CCJ Claim form...HELP PLEASE!!!!

[pinklily]

Re: CCJ Claim form...HELP PLEASE!!!!

Thank you for the template! That's great! Where I put a reference do I put the credit card account number or all of the account numbers? Would I have to pay £10 for each account if I can only put one account number as a reference? Or would one account number cover ALL 3 accounts?

Thanks again!

[Sandy Ago]

Re: CCJ Claim form...HELP PLEASE!!!!

Hi Pinklily,
I know easier said than done but try not to worry, you are in good hands here... it can seem rather daunting at times but it's really a case of preparing for the worst whilst hoping for the best... it can be a slow process but just take it one step at a time. You've received notice of a claim and you're defending on the grounds this matter is statute barred. It's now up to Lowell to prove that it's not statute barred. If your case is anything like mine, Lowell will be reluctant to provide any information and may appear intimidating but it may well be a sign they have a weak case and simply hope they can stress you out so you'll give in or fail to respond and they win by default... you'll get lots of help from here at each stage.

[FlamingParrot]

Re: CCJ Claim form...HELP PLEASE!!!!

Thank you for the template! That's great! Where I put a reference do I put the credit card account number or all of the account numbers? Would I have to pay £10 for each account if I can only put one account number as a reference? Or would one account number cover ALL 3 accounts?

Thanks again!

A SAR is a request for all data about YOU, not about a specific account, so if you have them all with the same bank you should be able to get the data for all of them in one SAR. :thumb: I would list all the account numbers on there to make sure they send you the data for all three. :thumb: :thumb: :thumb:

[pinklily]

Re: CCJ Claim form...HELP PLEASE!!!!

Sandy- Thank you for your reply. It is intimidating, I think I worry more about doing something wrong and landing myself in poo lol. I'm glad your case worked out for you, fingers crossed I have the same result.

Flamingparrot- That's great, thank you so much for your help. Should I put the address that was registered on the account somewhere on the letter? I have seen somewhere where they had sent back the request as the address did not match and I have moved a few times since then. I don't want the process prolonged any longer that need be, especially as you said I won't get the information before my defence but hope to have it if it goes to court.

Thank you everyone for your help and advice, I can't tell you how much you have all helped me, I know there is still a long road until the end though but thank you.

[nemesis45]

Re: CCJ Claim form...HELP PLEASE!!!!

Sandy- Thank you for your reply. It is intimidating, I think I worry more about doing something wrong and landing myself in poo lol. I'm glad your case worked out for you, fingers crossed I have the same result.

Flamingparrot- That's great, thank you so much for your help. Should I put the address that was registered on the account somewhere on the letter? I have seen somewhere where they had sent back the request as the address did not match and I have moved a few times since then. I don't want the process prolonged any longer that need be, especially as you said I won't get the information before my defence but hope to have it if it goes to court.

Thank you everyone for your help and advice, I can't tell you how much you have all helped me, I know there is still a long road until the end though but thank you.

Yes give as much detail of previous addresses etc., on a SAR it will make it easier for them to find the data and may get you a faster reply, don't forget to sign the SAR with your normal signature otherwise it may get returned.

nem

[pinklily]

Re: CCJ Claim form...HELP PLEASE!!!!

Hi everyone. I recieved a letter from BC this afternoon and it says

"We write further to your recent letter of * August 2015, requesting discloser pursuant to Part 31.14 of civil Procedure Rules.

We confirm the claim form was issued by the County Court Business Centre and that Court's Protocol was followed when issuing the Claimant's Particulars of Claim. Practice Direction 7C point 1.4 (3A) eliminates the requirement to attach the documents to the Particulars of Claim when they are issued by this court.

We confirm this matter will most properly be allocated to the Small Claims track as this is a simple contractual matter and Part 31 of the civil Procedure Rules will therefore not apply.

In any event Notices of Default and Assignment left the control of the claiment when they were dispatched to you.

It is the original creditor's policy to issue argeements at the start of the contract and statements throughout the duration of the agreement and, in this regard, we ask you to refer to your own records.

We confirm our client is not agreeable to an extension for filing your defence.

As you will be aware a Claim was issued in this matter on 29 July 2015 and we are in reciept of your acknowledgement of service. Please respond to the Claim using the Response Pack provided by the court. We recommend you seek independant legal advice."


Are they avoiding sending me what I have asked for?

What do they mean they are not agreeable to and extension for my defence?

Thanks in advanced

[FlamingParrot]

Re: CCJ Claim form...HELP PLEASE!!!!

That's Mr Carter's standard template response to all requests he receives. :mad2: This is our standard reply: http://www.legalbeagles.info/forums/...385#post410385

He is covering himself in case you ask him to agree to an extension to file your defence.

[pinklily]

Re: CCJ Claim form...HELP PLEASE!!!!

Thank you so much! I will print and send the letter first thing in the morning. Am I likely to get anything out of him or would I have recieved it with this letter?

[FlamingParrot]

Re: CCJ Claim form...HELP PLEASE!!!!

Thank you so much! I will print and send the letter first thing in the morning. Am I likely to get anything out of him or would I have recieved it with this letter?

NOPE! :nono: Let's say the odds of getting snow right at this time of year are much higher! :snowbal: He never sends any documents but you have to show that at least one party (i.e. YOU) is following the process. His refusal to send anything will be one of the items mentioned in your defence. :thumb:

[nemesis45]

Re: CCJ Claim form...HELP PLEASE!!!!

Hi everyone. I recieved a letter from BC this afternoon and it says

"We write further to your recent letter of * August 2015, requesting discloser pursuant to Part 31.14 of civil Procedure Rules.

We confirm the claim form was issued by the County Court Business Centre and that Court's Protocol was followed when issuing the Claimant's Particulars of Claim. Practice Direction 7C point 1.4 (3A) eliminates the requirement to attach the documents to the Particulars of Claim when they are issued by this court.

We confirm this matter will most properly be allocated to the Small Claims track as this is a simple contractual matter and Part 31 of the civil Procedure Rules will therefore not apply.

In any event Notices of Default and Assignment left the control of the claiment when they were dispatched to you.

It is the original creditor's policy to issue argeements at the start of the contract and statements throughout the duration of the agreement and, in this regard, we ask you to refer to your own records.

We confirm our client is not agreeable to an extension for filing your defence.

As you will be aware a Claim was issued in this matter on 29 July 2015 and we are in reciept of your acknowledgement of service. Please respond to the Claim using the Response Pack provided by the court. We recommend you seek independant legal advice."


Are they avoiding sending me what I have asked for?

What do they mean they are not agreeable to and extension for my defence?

Thanks in advanced

Another one of Carters meaningless templates, he is relying on the fact that creditors do not have to archive hard copies of DN's etc.

Carter is saying his " client" will not allow more time for you to submit your defence.

nem

[pinklily]

Re: CCJ Claim form...HELP PLEASE!!!!

Thank you for your replies, I have only just seen them. Well I sent the reply Flamingparrot advised and I received the a letter from BC basically saying EXACTLY the same thing as the last letter. Do I need to send another reply or just leave it now?

I haven't heard anything from Llowell yet. And my SAR to Lloyds hasn't been received so it looks like I am going to have to send another one. I have also now recieved all of my bank statements from my current back that started on the 15th of June 2009, I had been receiving ALL of my money into that account by 20th of June 2009, which means that no money went into any Lloyds account after that.

Nem- what do you mean about BC saying his "client" wont' allow more time for my defence? Does this mean I won't get the 33 days from the date they issued? If so I am VERY stuffed! How do I go about writing my defence?

Thanks again

[pinklily]

Re: CCJ Claim form...HELP PLEASE!!!!

After doing a bit of research, it seems as if I may have sent the SAR to the wrong address, I sent it to 'Lloyds PLC' 25 Gresham Street, London is that wrong? I have searched for the address but the addresses I am finding were posted 2013 or before. I don't want to lose another statutory fee payment

[FlamingParrot]

Re: CCJ Claim form...HELP PLEASE!!!!

Thank you for your replies, I have only just seen them. Well I sent the reply Flamingparrot advised and I received the a letter from BC basically saying EXACTLY the same thing as the last letter. Do I need to send another reply or just leave it now?

No, there is no point in sending further letters, you've done enough to show he is the one who is being unreasonable and you will have the opportunity to mention your attempts at communication in your defence.

I haven't heard anything from Llowell yet. And my SAR to Lloyds hasn't been received so it looks like I am going to have to send another one. I have also now recieved all of my bank statements from my current back that started on the 15th of June 2009, I had been receiving ALL of my money into that account by 20th of June 2009, which means that no money went into any Lloyds account after that.

The Royal Mail site doesn't work 100%, I've received replies to letters I'd sent recorded delivery when the site didn't show them as received.

Nem- what do you mean about BC saying his "client" wont' allow more time for my defence? Does this mean I won't get the 33 days from the date they issued? If so I am VERY stuffed!

No, you still have the 33 days from date on claim, what he is referring to is agreeing to an extension to file a defence beyond the 33 days, other solicitors routinely agree when they cannot provide the documents but Mr Carter never does.

How do I go about writing my defence?

This is an example generic defence based around not having received any documents, it needs to be adapted: http://www.legalbeagles.info/forums/...t-Court-Claims

After doing a bit of research, it seems as if I may have sent the SAR to the wrong address, I sent it to 'Lloyds PLC' 25 Gresham Street, London is that wrong? I have searched for the address but the addresses I am finding were posted 2013 or before. I don't want to lose another statutory fee payment

The ICO register of data controllers quotes that one as the right address: https://ico.org.uk/ESDWebPages/DoSearch?reg=597102 :thumb:

Registration Number: Z5313128
Date Registered: 20 April 2001 Registration Expires: 19 April 2016
Data Controller: LLOYDS BANK PLC
Address:

25 GRESHAM STREET
LONDON
EC2V 7HN

[nemesis45]

Re: CCJ Claim form...HELP PLEASE!!!!

After doing a bit of research, it seems as if I may have sent the SAR to the wrong address, I sent it to 'Lloyds PLC' 25 Gresham Street, London is that wrong? I have searched for the address but the addresses I am finding were posted 2013 or before. I don't want to lose another statutory fee payment

Lloyds do have a specialist unit for SAR I believe in Andover Hants. Never the less your SAR should be forwarded to the correct department.

nem

[Berniethebolt]

Re: CCJ Claim form...HELP PLEASE!!!!

I have sent many a letter by RM signed for and when tracked it says "progressing through our system" . I normally raise a complaint and they do provide POD and 6 first class stamps as way of compo , but at least i get a POD. It is more usual when posting to bulk addresses where mail is delivered by the sackload