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urgent help needed claim form

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  • urgent help needed claim form

    some background
    poc
    The claimant claims xxxxx for debt and interest.
    On 20/01/2002 the defendant enterd into an agreement for a credit card with bank of scotland plc under ref xxxxxx.
    On 01/02/2010 the defendant defaulted on the agreement with an outstanding balance of xxx.
    O20/06/2012 the debt of xxxx was assighned to 1st credit(finance) 5 ltd.
    On19/11/2012 the company changed its name to cai finance ltd and on 01/04/2013 assighned the debt to 1st credit(finance) ltd
    notices of assighnment were sent to the defendant in accordance with s.136 law of property act 1925
    and the claimant claims
    1 the sum of xxxx
    2statutory interest of 5000 pursuant to s.69 county courts act 1984 at a rate of 8% per annum from 30/08/2012 to 20/11/2013 and therafter at a daily rate of 1.06 untill judgment or sooner payment.


    basicaly i took out a credit card in 2002 and wasnt able to keep up payments i payed most of the debt but this is all mostly ppi and late fees which i want to reclaim

    i sent a cca and cpr31 12 days ago have not heard back about the cpr or the cca the claim foprm has a printed signature.

    i have read lots but hust confused as to what to do next ask for a extension or go with embarrest defence
    Tags: None

  • #2
    Re: urgent help needed claim form

    Hi and to LegalBeagles............it's a tad early yet but I'm sure someone who can help you will pop along

    Comment


    • #3
      Re: urgent help needed claim form

      Originally posted by moses123 View Post
      i sent a cca and cpr31 12 days ago have not heard back about the cpr or the cca
      Did you use Recorded Delivery, Special Delivery or just obtain a free Certificate of Posting?

      Have you acknowledged receipt of the claim form?

      i have read lots but hust confused as to what to do next ask for a extension
      Yes.

      or go with embarrest defence
      In my opinion, no, as that could be as good as telling the court that you have no real defence but you'd like to quibble nevertheless.

      Your best defence, in my (non-expert) opinion is the claimant's failure to comply with your s.78(1) request, as s.78(6) should prevent them getting judgement in their favour until/unless they do comply.

      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.




      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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