Court summons

[fatpud12]

Hi I received court summons from Mortimer solicitors yesterday to a debt to capital 1 I have filed a defence on mcol yesterday can you advise what to do next please

[EXC]

Re: Court summons

Firstly read the links in the Green bar here http://www.legalbeagles.info/forums/...-a-Court-Claim

[fatpud12]

Re: Court summons

Hi thanks for the reply I have had no paperwork off these so no reference no to request details except for reference no on court papers

[EXC]

Re: Court summons

I'll give [MENTION=55034]nemesis45[/MENTION] and [MENTION=6]Amethyst[/MENTION] a shout.

[nemesis45]

Re: Court summons

I'll give @nemesis45 and @Amethyst a shout.

Got it [MENTION=332]EXC[/MENTION] thanks
nem

[nemesis45]

Re: Court summons

Hi thanks for the reply I have had no paperwork off these so no reference no to request details except for reference no on court papers

Hello fatpud, responding to tag by [MENTION=332]EXC[/MENTION]

Please tell me what you have entered as a defence asap?

I will list the things you need to do first.

1. A request to the Claimant as named on the N1 Claim form for a copy of the agreement relevant to the alleged debt. (CCA Request).
There is a £1 statutory fee to pay, use a Postal Order endorsed " For Statutory Fee Only" the claimant has 12 + 2 Working Days to comply.
Send by signed for post: There is a template in the forum library.

2. A request under the provisions of Civil Procedure Rule 31 .14 (no fee) this for the documents mentioned in the Statement of Claim as on Form N1.
No other documents can be requested.
This request goes to the solicitor by signed for post, it has a nominal 7 days for compliance. Template in the forum library.

I would if possible like to see a copy of the claim form if can remove personal details and post it here. Or Type in the statement of claim verbatim.

nem

[fatpud12]

Re: Court summons

Hi nem not sure how I send copy but wording on claim as follows by an agreement between capital one and the defendant on or around 05/05/2008(the agreement) capital one agreed to issue the defendant with a credit ca rd .the defendant failed to make the minimum payment due and the agreement was terminated .the agreement was assigned to the claimant.the claimant therefore claims 505£

[fatpud12]

Re: Court summons

Sorry forgot just put on mcol that I am defending claim against me no defence offered

[nemesis45]

Re: Court summons

Hi nem not sure how I send copy but wording on claim as follows by an agreement between capital one and the defendant on or around 05/05/2008(the agreement) capital one agreed to issue the defendant with a credit ca rd .the defendant failed to make the minimum payment due and the agreement was terminated .the agreement was assigned to the claimant.the claimant therefore claims 505£

Ok : For the CPR 31 .14 you can ask for:
1. The Agreement, The Termination Notice, and The Notice of Assignment.

2.Do you know when you made the very last payment on the account?

3. Do you know the default date? If not for guidance ( If you haven't done so) check
your credit reference filles. Noddle is Free Online.

nem

[fatpud12]

Re: Court summons

OK nem I will check that out thank you for your help I will let you know how I get on

[nemesis45]

Re: Court summons

OK nem I will check that out thank you for your help I will let you know how I get on

Just tag [MENTION=55034]nemesis45[/MENTION] when you are ready and I'll pick up the thread.

nem

[fatpud12]

Court action

Hi received reply from Mortimer Clarke sol re my request of docs under CPR request got this reply "our client Cabot remains willing to settle bla bla they are willing to refuse by 50% I have had no reply from Cabot re my CCA request my defence needs to be entered by this Wednesday any help please

[nemesis45]

Re: Court action

Hi received reply from Mortimer Clarke sol re my request of docs under CPR request got this reply "our client Cabot remains willing to settle bla bla they are willing to refuse by 50% I have had no reply from Cabot re my CCA request my defence needs to be entered by this Wednesday any help please

HI fatud responding to your PM.
Sounds like clutching at straws to me.

The debt is currently unenforceable, do you have a defence prepared?

nem

[Amethyst]

Re: Court action

If there is still no sign of the agreement then I would push on with defending. Have a look here to help you get started http://www.legalbeagles.info/forums/...t-Court-Claims - unless the claims for a relatively low sum and 50% settlement would make life simpler of course.