County Court Claim Form Received !!!

[nemesis45]

Re: County Court Claim Form Received !!!

Hi nemesis45

Thanks for your reply, as for the CCA its now been 14 working days with no response, and as for the CPR letter i had a reply and i was granted the 28 days...
I spoke to the court as mentioned above an the 16th January 2016 is my 28 days up as it falls on a saturday i was told that i have until the monday, so just want to try and gain as much information and get the defence in place to submit on the weekend.

As for the letter of documentation asking what i had any in my possession, i replied with a copy of a Template from the forum and stated that i have no documents in my possession whatsoever..

kind regards

Good morning Howie,

Leave the CCA request, the debt is unenforceable until (if) they supply the agreement.

Which you mention in your defence as.

on date I sent a request under the provisions of section (77/78) of CCA 1974 to the claimant with the £1.00 statutory fee.


to date the claimant has not responded to my request and is therefore unable to enforce the debt.

nem

[howie94]

Re: County Court Claim Form Received !!!

Good morning Howie,

Leave the CCA request, the debt is unenforceable until (if) they supply the agreement.

Which you mention in your defence as.

on date I sent a request under the provisions of section (77/78) of CCA 1974 to the claimant with the £1.00 statutory fee.


to date the claimant has not responded to my request and is therefore unable to enforce the debt.

nem

Hi nemesis45

Thank you for the reply, i still havent heard from the CCA so as you mentioned thay have no agreements or evidence to provide.
Im curious is there a Template or a guide of a Defence i can use please, as i wont to get this in order ready for the weekend and submit too MCOL ??

kind regards

[nemesis45]

Re: County Court Claim Form Received !!!

Hi nemesis45

Thank you for the reply, i still havent heard from the CCA so as you mentioned thay have no agreements or evidence to provide.
Im curious is there a Template or a guide of a Defence i can use please, as i wont to get this in order ready for the weekend and submit too MCOL ??

kind regards

Hello Howie,

The best way I find is for members to have a look around the others
threads on the forum and check out the defences, then make a rough
draft post it here then we can go through it with you.

nem

[howie94]

Re: County Court Claim Form Received !!!

Hello Howie,

The best way I find is for members to have a look around the others
threads on the forum and check out the defences, then make a rough
draft post it here then we can go through it with you.

nem

Hi all

I have drafted up My Defence too submit to MCOL, can you have a look and state if all is ok please ???

Kind Regards [MENTION=6]Amethyst[/MENTION] [MENTION=55034]nemesis45[/MENTION]

[howie94]

Re: County Court Claim Form Received !!!

Hi all

Can anyone help please !!!

Before I put the a Defence through to MCOL just need to know if it's correct or not ?

Regards

[howie94]

Re: County Court Claim Form Received !!!

Hi

Anyone like to reply..??

regards

[Amethyst]

Re: County Court Claim Form Received !!!

Hi howie, sorry your post has been missed , I'll have a read through the defence now for you xxxx

[howie94]

Re: County Court Claim Form Received !!!

Hi howie, sorry your post has been missed , I'll have a read through the defence now for you xxxx

Thank you I have submitted today so I hope it's ok !!! Fingers crossed

Regards

[Amethyst]

Re: County Court Claim Form Received !!!

Very good so far xx

Para 10 should just be s. 77, Para 11 should be 77(1) and 77(4) and rake out the square brackets.

77 of the cca is relevant to fixed sum agreements (ie a loan)

[Amethyst]

Re: County Court Claim Form Received !!!

Ahh just saw you put it in ... its fine quoting both paras of the CCA, just me being picky xx

[howie94]

Re: County Court Claim Form Received !!!

Hi Amethyst

I have submitted so I just hope it's ok, fingers crossed... 😬

Kind regards

[Amethyst]

Re: County Court Claim Form Received !!!

Yes it is absolutely fine, it was simply taking out the unecessary references to s.77 but it is not in any way fatal or damaging to your defence at all. Apologies for not seeing it before you had to submit. xxx

[howie94]

Re: County Court Claim Form Received !!!

Yes it is absolutely fine, it was simply taking out the unecessary references to s.77 but it is not in any way fatal or damaging to your defence at all. Apologies for not seeing it before you had to submit. xxx

Hi there

I received this letter today a counter offer of 50% off the full payment, im definitely leaving my Defence stand.

Has anyone got any input on this please ?? @Amethyst @nemesis45

Kind regards

Howie

[howie94]

Re: County Court Claim Form Received !!!

Hi there

I received this letter today a counter offer of 50% off the full payment, im definitely leaving my Defence stand.

Has anyone got any input on this please ?? @Amethyst @nemesis45

Kind regards

Howie

Hi All

Would anyone like too comment or advise please?

Kind regards

[Stu]

Re: County Court Claim Form Received !!!

If you still haven't received anyy documents Howie Ie cpr request, no action can be taken as you are aware ... I can only go by my case and the similar situation to you no documents and an offer of a 70% discount to settle I knew they were clutching at straws and I ignored the offer and as mediation was not an option they sent me a letter of discontinuance 14 days later .... Go with your gut