Court claim received

[Kati]

Re: Court claim received

:nod:

[carts69]

Re: Court claim received

Thanks FP, very interesting indeed! So now I await to hear from the court, correct?

[FlamingParrot]

Re: Court claim received

Have now received a claimants directions questionnaire from BC, it states.. The claimant is prepared to settle this matter outside of court, & encourage negotiations, I presume I ignore this request & await the court letter, so does this letter look good in my favour?

It is a generic response from him.

Thanks Nem, bit confused on what to do now, don't really want to negotiate any payments as I still believe it's SB, will it be ok to follow this through or could this come back to bite me, what are my options and what possible outcome could I be faced with?

If it's SBd, the burden of proof is on THEM to SHOW it isn't! :grin: :grin: :grin:

So the not receiving the CCA request doesn't mean anything at this stage?

SBd is an absolute defence, however, if they were able to produce some evidence of payments made in the last six years, non-compliance with a CCA request is a bar to enforcement whilst they are in breach so it's your "PlanB" so to speak.

[nemesis45]

Re: Court claim received

So the not receiving the CCA request doesn't mean anything at this stage?

Not getting the agreement is another string to the bow the debt is unenforceable without it.

nem

[carts69]

Re: Court claim received

So the not receiving the CCA request doesn't mean anything at this stage?

[nemesis45]

Re: Court claim received

Thanks Nem, bit confused on what to do now, don't really want to negotiate any payments as I still believe it's SB, will it be ok to follow this through or could this come back to bite me, what are my options and what possible outcome could I be faced with?

Your choice Carts don't enter into any " negotiations" if you are positive the debt is statute barred it's a complete defence.!

Must be SB before the claim was issued.

nem

[carts69]

Re: Court claim received

Can anyone advise please?

[carts69]

Re: Court claim received

Thanks Nem, bit confused on what to do now, don't really want to negotiate any payments as I still believe it's SB, will it be ok to follow this through or could this come back to bite me, what are my options and what possible outcome could I be faced with?

[nemesis45]

Re: Court claim received

Have now received a claimants directions questionnaire from BC, it states.. The claimant is prepared to settle this matter outside of court, & encourage negotiations, I presume I ignore this request & await the court letter, so does this letter look good in my favour?

They want you to talk to them Carts so they can attempt to persuade you to agree a payment arrangement, you could attempt to negotiate a reasonable/ affordable and sustainable payment arrangement via a Consent/Tomlin order which stays the claim indefinitely as long as the agreement is not broken.

nem

[carts69]

Re: Court claim received

Have now received a claimants directions questionnaire from BC, it states.. The claimant is prepared to settle this matter outside of court, & encourage negotiations, I presume I ignore this request & await the court letter, so does this letter look good in my favour?

[carts69]

Re: Court claim received

Wouldn't it just, ok thanks again FP, I shall update as & when? Carts

[FlamingParrot]

Re: Court claim received

Thanks FP, all completed now! So what's likely to happen next, this is all new to me?

The court will schedule a hearing date and give directions to both sides, which will include the requirement to provide you with the documents they intend to rely on at least 14 days before the hearing date. That's where they could well stumble and may have to discontinue. ray: ray: ray: Wouldn't that be a shame? :lol:

[carts69]

Re: Court claim received

Thanks FP, all completed now! So what's likely to happen next, this is all new to me?

[FlamingParrot]

Re: Court claim received

N180 now received, would someone be kind enough to advise on filling it in, their are some questions I'm not sure about? Thanks.

It should be quite straightforward to fill in, usually advisable to tick yes to mediation. No need to disagree with small claims allocation.

Provide details of your local court under D1 as that's where you'd have to go if it progresses to a hearing, also dates when you don't expect to be available under D4. You won't need experts or other key witnesses, nor an interpreter. Under D3 only one witness (yourself). Any more questions just shout. :director:

[carts69]

Re: Court claim received

N180 now received, would someone be kind enough to advise on filling it in, their are some questions I'm not sure about? Thanks.