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CLAIM STRUCK OUT !!!! Need help with a court claim please

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  • Re: CLAIM STRUCK OUT !!!! Need help with a court claim please

    will post it up as soon as it arrives

    Comment


    • Re: CLAIM STRUCK OUT !!!! Need help with a court claim please

      BUT............... what if .........................you pay £155 unless youre fee exempt....................... and they get an unless order, costs, and sanctions attached if they dont comply..........................

      Surely the above is better than defending, because more and more people following this route are losing, getting judgment and then asking for help appealling.

      I know this is a fact because ive had t hree people on the phone today with exactly this dilema, so surely short term outlay for long term gain is better than a Judgment, charging order and bankruptcy etc.
      I work for Roach Pittis Solicitors. I give my free time available to helping other on the forum and would be happy to try and assist informally where needed. Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability.

      If you need to contact me please email me on Pt@roachpittis.co.uk .

      I have been involved in leading consumer credit and data protection cases including Harrison v Link Financial Limited (High Court), Grace v Blackhorse (Court of Appeal) and also Kotecha v Phoenix Recoveries (Court of Appeal) along with a number of other reported cases and often blog about all things consumer law orientated.

      You can also follow my blog on consumer credit here.

      Comment


      • Re: CLAIM STRUCK OUT !!!! Need help with a court claim please

        Originally posted by pt2537 View Post
        BUT............... what if .........................you pay £155 unless youre fee exempt....................... and they get an unless order, costs, and sanctions attached if they dont comply..........................

        Surely the above is better than defending, because more and more people following this route are losing, getting judgment and then asking for help appealling.

        I know this is a fact because ive had t hree people on the phone today with exactly this dilema, so surely short term outlay for long term gain is better than a Judgment, charging order and bankruptcy etc.
        If that's to me, it sounds like your arguing with me although i agree with you. Not once, that i recall, have i suggested an embarrassed defence.

        http://www.legalbeagles.info/forums/...337#post428337

        http://www.legalbeagles.info/forums/...844#post427844



        M1

        Comment


        • Re: CLAIM STRUCK OUT !!!! Need help with a court claim please

          Originally posted by mystery1 View Post
          If that's to me, it sounds like your arguing with me although i agree with you. Not once, that i recall, have i suggested an embarrassed defence.

          http://www.legalbeagles.info/forums/...337#post428337

          http://www.legalbeagles.info/forums/...844#post427844



          M1
          Good job it wasnt to you then isnt it haha
          I work for Roach Pittis Solicitors. I give my free time available to helping other on the forum and would be happy to try and assist informally where needed. Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability.

          If you need to contact me please email me on Pt@roachpittis.co.uk .

          I have been involved in leading consumer credit and data protection cases including Harrison v Link Financial Limited (High Court), Grace v Blackhorse (Court of Appeal) and also Kotecha v Phoenix Recoveries (Court of Appeal) along with a number of other reported cases and often blog about all things consumer law orientated.

          You can also follow my blog on consumer credit here.

          Comment


          • Re: CLAIM STRUCK OUT !!!! Need help with a court claim please

            lol, well we all bloody agree, this wasn't an embarrased defence anyway, it was a proper defence, and the only reason we'd go with a defence for lack of docs (which wouldn't be embarrassed anyway) would be if there was no chance of fee remission and the defendant just couldn't manage the £155 - or the £50 even?? - without a hearing application preferable to a defence you reckon? better than just rolling over and waiting for the default judgment either way.
            #staysafestayhome

            Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

            Received a Court Claim? Read >>>>> First Steps

            Comment


            • Re: CLAIM STRUCK OUT !!!! Need help with a court claim please

              http://www.legalbeagles.info/forums/...-with-defences ( @ M1 & PT)
              #staysafestayhome

              Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

              Received a Court Claim? Read >>>>> First Steps

              Comment


              • Re: CLAIM STRUCK OUT !!!! Need help with a court claim please

                Old thread i know, but wasnt sure where to post my question.

                I am having dealing with a debt management company and i am trying to get up to date sattement and account information. I have been told one of my debts is now with OPOS ltd so have contacted them to be told i cant have the information sent to me without sending a SAR.

                Is there anything other than a SAR that would get me this information like CPR or CCA?

                Thanks

                Comment


                • Re: CLAIM STRUCK OUT !!!! Need help with a court claim please

                  If the debt is with OPOS you should be able to speak to them and ask them for your account balance - they do have a log in section to monitor your account with them - https://www.oposlimited.com/customerAccess/ - I can't see any need for a SAR to get your details. If you want all historical info then yes a SAR is a good idea, but probably to the company the debt was with before OPOS.

                  Which Debt Management company are you with ? (I'm slightly paranoid about Debt Management companies at the moment so just checking ). They should have all your details about the debt if they are doing their job properly and should have a record of all your payments made.
                  #staysafestayhome

                  Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                  Received a Court Claim? Read >>>>> First Steps

                  Comment


                  • Re: CLAIM STRUCK OUT !!!! Need help with a court claim please

                    Im with StepChange, im sorting out my review and needed up to date account information.

                    The original creditor was Minicredit which as far as im aware went out of business and sold all debts to OPOS, i have never had any letters in relation to this debt from OPOS, when i started my DMP i was paying the original creditor and they informed setpchange that it had moved. The payments have carried on regardless of the change, i only know now because i need to do a review.

                    The woman on the phone said they had sent me a NOA and numerous letters which i havent received and when i asked for copies of them she said "yes thats fine just send us a SAR for £10". I dont even know their reference number for the account as she wouldnt give it to me.

                    Comment

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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.




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                    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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