Hi guys, once again I need your help. The not so lovely 'Leeds Lowlife' have sent me a court claim. I thought this nightmare had gone away but I'm Sleepless nights again. The short story, they served me with a SD, I sent a CCA request plus the postal order, I sent emails, they ignored me for 4 months. March 2014 the really scary letter ' We're going to take your house' came and I spoke to Kate. She worked her magic and they withdrew the SD. (I'll be forever grateful) So I'm wondering if they can chase this again, and if so, what I should write as my defense? I've got 13 days left and don't know if I can go through this again.
Court claim Lowels with a twist.
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Re: Court claim Lowels with a twist.
Hiya, You aren't alone, a few of the set aside SD's have come back with Court Claims, sadly yes they can do it .... though you have the same defence pretty much as for the stat demand set aside - default of CCA request - Presumably you have heard nothing in between times ? No credit agreement copy ?
What date is the issue date on the court claim ? You have 14 days ( plus 5 for service) to get the claim acknowledged, but I'd get that done as soon as possible - there should be password and reference on the form to use on moneyclaimonline website - if you tick the intend to defend in full box then we can relax a little as that extends the time scales you have to 33 days from the date of issue.
We will need to send a further CCA request - but before we can say very much more, need to know what the debt is - I'll see if I can see your previous postings
Try not to worry, we're here to help you all we can xxxx
Sharon
xx
http://www.legalbeagles.info/forums/...it-Court-Claim#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
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Re: Court claim Lowels with a twist.
For ref:
The debt relates to a Lloyds Tsb Credit card, outstanding balance £8,030.
Poss 12 years old ( so 2002 ish?)
Last made a payment in 2009.#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
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Re: Court claim Lowels with a twist.
Thanks for your swift reply, I've acknowledged service and have a MCOL number (whatever that is) I'm happy to send another CCA request and another £1 postal order,this will be the third How many more do I need to send, they never reply. I'm determined this Christmas will not be spent worrying about losing my house or sanity!
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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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