Court claim received

[Kati]

Re: Court claim received

Good Morning Carts

I'm sure [MENTION=55034]nemesis45[/MENTION] will be along today to offer advice, in the meantime here is a template of a defence that you can look through (http://www.legalbeagles.info/forums/...t-Court-Claims)

Have a go at adapting it to fit your circumstances and post up the result on this thread

K xx

[carts69]

Re: Court claim received

CPR/CPA not received, I now wish to get my defence in, can I have some help please on how I go about this, can it be done online or the court claim form, also any advice on what to state regarding the non compliance from BC/Lowells? Thanks

[nemesis45]

Re: Court claim received

Thanks nem, I'll sit tight & wait for anything else to drop through the post

That's fine Carts if you need me just tag [MENTION=55034]nemesis45[/MENTION]

nem

[carts69]

Re: Court claim received

Thanks nem, I'll sit tight & wait for anything else to drop through the post

[nemesis45]

Re: Court claim received

Thanks Kati, so in theory..is it any real benefit to chase up either the CPR or CCA, or have I done enough for a defence. Carts

Hello Carts,

No need to chase the CCA request if not complied with it renders the debt unenforceable until it's provided.
If as is likely the CPR 31.14 request is denied it can be mentioned in your defence, so if there is a reply declining
the request we can deal with it when it happens.
See what comes up/or doesn't then we can formulate your defence.

nem

[carts69]

Re: Court claim received

Thanks Kati, so in theory..is it any real benefit to chase up either the CPR or CCA, or have I done enough for a defence. Carts

[Kati]

Re: Court claim received

Good morning Carts,

In regard to the CCA request:

1. On date I sent a request to xxxxxxx under sections 77/78 of The Consumer Credit Act 1974 (as amended) for a copy of the regulated agreement relating to the alleged debt.

1. (a) To date xxxxxxxx has failed to comply with my request for the agreement and is therefore unable to enforce the alleged debt.

2. On date I sent a request made under CPR 31.14 to the Claimants Solicitors for sight of the documents mentioned on the claimants statement of claim.

2 (a) To date this request has not been complied with despite it having been made prior to the claim being allocated to the small claims track.

nem

Hi nem, sorry for my ignorance but regarding your last post...can you explain who I send it to, I'm a little lost on this one? Carts

They're for your defence Carts If you don't get a response to your CCA request it (I believe) renders the debt unenforceable.

You could chase up your CPR request tho'

Your defence is due in before the 11th August (see post #33) so you've a bit of time left :nod: ... try not to worry, everything on LB should be back to normal in a couple of days and you'll get lots of help and advice from @nemesis45 xx

[carts69]

Re: Court claim received

Hi nem, sorry for my ignorance but regarding your last post...can you explain who I send it to, I'm a little lost on this one? Carts

[nemesis45]

Re: Court claim received

Hello Carts,

The CCA Request needs no chasing as non compliance renders the debt unenforceable until the agreement is provided.
I'm afraid that it's a waiting game at this stage.

nem

Good morning Carts,

In regard to the CCA request:

1. On date I sent a request to xxxxxxx under sections 77/78 of The Consumer Credit Act 1974 (as amended) for a copy of the regulated agreement relating to the alleged debt.

1. (a) To date xxxxxxxx has failed to comply with my request for the agreement and is therefore unable to enforce the alleged debt.

2. On date I sent a request made under CPR 31.14 to the Claimants Solicitors for sight of the documents mentioned on the claimants statement of claim.

2 (a) To date this request has not been complied with despite it having been made prior to the claim being allocated to the small claims track.

nem

[carts69]

Re: Court claim received

Ok, thanks nem! So at what point do I put in my defence? Carts

[nemesis45]

Re: Court claim received

Nem, yes I wish to have your ongoing support, there is no update since sending BC the reply to the template letter I received, I was just wondering if I should be doing anything in the way of anymore letters or waiting for the BC reply, as stated Lowells have not responded to my request as yet? Carts

Hello Carts,

The CCA Request needs no chasing as non compliance renders the debt unenforceable until the agreement is provided.
I'm afraid that it's a waiting game at this stage.

nem

[carts69]

Re: Court claim received

Ok, thank you Kati

[Kati]

Re: Court claim received

Nem, yes I wish to have your ongoing support, there is no update since sending BC the reply to the template letter I received, I was just wondering if I should be doing anything in the way of anymore letters or waiting for the BC reply, as stated Lowells have not responded to my request as yet? Carts

I'm sure [MENTION=55034]nemesis45[/MENTION] will be around later Carts ... if you need him, feel free to tag either him or myself (using [MENTION=55034]nemesis45[/MENTION] or [MENTION=49370]Kati[/MENTION]) or even to PM or email me, and I'll pass the message on if needed (kati@legalbeagles.info).

K xx

[carts69]

Re: Court claim received

Nem, yes I wish to have your ongoing support, there is no update since sending BC the reply to the template letter I received, I was just wondering if I should be doing anything in the way of anymore letters or waiting for the BC reply, as stated Lowells have not responded to my request as yet? Carts

[nemesis45]

Re: Court claim received

Nem, pm not working for some reason?

Sorry Carts. Temporary Problem!
Hopefully will be resolved soon.
Amethyst has given you the info needed.
Should you still need my help please post here.

nem