Claim Form for over £16,000 - PLEASE can someone help/assist

[echat11]

ECHAT11 - THANK YOU

Got a few questions if anybody could help please.

When writing to Claimant to obtain a copy of the Credit Agreement. I also read this statement below from this website. It reads:

"NB: If you have received a court claim and are sending this as part of the first steps (after acknowledgment of the claim) then it would be advisable to send to the Claimant, but also send a copy to the solicitors address for their information."

So based on that information above, shall I send the same copy to the soliciter (as well as claimant)? If the answer is YES, then do I also send the £1 fee to them also?

With the CPR 31.14 letter. Apart from 1. A copy of the guarantee , and 2. Agreement / Contract. Should I be requesting anything else? Also do I need to be specific to ask for an "Agreement OR Contract"? If so, (excuse me not being very knowledgeable about this) then which do I ask for?

Thank you.

a) "NB: If you have received a court claim and are sending this as part of the first steps (after acknowledgment of the claim) then it would be advisable to send to the Claimant, but also send a copy to the solicitors address for their information."

So based on that information above, shall I send the same copy to the soliciter (as well as claimant)? If the answer is YES, then do I also send the £1 fee to them also?

I would send it to the Claimant, I'm sure the request will be communicated to the Solicitor.

b) With the CPR 31.14 letter. Apart from 1. A copy of the guarantee , and 2. Agreement / Contract. Should I be requesting anything else? Also do I need to be specific to ask for an "Agreement OR Contract"? If so, (excuse me not being very knowledgeable about this) then which do I ask for?

You should be requesting all the documents referred to in the Claimants Particulars of Claim.

[Lloyd323]

no, you just send the solicitors a copy of the letter.

The request under CPR 31.14 should be for any documents referred to in the Claim Form. You should specify them all. Reading the document you posted, these would inclide the Unregulated Agrement, the Notice of assignment and the guarantee.

ATTICUS - THANKYOU

Ok, so I am literally printing these letters now. To clarify I am sending both the "credit agreement" letter & the "CPR 31.14" letter both to the Solicitor only?

Sorry, I don't understand or see any documents referred to in the claim form. I am requesting:

1. Unregulated Agreement
2. The Notice of assignment
3.The guarantee

If any different please let me know.


EDIT: Does this mean I have to send £3 for the 3 requested documents? Or just £1 for all?

[Lloyd323]

ECHAT11 - THANKYOU

Sorry I totally missed this message as it was on page 2.

Ok, so just a little unsure now where to send the letter for the credit agreement with 2 different responses.

[echat11]

a) The agreement isn't regulated under the CCA, but as I said in a previous post, send it, see what they say and send regards the request. Send £1. Send this to the Claimant.

the 'unregulated Agreement'

b) The following you are requesting as a CPR 31.14 request. Send this to their solicitors.

The Personal Guarantee documentation,
the 'unregulated Agreement',
the Notice of Assignment'.

[Lloyd323]

a) The agreement isn't regulated under the CCA, but as I said in a previous post, send it, see what they say and send regards the request. Send £1. Send this to the Claimant.

the 'unregulated Agreement'

b) The following you are requesting as a CPR 31.14 request. Send this to their solicitors.

The Personal Guarantee documentation,
the 'unregulated Agreement',
the Notice of Assignment'.

Understood, Thank you.

One final thing - it states to send statutory fee of £1 in the CPR 31.14 on this website example letter. So do I send £1 or £3 (for requesting 3 documents)?

[Lloyd323]

photo

[echat11]

photo

Did you post a photo?

[Lloyd323]

Back with an update. We are praying for some good news with this one, but we are also not so optimistic.

So I'll start off by saying they have "apparently" sent all 3 requests listed below. Why do I say "apparently" this way? Well, because with both the agreement & guarantee, my name is simply printed in the signature box. Surely anyone can print an agreement & guarantee from the company and pop the printed name into the signature box? Of course I'm no expert on how this stands legally.

Also, I have no recollection of being a guarantee what so ever. It's as if they automatically make you one once you sign for the company. I had no phone call of any sort by anyone for this loan.

I have posted a few pages of the Agreement. If you wish to see certain parts please let me know as it's a large document.

I have posted both the guarantee & notice of assignment in full as it was not so large.

1. Unregulated Agreement
2. The Notice of assignment
3.The guarantee

Anything they have not abided to or looks fishy? I appreciate any input.

[echat11]

Keep going through the documents you've received, look for anomalies. The points raised in your last post are important.

Below is an example Defence, have a go, then copy and past back onto this thread without personal details.

In the Defence you are just addressing their Particulars of Claim on the Claim form.

Remember the agreement is 'unregulated' so the CCA doesn't apply.

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

[atticus]

I cannot see the first page of the guarantee. Please scan the full document using a scanner app such as Adobe Scan, and upload the pdf. Same with the finance agreement.

You can ask how exactly they say that these documents were signed.

But I would like to see the full documents to see whether any technical arguments may be available to you.

[Lloyd323]

THANK YOU BOTH ECHAT11 & ATTICUS

I have uploaded every page of every single document/letter for you & I am very thankfull for your help.

I also noticed after reading through the contract again about the signature. You'll see what I mean when you get there, but it's as if they have you by the balls ( and everyone else) by this - I could be wrong.

I was hoping for a little advice on extending the time as I'm getting stressed by this timeline & to top it off the final date they give I am away for bang on 2 weeks from the date they provided. Meaning if they reply & again give me a timeline I literally can not respond. Of course I have evidence of travelling away.

How do I go about this? Do I contact them or the courts? With that being answered, what form do I fill in or do I simply request it?

[echat11]

THANK YOU BOTH ECHAT11 & ATTICUS

I have uploaded every page of every single document/letter for you & I am very thankfull for your help.

I also noticed after reading through the contract again about the signature. You'll see what I mean when you get there, but it's as if they have you by the balls ( and everyone else) by this - I could be wrong.

I was hoping for a little advice on extending the time as I'm getting stressed by this timeline & to top it off the final date they give I am away for bang on 2 weeks from the date they provided. Meaning if they reply & again give me a timeline I literally can not respond. Of course I have evidence of travelling away.

How do I go about this? Do I contact them or the courts? With that being answered, what form do I fill in or do I simply request it?

Only on the extension matter, write / email the Claimant's solicitors, ask to extend the time to file your Defence by 28 days, this request can be made under CPR 15.5.

Copy the Court in on the request.

https://www.justice.gov.uk/courts/pr...rules/part15#4

[Lloyd323]

Only on the extension matter, write / email the Claimant's solicitors, ask to extend the time to file your Defence by 28 days, this request can be made under CPR 15.5.

Copy the Court in on the request.

https://www.justice.gov.uk/courts/pr...rules/part15#4

So in regards to extension only do I simply word the letter as:

"Dear (court & soliciters)

(claim number, address, name, date & so on)

Under CPR 15.5 I would like to make a request to extend the time to file my defence by a further 28 days."

Is that it? Would it harm to mention I'm traveling? Do I have to give the reason why? Thank you.

[atticus]

Giving a good reason helps.

The documents uploaded are incomplete. I have looked again.

[Lloyd323]