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HELP PLEASE WITH COUNTY COURT CLAIM - lantern dedt recovery/moriarty law ltd

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  • #46
    Originally posted by marbec View Post
    Okay i have received some of the documents that was requested not all of them but they've provided the original credit agreement now so I'm probably best making an agreement to pay as the judge will probably sidecwithbyhem now
    They should provide all the documents requested. What have they sent?
    You've received the agreement, have you received the Default Notice and Letter of Assignment?

    I take it you've sent off the Directions Questionnaire?

    Comment


    • #47
      okay so this has now been transferred to my local court with a hearing date of 7th november

      the claimant has not sent me all the documents i requested but have now sent the documents they are going to rely on in court which is a witness statement from the solicitors moriarty law that has 11 points or facts they believe tobe true about this case and loan

      then they have sent 22 pages of a fixed loan agreement called standard european consumer credit agreement

      they have sent a fixed sum loan agreement regulated by the consumer credit act 1974

      also provided copies of the letters they sent to me when they took over the debt and a final demand before proceedings

      upon inspecting the documents they have provided it has reminded me as they have sent a detailed log of all payments and i originally loaned 100 on 18th january but by the 2nd febuary i had payed that loan off thats the loan thats on all paperwork.

      i then borrowed a further 400 or 500 its hard to tell from the paperwork with charges added but thats the loan i couldntafford and they would have known had they checked but they never and i suppose thats why quickquid was done for bad lending



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      • #48
        Did you prepare and send off a Witness Statement?

        https://legalbeagles.info/forums/for...ness-statement

        When completed, it needs to be sent to the Court (can be emailed) and the Claimants solicitors, make sure you get Proof of Postage.

        You need to go through everything they've sent and prepare notes for the Hearing, so you can raise these matters during the Hearing.

        https://www.judiciary.uk/wp-content/...+web+FINAL.pdf

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        • #49
          i have not done a witness statement yet as im not really sure what im doing with it

          iwill sort it out tomorrow if i havent missed the deadline

          Comment


          • #50
            I've missed the chance to put my witness statement in as itcwa due on 27th by 5pm

            I'm not sure if I should even attend court now as I'm likely going to lose this case they have put a witness statement in and I dint have proof of my defence

            Comment


            • #51
              Originally posted by marbec View Post
              I've missed the chance to put my witness statement in as itcwa due on 27th by 5pm

              I'm not sure if I should even attend court now as I'm likely going to lose this case they have put a witness statement in and I dint have proof of my defence
              I would do a Witness Statement and email it to the Court and the other side, if you don't attend the Hearing you will lose.

              Comment


              • #52
                okay im going to attempt my witness statement and send it via email and ive booked the day off work so i can attend the hearing at court

                Comment


                • #53
                  Originally posted by marbec View Post
                  okay im going to attempt my witness statement and send it via email and ive booked the day off work so i can attend the hearing at court
                  Highlight the points, make your case.

                  Comment


                  • #54
                    i have no clue what im doing even with the example witness statements so im done with it im stressed enough as it is so thanks for your advice i do appreciate it but ive no chance of winning anyway im just wasting time by taking the day off work to go and be laughed out of court.

                    thanks for help

                    Comment


                    • #55
                      I will cobble something together this evening had a bad day at work yesterday so wasn't in correct frame of mind for it last night ,will get this 12 hour shift out of way and have another go.

                      Again thanks for all your help with this case.

                      Comment


                      • #56
                        Okay so I couldn't attend the court hearing I took the afternoon off work and all the trains was on strike so I couldn't travel the 25 miles to get to court,I called the courts and explained the situation and receptionist said would tell the judge I couldn't attend.

                        So as you explained as I didn't attend I lost the case and I got a letter this morning saying as both parties didn't attend I've lost and must pay within 2 weeks.

                        Would I be able to appeal this decision,ive lost my job on friday so ironically i know can attend anytime or is it to little to late from me

                        Comment


                        • #57
                          Originally posted by marbec View Post
                          Okay so I couldn't attend the court hearing I took the afternoon off work and all the trains was on strike so I couldn't travel the 25 miles to get to court,I called the courts and explained the situation and receptionist said would tell the judge I couldn't attend.

                          So as you explained as I didn't attend I lost the case and I got a letter this morning saying as both parties didn't attend I've lost and must pay within 2 weeks.

                          Would I be able to appeal this decision,ive lost my job on friday so ironically i know can attend anytime or is it to little to late from me
                          O.K., not to worry, it's done.They (the Court) needed notice, so could of rescheduled the case.

                          I wouldn't bother appealing. But what you can do is send / email their solicitors / creditor an Income and Expenditure form. Make sure you take account of the 'cost of living'. If you can only afford to pay 5 a month, so be it.

                          Read the following covers losing your job.

                          https://www.citizensadvice.org.uk/de...0accepted%20it

                          Comment


                          • #58
                            OK well that's strange the court made no mention of reschedule the date I had called the court the week before and explained I was having difficulty attending due to work commitments and the travel issues but the reception lady said she can't offer legal advice but I should do my best to attend or I will lose the case if dont come but no mention of reschedule the date

                            OK I'm going to speak with citizens advice but I don't think a payment plan is an option as I need to pay within 2 weeks to avoid the ccj going on My credit file for 6 years

                            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.




                            We now feature a number of specialist consumer credit debt solicitors on our sister site, JustBeagle.com
                            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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