County Court Business Centre Home Retail Group

[VeryMariana]

Hi All,

I tried to fill in the received a court claim form but when i press submit it says message too short???

Anyway, I tried to go through the forums and just follow other peoples procedures but I became stuck on the N9B (SDT) Defence form. My question really is that they are asking if:
I dispute the amount or
for another reason
and i don't know what to put????? I know it sounds silly.
Here are the particulars of the claim:

1) The Defendant entered into a Conusmer Credit Act, 1974 regulated agreement with Home Retail Group under account Ref: xxxxxx
2) The Defendant failed to maintain the required payments and default notice was served.
3) The agreement was later assigned to the Claimant on 01/07/2014 and notice given to the Defendant.
4) Despite the repeated requests for payment the sum of £543.04 remains due and outstanding. And the Claimant claims a) The said sum of £543.04 remains due and outstanding. And the claimant claims a) The said sum of £543.04, b) Interest pursuant to S69 County Courts Act 1984 at the rate of 8% per annum from the date of the assignment to the date of the issue, accruing at a daily rate of £0.119, but limited to one year, being £43.44, c) Costs



I think but i will have it confirmed that the last time payment made was around the 2010/2011.


From what i have read i should send a CCA request to claimant. This debt has been passed over to lots of different companies and i have previously asked (over the phone) for a breakdown of the claim but to no avail.
Thank you guys

[Kati]

Re: County Court Business Centre Home Retail Group

[MENTION=55034]nemesis45[/MENTION] should be able to help (I've tagged him for you) xx

[nemesis45]

Re: County Court Business Centre Home Retail Group

@nemesis45 should be able to help (I've tagged him for you) xx

Thank you [MENTION=49370]Kati[/MENTION]~ nem xx

[nemesis45]

Re: County Court Business Centre Home Retail Group

Hi All,

I tried to fill in the received a court claim form but when i press submit it says message too short???

Anyway, I tried to go through the forums and just follow other peoples procedures but I became stuck on the N9B (SDT) Defence form. My question really is that they are asking if:
I dispute the amount or
for another reason
and i don't know what to put????? I know it sounds silly.
Here are the particulars of the claim:

1) The Defendant entered into a Conusmer Credit Act, 1974 regulated agreement with Home Retail Group under account Ref: xxxxxx
2) The Defendant failed to maintain the required payments and default notice was served.
3) The agreement was later assigned to the Claimant on 01/07/2014 and notice given to the Defendant.
4) Despite the repeated requests for payment the sum of £543.04 remains due and outstanding. And the Claimant claims a) The said sum of £543.04 remains due and outstanding. And the claimant claims a) The said sum of £543.04, b) Interest pursuant to S69 County Courts Act 1984 at the rate of 8% per annum from the date of the assignment to the date of the issue, accruing at a daily rate of £0.119, but limited to one year, being £43.44, c) Costs

Hi.

Lets stop at this point for now,
Have you acknowledged service of the claim?
When was the claim issued?
Who is the claimant?
Which Solicitor is being used?

Yes a CCA request to the claimant, £1 statutory fee payable, use a postal order
endorsed "for statutory fee only", the claimant has 12 + 2 Working Days to Comply.
Template for this in the forum library.

You then send a request made under the Civil Procedure Rule 31.14 No Fee) this is for the documents
mentioned in the particulars of the claim Only. i.e. The agreement, The Default Notice. and The Notice Of Assignment.

Once the above have been done, then we can look at a defence with you.


nem

[VeryMariana]

Re: County Court Business Centre Home Retail Group

Hello! Thanks so much for responding,

I am typing in red in answer to your questions,

Have you acknowledged service of the claim?
- I have no idea what that means about acknowledging service of the claim....i am so sorry. If you are asking if i have acknowledged that i owe this debt then the answer is No. This debt is an old debt in an old address that i assumed i covered and then these letters kept coming from all these different companies so I asked for details and never received anything from them, until this Court stuff, if it is anything else i have no idea.

When was the claim issued?
10 Dec 2015

Who is the claimant?
Lowell Portolio Ltd

Which Solicitor is being used
Lowell Solicitors Limited.


I will be sending a CCA request first thing tomorrow, thank you i have the template from this site.

You then send a request made under the Civil Procedure Rule 31.14 No Fee) this is for the documents
mentioned in the particulars of the claim Only. i.e. The agreement, The Default Notice. and The Notice Of Assignment.
I have no idea what this is, i am really sorry if i sound stupid. I have looked through the forum at all the other posters who seem to be doing the same as me, but i am really confused and really appreciate your help.

Thank you so much for replying.

[VeryMariana]

Re: County Court Business Centre Home Retail Group

Hi,

I hope someone can help me. After Nemesis45's response i have sent off a CCA request with a £1 postal order....i forgot to sign it but the post person gave it back to me just in time thank god.

But i am having difficulty with the CPR 31.14 request, i dont understand what docments i should ask for. I am looking at the Particulars of the Claim and it says:

) The Defendant entered into a Conusmer Credit Act, 1974 regulated agreement with Home Retail Group under account Ref: xxxxxx ('the Agreement')
2) The Defendant failed to maintain the required payments and default notice was served.
3) The agreement was later assigned to the Claimant on 01/07/2014 and notice given to the Defendant.
4) Despite the repeated requests for payment the sum of £543.04 remains due and outstanding. And the Claimant claims a) The said sum of £543.04 remains due and outstanding. And the claimant claims a) The said sum of £543.04, b) Interest pursuant to S69 County Courts Act 1984 at the rate of 8% per annum from the date of the assignment to the date of the issue, accruing at a daily rate of £0.119, but limited to one year, being £43.44, c) Costs

So i see an agreement and a default notice but i do not see a notice of assignment, so in the CPR 31.14 request should i only ask for the agreement and the default notice?

Also more importantly I haven't put in my defence yet because i was confused as to wherever i say i dispute the amount or for another reason. This is my biggest concern at the moment, the court letter was issue 10th Dec 2015, so i think from my reading i have 14 days which means i have until the 24th December.

If anyone can help i would be forever grateful. Thank you in advance.

[ostell]

Re: County Court Business Centre Home Retail Group

You don't have to put in your defence yet BUT you must acknowledge the claim. This gives you extra time to prepare the defence. You must acknowledge within 14 days of the claim. Instructions should be with the paperwork you received.

They mention "The agreement was later assigned to the Claimant". That's the notice of assignment you want to see.

[nemesis45]

Re: County Court Business Centre Home Retail Group

Hi,

I hope someone can help me. After Nemesis45's response i have sent off a CCA request with a £1 postal order....i forgot to sign it but the post person gave it back to me just in time thank god.

But i am having difficulty with the CPR 31.14 request, i dont understand what docments i should ask for. I am looking at the Particulars of the Claim and it says:

) The Defendant entered into a Conusmer Credit Act, 1974 regulated agreement with Home Retail Group under account Ref: xxxxxx ('the Agreement')
2) The Defendant failed to maintain the required payments and default notice was served.

3) The agreement was later**** assigned to the Claimant on 01/07/2014 and notice given to the Defendant.*******

4) Despite the repeated requests for payment the sum of £543.04 remains due and outstanding. And the Claimant claims a) The said sum of £543.04 remains due and outstanding. And the claimant claims a) The said sum of £543.04, b) Interest pursuant to S69 County Courts Act 1984 at the rate of 8% per annum from the date of the assignment to the date of the issue, accruing at a daily rate of £0.119, but limited to one year, being £43.44, c) Costs

So i see an agreement and a default notice but i do not see a notice of assignment, so in the CPR 31.14 request should i only ask for the agreement and the default notice?

Also more importantly I haven't put in my defence yet because i was confused as to wherever i say i dispute the amount or for another reason. This is my biggest concern at the moment, the court letter was issue 10th Dec 2015, so i think from my reading i have 14 days which means i have until the 24th December.

If anyone can help i would be forever grateful. Thank you in advance.

Good morning.

CPR31 .14 is for the documents mentioned in the particulars of the claim.
1. The agreement.
2. Default Notice.
3.****** Notice of Assignment.*************

4. To be pedantic you could ask for copies of the repeated request for payment.

Acknowledge Service and state intention to defend in full.

Have you made a CCA request to the claimant?

nem

- - - Updated - - -

Hi,

I hope someone can help me. After Nemesis45's response i have sent off a CCA request with a £1 postal order....i forgot to sign it but the post person gave it back to me just in time thank god.

But i am having difficulty with the CPR 31.14 request, i dont understand what docments i should ask for. I am looking at the Particulars of the Claim and it says:

) The Defendant entered into a Conusmer Credit Act, 1974 regulated agreement with Home Retail Group under account Ref: xxxxxx ('the Agreement')
2) The Defendant failed to maintain the required payments and default notice was served.

3) The agreement was later**** assigned to the Claimant on 01/07/2014 and notice given to the Defendant.*******

4) Despite the repeated requests for payment the sum of £543.04 remains due and outstanding. And the Claimant claims a) The said sum of £543.04 remains due and outstanding. And the claimant claims a) The said sum of £543.04, b) Interest pursuant to S69 County Courts Act 1984 at the rate of 8% per annum from the date of the assignment to the date of the issue, accruing at a daily rate of £0.119, but limited to one year, being £43.44, c) Costs

So i see an agreement and a default notice but i do not see a notice of assignment, so in the CPR 31.14 request should i only ask for the agreement and the default notice?

Also more importantly I haven't put in my defence yet because i was confused as to wherever i say i dispute the amount or for another reason. This is my biggest concern at the moment, the court letter was issue 10th Dec 2015, so i think from my reading i have 14 days which means i have until the 24th December.

If anyone can help i would be forever grateful. Thank you in advance.

Good morning.

CPR31 .14 is for the documents mentioned in the particulars of the claim.
1. The agreement.
2. Default Notice.
3.****** Notice of Assignment.*************

4. To be pedantic you could ask for copies of the repeated request for payment.

Acknowledge Service and state intention to defend in full.

Have you made a CCA request to the claimant?

nem

[VeryMariana]

Re: County Court Business Centre Home Retail Group

Hello Everyone,

Thank you for all your advice last time I really really appreciated it.

So i have an update and i hope you guys can help me with it again, so last time i sent off the CCA and I also acknowledged the claim.

on 30th December i received a letter from Lowell Solicitors telling me that they have requested a copy of my credit agreement from the client who is Argos Home retail Group and will forward me it upon receipt, and also that they have been informed by the court that an acknowledgement of service had been lodged.

So i basically ignored it and forgot about it until today. I received a letter from Lowell Solicitors with a notice of Pending County Court Judgement, and that if by 08/02//2016 i do not respond they will issue a CCJ against me.

Can anyone advice what i can do now? Any help would be appreciated. i think the time for me to put my defence in has passed, the problem is that i thought i was to wait for them to give me the documents before i could mount a defence!

[VeryMariana]

Re: County Court Business Centre Home Retail Group

Hello Anyone?

[Amethyst]

Re: County Court Business Centre Home Retail Group

Morning, apologies your post got overlooked yesterday xxx

You might need to give the court a call and check that they haven't already claimed default judgment and ask them if you can submit your defence by email ( as MCOL may have a bar on it due to the lateness )

If you can get defence in they can't claim a default judgment - http://www.legalbeagles.info/forums/...t-Court-Claims is a good starting point.

[VeryMariana]

Re: County Court Business Centre Home Retail Group

Oh thats okay thak you for replying, i am trying to call the court now but they dont seem to be answering. On the MCOL website they still have my thing open and i can still press put in a defence should i do that and see if anything happens? OMG thank you guys so much...i Can still put in a defence so i am just editing what you sent me Amethyst. Thank you GUYS!!!

[VeryMariana]

Re: County Court Business Centre Home Retail Group

EEEK i just sent something oh gosh.

[Amethyst]

Re: County Court Business Centre Home Retail Group

ooo - did you edit it first to suit your case ? ( fill in the XXXX's etc ?) ( just checking!)

and phew, that should have avoided a default judgment by the skin of your teeth .....

[VeryMariana]

Re: County Court Business Centre Home Retail Group

ooo - did you edit it first to suit your case ? ( fill in the XXXX's etc ?) ( just checking!)

and phew, that should have avoided a default judgment by the skin of your teeth .....

Yes! I edited all the places i could find with dates and their names and the original creditors names....eeek. I am so nervous.

I just really want to thank you for your advice, illl update when i receive any more information.