court claim from lowell for provident. plz help

[flicky1314]

Re: court claim from lowell for provident. plz help

Hi guys just to let you know I sent everything off. Cca request. Cpr request and sar to provident. The sar has been signed for and the cpr but when I check for the cca on royal mail it says that it's still processing through their system and proof of delivery not available yet. So what do i do as times going on ?? Any advice would be great thanks in advance x

[MIKE770]

Re: court claim from lowell for provident. plz help

it got there no doubt , Post office box numbers usually problem no sign for as job lot, Royal mail signature system is hit or miss, you will no doubt get a letter refering to your letters as I did

[warwick65]

Re: court claim from lowell for provident. plz help

I would raise a complaint with Royal mail giving them a tracking number and say there is no proof of delivery

They have always come back to me with an email saying it was delivered - even if there is no signature it would add to the weight of evidence if it were ever needed.

[flicky1314]

Re: court claim from lowell for provident. plz help

Thanks guys. Do i just go into the p.o then and do that as checked again this morning and it's still saying the same thing. I'm getting worried now. Also had a letter from Lowell solicitor yesterday to say they are getting into contact with their client to get the paperwork they need and my account is on hold until then. But I'm just so worried about the cca request.

[charitynjw]

Re: court claim from lowell for provident. plz help

Hi flicky

Your defence is not due yet....I see the date has been thrashed out on previous posts.....so no need to panic.
If you used the forum template CPR 31.14 letter, within same is an invitation to the Claimants for a 28 day extension to the current due 'defence date'. If they agree to the extension, you (the Defendant) will need to inform the court of this.
But either way, the Claimant's 'account on hold' means nothing in the court proceedings.
Stick to the court timetable.
If you are really concerned about the CCA request not being delivered, you could resend it (+ another £1 fee) via ordinary first class post. Proof of posting is usually counted as proof of delivery within 2 days, & you can get a free certificate of posting to evidence the fact.
Belt & braces, if you like!

[flicky1314]

Re: court claim from lowell for provident. plz help

Well phoned royal mail today as it's been two weeks since I posted the cca request. And they have said it hasn't been delivered and don't know why. Gives you a lot of faith eh lol. So I'm gonna send another one today special delivery at least I know they will get it then .

[charitynjw]

Re: court claim from lowell for provident. plz help

£6-odd min for guaranteed delivery.

[flicky1314]

Re: court claim from lowell for provident. plz help

Yeah I know but at least they receive it and I have proof. I need everything I can in my favour for my defence.

[MIKE770]

Re: court claim from lowell for provident. plz help

proof of posting a judge will accept been there read the book and wrote the review! your main defence is the bulk of a case. but if a judge mentions the white book then you know they have no clue, (white book is a reference book written by sme lawyers)

[charitynjw]

Re: court claim from lowell for provident. plz help

Interpretation Act 1978 s7

References to service by post.

Where an Act authorises or requires any document to be served by post (whether the expression “serve” or the expression “give” or “send” or any other expression is used) then, unless the contrary intention appears, the service is deemed to be effected by properly addressing, pre-paying and posting a letter containing the document and, unless the contrary is proved, to have been effected at the time at which the letter would be delivered in the ordinary course of post.

[flicky1314]

Re: court claim from lowell for provident. plz help

Thanks [MENTION=3599]MIKE770[/MENTION] so u think I'll be ok then. No need to send again.
[MENTION=5553]charitynjw[/MENTION] I'm sorry but I haven't a clue what all that means x

[charitynjw]

Re: court claim from lowell for provident. plz help

It means that if a letter is correctly addressed, stamped & posted, it is deemed to be delivered unless it can be proven otherwise.
1st class post is deemed received 2 days from posting.
Proof of posting (free certificate of posting from Post Office) is advised,

[flicky1314]

Re: court claim from lowell for provident. plz help

Ok well the lady on the phone said it hasn't been delivered and she couldn't tell me why and advised me to send it again. So God knows where it is. Yet a the others arrived ok.

[charitynjw]

Re: court claim from lowell for provident. plz help

If it were me, I'd resend it.
Your choice whether to do so 'guaranteed' or 1st class.

[flicky1314]

Re: court claim from lowell for provident. plz help

Ok thank u. I probably will resend it. And send it guaranteed.