Checking a county court claim form is real

[Diana M]

Re: Checking a county court claim form is real

spoke to Mediation today and informed them that my wife does not have the necessary paperwork and based on this will not be making an offer. So they have said it will now go back to the courts to be allocated.

So what next?? I know my wife has to wait for the court date to come through before a letter can be sent off to say that she will not be attending and will submit written evidence for the case to be decided, so I guess until that comes through, there is nothing else that can be done?

What happens if they send paperwork through in regards to the CCA request?

Is it 12 working days from when the request was sent for them to respond to?

The next thing you'll receive is a Notice of Transfer to your local County Court.

Then you'll hear direct from your local County Court with a Notice of Hearing including Directions. Depending on what part of the country you live it may take up to a couple of months for the dates to be fixed.

Added to that courts are closed for the best part of two weeks over the Christmas holidays so you wife's hearing is likely to be listed for early next year.

Before the hearing your wife will be required to file her Witness Statement. She needs to make that as comprehensive as possible if she doesn't plan to attend the hearing and wants the court to make its decision based on her paper evidence.

She must inform the court at least 7 days before the hearing that she will not be attending.

The statutory 'deadline' for responding to your CCA Request is 12 working days + 2 days for service/postage. After that the debt becomes unenforceable in court until or unless they produce the documents.

Once you hear or receive anything from anyone you can post on your thread to seek opinion.

Always respond to the name and address stated on the Claim Form as the name and address for service unless you hear different from the court.

If your wife receives documents and wants to Mediate as a result, then you can contact the SCMS to see if they will give you/her an appointment.

The best think to do is consider your options as the situation develops since things may change as information (or lack of) unfolds.

See it as Work in Progress

Di

[fidelandche]

Re: Checking a county court claim form is real

Hi all,

My wife had the court date come through the post today and it is set for the middle of February. Also BW Legal also sent through a copy of the CCA. Should the CCA not have come from Lowells?

Now in regards to the CCA, the first request sent off in September and because I lost the proof of posting, I had to send off another request in November. So is the debt still forcible? Also Lowells did acknowledge that they got the first request for the CCA in December but did nothing about it.

Also looking at the CCA, my wife's signature is not on it, only a typed name and date. So by my thinking they (Lowells or BW Legal) could have put that on themselves. Also they keep referring to my wife as Mr and not Mrs.

I know she has only till the 1st February to get her witness statement in, so where do we go from here?

How do we prepare the witness statement?

How would I put about her mental health in the statement?

How do we go about checking that the CCA is correct and not just one they have found and typed her name in?

At this point as the CCA has come through (even though I don't think it's the original!) is it worth fighting? Or trying to see if my wife can go down the mediation route as she turned it down the last time as no CCA had been sent through.

I will have more questions as the time for submitting the statement gets closer.

[nemesis45]

Re: Checking a county court claim form is real

Hi all,

My wife had the court date come through the post today and it is set for the middle of February. Also BW Legal also sent through a copy of the CCA. Should the CCA not have come from Lowells?

Now in regards to the CCA, the first request sent off in September and because I lost the proof of posting, I had to send off another request in November. So is the debt still forcible? Also Lowells did acknowledge that they got the first request for the CCA in December but did nothing about it.

Also looking at the CCA, my wife's signature is not on it, only a typed name and date. So by my thinking they (Lowells or BW Legal) could have put that on themselves. Also they keep referring to my wife as Mr and not Mrs.

I know she has only till the 1st February to get her witness statement in, so where do we go from here?

How do we prepare the witness statement?

How would I put about her mental health in the statement?

How do we go about checking that the CCA is correct and not just one they have found and typed her name in?

At this point as the CCA has come through (even though I don't think it's the original!) is it worth fighting? Or trying to see if my wife can go down the mediation route as she turned it down the last time as no CCA had been sent through.

I will have more questions as the time for submitting the statement gets closer.

Did you send a CPR 31.14 request to the solicitor that asked for a copy of the agreement?

Please post a copy of the complete agreement so we can see if it is compliant or not, before you make any moves.

nem

[fidelandche]

Re: Checking a county court claim form is real

Thanks for the quick response,

I sent the request for the CCA to Lowells as they are the claimant and informed the solicitor that's what I was doing. Lowells responded with saying that they have forwarded the request to BW Legal.

Ok, I will post a copy of the agreement tomorrow as not having access to a copier at home. Or would just a picture from my phone do for now until I can get a proper copy posted?

[nemesis45]

Re: Checking a county court claim form is real

Thanks for the quick response,

I sent the request for the CCA to Lowells as they are the claimant and informed the solicitor that's what I was doing. Lowells responded with saying that they have forwarded the request to BW Legal.

Ok, I will post a copy of the agreement tomorrow as not having access to a copier at home. Or would just a picture from my phone do for now until I can get a proper copy posted?

Hi it's worth a try with the phone.

nem

[MIKE770]

Re: Checking a county court claim form is real

needs to be redacted i.e. cover personal info/account number?

[fidelandche]

Re: Checking a county court claim form is real

here are some of them

[fidelandche]

Re: Checking a county court claim form is real

I did send a CPR 31.14 to BW Legal.

[charitynjw]

Re: Checking a county court claim form is real

I can't easily read the above photo's.
Is there only 1 set of T&C's?

[nemesis45]

Re: Checking a county court claim form is real

I did send a CPR 31.14 to BW Legal.

This has the name and address as it was when the account was opened?

This appears to be an attempt to produce a " reconstituted " agreement But if it is a recon then there should be two distinct sets of terms and conditions.

Also read through each page carefully to see if any term or condition is mentioned but does not actually appear.

As it stands imo it is incomplete and not complaint with the CCA request.

Was there a covering letter if so how was the agreement described?

nem

[fidelandche]

Re: Checking a county court claim form is real

I can't easily read the above photo's.
Is there only 1 set of T&C's?

It was the only set of T&C's, I will post better pictures tomorrow as no access to a copier at home.

[fidelandche]

Re: Checking a county court claim form is real

This has the name and address as it was when the account was opened?

Sorry if I'm being at bit dumb, do you mean when the CPR was sent off, did I give my wife's name and address as when the account was opened? But otherwise it is the same name and address back then (we have moved since the account was opened) But the letter keeps referring to my wife as Mr.

This appears to be an attempt to produce a " reconstituted " agreement But if it is a recon then there should be two distinct sets of terms and conditions.

Also read through each page carefully to see if any term or condition is mentioned but does not actually appear.

As it stands imo it is incomplete and not complaint with the CCA request.

Was there a covering letter if so how was the agreement described?

nem

The covering letter states

" we write in relation to the above matter and our recent correspondence.

Please find enclosed a copy of the Credit Agreement as requested from out client"

[nemesis45]

Re: Checking a county court claim form is real

The covering letter states

" we write in relation to the above matter and our recent correspondence.

Please find enclosed a copy of the Credit Agreement as requested from out client"

As said I don't believe it's compliant.

nem

[charitynjw]

Re: Checking a county court claim form is real

It was the only set of T&C's, I will post better pictures tomorrow as no access to a copier at home.

Could you include details/markings which may be on the bottom of the T&Cs?
There is normally an indication of the version (& therefore the relevant period to which they are applicable).

[fidelandche]

Re: Checking a county court claim form is real

In regards to it being the correct address when the account was opened, it is correct apart from using Mr all the time. Is that anything that can be used?