claim.

Our client is confident that the court will find in their favour should the matter proceed
to a court hearing. If our client's claim is successful at such a hearing, then it is likely
that a County Court Judgement may be entered against you. You may also be liable
to pay our client's costs in addition to the sums already claimed

WHAT TO DO NEXT
Our client would hope that this would not be necessary and is prepared to give you until
3 February 2022 to pay the claim in full. Alternatively, if you are not able to pay the claim
in one lump sum, our client is willing to accept the balance due by way of instalments.
Therefore, it is important that you contact us before 3 February 2022 to setup an affordable
repayment arrangement.

End Quote:

Their letter then continues to detail ways of how-to setup up a payment plan etc.

Can you please advise or clarify their above response and suggest the next step forward.
Thank you

[MIKE770]

usual response hoping you cave in (full of lies all cases are different) they should put 50/50 as at this time nothing definite.

sit on it, await formal letter before action (5-6) pages, if they are serious.

Pre-Action Letters for info

[peterpiper]

usual response hoping you cave in (full of lies all cases are different) they should put 50/50 as at this time nothing definite.

sit on it, await formal letter before action (5-6) pages, if they are serious.

Pre-Action Letters for info

Appreciate your prompt reply Mike.
A reassuring response
Will sit on it

[peterpiper]

Here is a further update to this case.
That case was stayed on the xx/xx/xxxx but lifted on the xx/xx/xxxx
The court has sent out an Allocation Questionnaire to both parties
Can you please offer advise on how best to complete the questionnaire
I have still not received documentation requested in the letter sent to
them as discussed in a previous post
Is this normal behaviour to lift the case from a status of stayed ?
Thank you

[MIKE770]

Directions Questionnaire

[peterpiper]

Directions Questionnaire

Hi Mike
Fairly straightforward. Will proceed as the link suggests.
But no provision for highlighting the non receipt of my request for a detailed breakdown of money claimed by the Claimant,
the Original Agreement itself, SAR request and details of debt assignment. Or does this request have no further importance ?

Thank you

[MIKE770]

thats later in witness statement!

DSAR request aster 30+ days complaint to the ICO (on line)

[peterpiper]

Hi Mike.
Here to give you an update.
Have a hearing "Notice of Allocation to Small Claims Track" in just over a month.
I will prepare a list of items I plan to discuss a the hearing and will forward them to court and to claimant.
Do you have any suggestions on what else I might add, discuss or put forward in my defense?

Just noticed a paragraph that says Unless Claimant does by xx xx xxxx pay to the court the Trial fee of 59 or file properly completed application ..... then the claim will be struck out with effect form the xx xx xxxx.
What does this mean exactly or could you please explain ? It goes on to say the Trial fee is fee 2.1 in the current Civil Fees Orders.
I await any further help or guidance you can provide
Thank you for your help

[atticus]

Are you the claimant? If so, you must pay the specified fee by the specified date. If you do not, then the case is struck out. It will have ceased to be. Until, that is, the claimant applies for relief from sanctions and for the case to be reinstated.

So if you are the claimant, pay the fee on time.

If you are not the claimant, 'phone the court the day after the payment is due, to ascertain if the fee has been paid. If it has not, ask the Court to issue confirmation that the case is struck out.

[peterpiper]

[QUOTE=atticus;n1620908]Are you the claimant? If so, you must pay the specified fee by the specified date. If you do not, then the case is struck out. It will have ceased to be. Until, that is, the claimant applies for relief from sanctions and for the case to be reinstated.

So if you are the claimant, pay the fee on time.

If you are not the claimant, 'phone the court the day after the payment is due, to ascertain if the fee has been paid. If it has not, ask the Court to issue confirmation that the case is struck out.[/QUOTE



Oh my God. I thought I was the defendant. I am going to defend my self. I am not claiming anything other than to defend the claim. All documents (to and fro) show me as the defendant. The deadline was the 15/07/2022

[peterpiper]

Why is the claimant required to pay a fee ?

[peterpiper]

Hello Mike
In reference to the above, we have today received the claimants bundle which contains the agreement which does not contain my signature. The bundles include statements and charges. During the course of the agreement the credit limit was raised (double) without any formal consent. Most of the charges were applied during periods of of lockdown.
Can you please offer some guidance on how to prepare my bundle and defense and what to look out for.
This hearing referred to as the Final Hearing
Thank you