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Warning letter before Court Action

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  • #31
    Originally posted by peterpiper View Post

    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












    Comment


    • #32
      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

      Comment


      • #33
        Originally posted by MIKE770 View Post
        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

        Comment


        • #34
          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

          Comment


          • #35
            Directions Questionnaire

            Comment


            • #36
              Originally posted by MIKE770 View Post
              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

              Comment


              • #37
                thats later in witness statement!

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

                Comment


                • #38
                  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

                  Comment


                  • #39
                    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.
                    Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

                    Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

                    Comment


                    • #40
                      [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

                      Comment


                      • #41
                        Why is the claimant required to pay a fee ?

                        Comment


                        • #42

                          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

                          Comment

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                          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 ...
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