I'm posting on behalf of my partner as she can't mentally cope with this sort of thing.
She received a court claim in the post on the 26th August just minutes before we were about to go away for a week. Now we're back we obviously need to deal with it as quickly as possible.
The claim is for an alleged debt originally with Provident
1) The Defendant entered into a Consumer Credit Act 1974 regulated agreement with Provident Personal Credit Limited under account reference XXXXXX ('the Agreement').
2) The Defendant failed to maintain the required payments and a default notice was served and not complied with.
3) The Agreement was later assigned to the Claimant on 31/10/2015 and notice given to the Defendant.
4) Despite repeated requests for payment, the sum of £9xx.xx remains due and outstanding.
And the Claimant claims
a) The said sum of £9xx.xx
b) Interest pursuant to s69 County Courts Act 1984 at the rate of 8% per annum from the date of assignment to the date of issue, accruing at a daily rate of £0.2xx, but limited to one year, being £6x.xx
c) Costs
I have just posted the acknowledgment of service stating that she intends to defend the claim.
I am now writing the CPR 31 request and CCA request letters using the templates on this site, but am struggling a bit with understanding parts of them.
The CPR 31 request template includes this line: "To enable me to file my defence and/or counterclaim, I require inspection of documents you mention in your statement of case ahead of filing my defence on XX XXXX 201X"
I am unsure what date I am supposed to put in as the date for filing the defence.
Also, who do I send the CPR 31 request to? Do I send it to Lowell Portfolio 1 LTD or to Lowell Solicitors LTD? It says in the template "Claimants Name and Claimants Address", the claimant is Lowell Portfolio 1 LTD but reading other posts it says to send it to the solicitor??
Can I send a cheque from my cheque book for the £1 payment for the CCA request? Who should I make it payable to?
Sorry if these are daft questions but to be honest, I'm struggling to understand the whole process as I've never had to deal with anything like this before.
Thanks in advance for any help
N
She received a court claim in the post on the 26th August just minutes before we were about to go away for a week. Now we're back we obviously need to deal with it as quickly as possible.
The claim is for an alleged debt originally with Provident
1) The Defendant entered into a Consumer Credit Act 1974 regulated agreement with Provident Personal Credit Limited under account reference XXXXXX ('the Agreement').
2) The Defendant failed to maintain the required payments and a default notice was served and not complied with.
3) The Agreement was later assigned to the Claimant on 31/10/2015 and notice given to the Defendant.
4) Despite repeated requests for payment, the sum of £9xx.xx remains due and outstanding.
And the Claimant claims
a) The said sum of £9xx.xx
b) Interest pursuant to s69 County Courts Act 1984 at the rate of 8% per annum from the date of assignment to the date of issue, accruing at a daily rate of £0.2xx, but limited to one year, being £6x.xx
c) Costs
I have just posted the acknowledgment of service stating that she intends to defend the claim.
I am now writing the CPR 31 request and CCA request letters using the templates on this site, but am struggling a bit with understanding parts of them.
The CPR 31 request template includes this line: "To enable me to file my defence and/or counterclaim, I require inspection of documents you mention in your statement of case ahead of filing my defence on XX XXXX 201X"
I am unsure what date I am supposed to put in as the date for filing the defence.
Also, who do I send the CPR 31 request to? Do I send it to Lowell Portfolio 1 LTD or to Lowell Solicitors LTD? It says in the template "Claimants Name and Claimants Address", the claimant is Lowell Portfolio 1 LTD but reading other posts it says to send it to the solicitor??
Can I send a cheque from my cheque book for the £1 payment for the CCA request? Who should I make it payable to?
Sorry if these are daft questions but to be honest, I'm struggling to understand the whole process as I've never had to deal with anything like this before.
Thanks in advance for any help
N
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