Help please, got a claim form and having a panic!!!!!

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Re: Help please, got a claim form and having a panic!!!!!

Hopefully the right way up now

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Re: Help please, got a claim form and having a panic!!!!!

could anyone help with this please as I think it has to be sent tomorrow? Thank you

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Re: Help please, got a claim form and having a panic!!!!!

I thought I had 33 days from the 22nd, ive just read that I have 28 days from the 22nd sept, this means it has to get there tommorrow??

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Re: Help please, got a claim form and having a panic!!!!!

Any help would be much appreciated please as want to send it ASAP. After reading on here I believe I have 33 days so not so much panic as I thought

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Re: Help please, got a claim form and having a panic!!!!!

1. I received the claim (C4HK8A3V) from the Northampton county court on 26 August 2016
2. Each and every allegation in the claimants statement is denied unless specifically admitted in this defence.
3. The claim appears to be for a catalogue account agreement regulated under the consumer credit act 1974.
4. the claimants statement of case fails to give adequate information to enable me to properly assess my position with regards to the claim
5. The particulars of the claim fail to state when the agreement was entered into
6. The claimants statement of case states that the account was assigned from shop direct to Lowell Portfolio l LTD on 19/02/2016. The defendant does not recall receiving notice of this assignment.
7. It is denied that Shop Direct served any Default notice on the Defendant pursuant to s87 consumer credit act 1974. The claimant is required to prove that a compliant Default Notice was served upon the Defendant.
8. On the date 30/08/2016 I sent a request for inspection of documents mentioned in the claimants statement of case under civil procedure Rule 31.14 to Lowell Solicitors limited . I requested the claimant to provide copies of the Agreement, Default Notice and Notice of Assignment.
9. Lowell solicitors limited have not sent any of these documents to me.
10. On 30/08/2016 I sent a formal request for a copy of the original agreement to Lowell Portfolio l LTD pursuant to section 78 of the consumer credit Act 1974 along with the statutory £1 fee.
11. The claimant has failed to comply with section 78 (1) consumer credit Act 1974 and by virtue of S78 (6) consumer credit Act 1974 cannot enforce the agreement.
12. Under Civil Procedure Rule 16.5 (4) Where the claim includes a money claim, a defendant shall be taken to require that any allegation relating to the amount of money claim be proved unless he expressly admits the allegation. Therefore it is expected that the claimant be required to prove the allegation that the money is owed as claimed.
13. I request the court orders the claimants to provide the necessary documentation in order for me to fully plead my case else the claim should stand struck out.
14. In the event that the relevant documents are received from the claimants I will then be in a position to amend my defence, and would ask that the claimants bear the costs of the amendment.
15. It is denied that the claimant is entitled to the relief as claimed or at all.
    Statement of Truth

The Defendantbelieves that the facts stated in this defence are true

[Amethyst]

Re: Help please, got a claim form and having a panic!!!!!

That sounds absolutely spot on

Yes it is 33 days from 22nd August, which is actually Saturday, but as it's ready you can put it in now, and no panic about being late. Are you filing it on paper or via the moneyclaim online service?

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Re: Help please, got a claim form and having a panic!!!!!

Thank you very much for your reply, I was going to post it as didn't realise I could do it online, what is best to do?

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Re: Help please, got a claim form and having a panic!!!!!

Could anyone tell me what happens next, I sent my defence back to the court and had a letter to acknowledge they recieved it but since then have had no contact, I think it's now 28 days today since it had to be in.

[nemesis45]

Re: Help please, got a claim form and having a panic!!!!!

Could anyone tell me what happens next, I sent my defence back to the court and had a letter to acknowledge they recieved it but since then have had no contact, I think it's now 28 days today since it had to be in.

Once your defence was served with your defence the claimant has 28 days + 5 for service to respond, if the claimant fails to meet this deadline the court will stay (suspend) the claim, you are not informed when this happens so you will need to check with the court as to the status of the claim.

nem

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Re: Help please, got a claim form and having a panic!!!!!

I have just called the court and the claim has been stayed

[nemesis45]

Re: Help please, got a claim form and having a panic!!!!!

I have just called the court and the claim has been stayed

OK,

Lowell Solicitors have messed up again I suspect.
You may now get some " begging " letters i.e. "we don't have anything to prove you owe us but please pay us anyway".

Keep checking the court office regularly just in case they get the stay lifted.

nem

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Re: Help please, got a claim form and having a panic!!!!!

Hopefully they will leave it now. Many thanks for all of your help so far x