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Sued by claimant

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  • Sued by claimant

    For a bit of history see Unenforceable agreement question. - Legal Beagles Consumer Forum.
    I have accepted the amount claimed but not all the charges. Basically I did a request under S78/79 and the finance company sent me the copy of the agreement only but never sent anything else. They then had a summons issued against me although they had not supplied all the info.
    In my opinion as they had not complied with the S78/79 request the summons should never had been issued and I filed a defence. I then issued a "Subject Access Request" and once again they never sent all the details like a copy of the "Terms & conditions" in the SAR which was late anyway. After pointing this out to their solicitor they complied.
    On advice from this forum I then dropped my defence and did an admission of guilt for the outstanding amount but not the court and solicitor costs which had increased from £200 to £525. If I had been supplied with all the relevant information as per my S78/79 request I woudl never have incurred these additional costs.
    As a result of this a hearing has been scheduled for June, but I can come to an agreement with the solicitor and continue paying at the same rate I have been paying, but for the outstanding amount plus all the additional costs.
    Do I have a valid objection to these additional costs becasue their client never submitted all the information as required under S78/79? I was under the impression that in addition to a copy of the agreement, copies of the T & C should have been included plus an up to date statement.

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SHORTCUTS


First Steps
Check dates
Income/Expenditure
Acknowledge Claim
CCA Request
CPR 31.14 Request
Subject Access Request Letter
Example Defence
Set Aside Application
Directions Questionnaire



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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