MONKEYMOO COURT CLAIM THREAD

[monkeymoo]

Re: Recived a Claim Form from Lowell Solicitors -

Let us know when acknowledged & back on track.
We can then look further.

hi guys,

I have acknowledged, what do I do now? To reiterate, I do not dispute that I owe the money, I sent off a CCA request and heard nothing back from Howard Cohen, instead got a letter from the previous colectors that they had cashed the £1 postal order and used It towards the debt.
Please help.

Thank you

[MIKE770]

Re: Hello, Advice Please Re Howard Cohen/Robinson Way Letter Threatening Legal Action

you may not dispute the debt but do not tell them that or it will be all over, the question is is it unenforceable or not?

also they cannot/should not credit the £1.00 to the account as it is not a payment but a legally required application for details of a CCA1974 request and has to be used as such. stop this I owe it to some body who only paid 10 pence in the pound for it and want to make thousands out of you??

as far as the previous collectors letter keep that safe

[monkeymoo]

Re: Hello, Advice Please Re Howard Cohen/Robinson Way Letter Threatening Legal Action

in terms of unenforceable if the debt is not relating to the car loan, then I have no idea, another reason the CCA request could of come in handy, so in terms of this lets just go with the premise I have no idea what the debt is for? whether it be statue barred or not, if it is the car loan then yes I guess as its under 6 years it is enforceable

- - - Updated - - -

you may not dispute the debt but do not tell them that or it will be all over, the question is is it unenforceable or not?

also they cannot/should not credit the £1.00 to the account as it is not a payment but a legally required application for details of a CCA1974 request and has to be used as such. stop this I owe it to some body who only paid 10 pence in the pound for it and want to make thousands out of you??

as far as the previous collectors letter keep that safe

in terms of unenforceable if the debt is not relating to the car loan, then I have no idea, another reason the CCA request could of come in handy, so in terms of this lets just go with the premise I have no idea what the debt is for? whether it be statue barred or not, if it is the car loan then yes I guess as its under 6 years it is enforceable

[Kati]

Re: MONKEYMOO COURT CLAIM THREAD

@Kati can you please separate the threads it causing confusion,

no problem [MENTION=95567]monkeymoo[/MENTION] ... this one's YOUR thread xx

[charitynjw]

Re: MONKEYMOO COURT CLAIM THREAD

You now should send a CPR 31.14 request (example, top of this thread) to the legal rep per the court claim form.
There is no fee payable.

Ask for the copies of agreement, the Notice of Assignment & the CCA s87 Default notice.

Don't forget proof of posting.

[nemesis45]

Re: MONKEYMOO COURT CLAIM THREAD

no problem @monkeymoo ... this one's YOUR thread xx

Thank You [MENTION=49370]Kati[/MENTION]

[monkeymoo]

Re: MONKEYMOO COURT CLAIM THREAD

You now should send a CPR 31.14 request (example, top of this thread) to the legal rep per the court claim form.
There is no fee payable.

Ask for the copies of agreement, the Notice of Assignment & the CCA s87 Default notice.

Don't forget proof of posting.

hi guys, I am posting this letter today, I have a question the claimants address and the address for sending documens are different addresses and companies, the claimant is hoist portfolio and the addres for letter is Howard cohen and co's address and co so which one do I send it to?

[charitynjw]

Re: MONKEYMOO COURT CLAIM THREAD

Imho
Claimant's name on letter.
Address on envelope c/o solicitors.
Keep copies & get proof of postage.

[monkeymoo]

Re: MONKEYMOO COURT CLAIM THREAD




26.01.2017

Hoist Portfolio Holdings 2 LTD
R/O First Floor, Le Masurier House,
LaRue Le Masurier
StHellier, Jersey
JE24YE

Dear Sirs,

Claim Number: ########

Request for documents mentioned in a statement of case under CPR 31.14

On ######## I received aCounty Court claim from yourselves of which I have acknowledged receipt..

To enable me to file my defence and/or counterclaim, I require inspection ofdocuments you mention in your statement of case ahead of filing my defence on #######

1. Agreement
2. Default Notice
3. Assignment

In accordance with CPR 31.15(c) I undertake to beresponsible for your reasonable copying costs incurred in complying with thisCPR 31.14 request.

You should note that this claim has not yet been allocated to a specific trackand the provisions of CPR 27(2) are of no effect. Had your claim not beenissued through CCBC the Claimant would have been obliged to attach copies ofthe documentation upon which it relies to the Particulars of Claim. I , asDefendant, am entitled to see the documents on which the Claimant relies andwhich you will have to produce at trial. Disclosure at this stage will enableme to fully plead my case and further the Overriding Objective.

You should ensure compliance with your CPR 31 duties and ensure that thedocument(s) I have requested are copied to and received by me within 7 days ofreceiving this letter.

If you require more time in which to comply with this request you must tell mein writing and confirm your agreement to an extension of the time allowed forme to file my defence as allowed under CPR 15.5 so I may notify the court.



I look forward to hearing from you.

Yours sincerely



is this correct?

[charitynjw]

Re: MONKEYMOO COURT CLAIM THREAD

'Notice of Assignment' would be more precise.
Also, the spacing between some words needs tweaking.

[nemesis45]

Re: MONKEYMOO COURT CLAIM THREAD

Hi just amend assignment to Notice Of Assignment.

CPR request goes to the claimants solicitors or legal representative.

nem

[monkeymoo]

Re: MONKEYMOO COURT CLAIM THREAD

HI guys. Just wondering what I need to submit in my defence. I selected defending in full on my acknwoledgment. Also if I haven't heard from my cpr request what do I do?

[charitynjw]

Re: MONKEYMOO COURT CLAIM THREAD

The claim issue date was 10th Jan 2017?
If so, your defence isn't due until 12th Feb. (Which according to my math is a Sunday, so Mon 13th Feb, 4pm latest).

[monkeymoo]

Re: MONKEYMOO COURT CLAIM THREAD

The claim issue date was 10th Jan 2017?
If so, your defence isn't due until 12th Feb. (Which according to my math is a Sunday, so Mon 13th Feb, 4pm latest).

Hi guys, I need to submit my defence by Monday? And I still have not received a letter since my request.

Help ????

[charitynjw]

Re: MONKEYMOO COURT CLAIM THREAD

There is a defence example at the top of this thread.
Tweak it to suit your case.