court claim from lowell for provident. plz help

[Diana M]

Re: court claim from lowell for provident. plz help

I probably will resend it. And send it guaranteed.

If you decide to do that then enclose a copy of the first CCA Request you sent together with a copy of your proof or posting (the 'signed for' receipt given to you at the post office counter).

Tell them that since you've not received any acknowledgement of your first CCA Request you are sending another but also remind them that the statutory deadline for complying with your request runs from the date of the first one you sent.

As far as the court is concerned the first one would be "deemed served" if you have proof of posting.

However if you feel more comfortable sending another then that's no bad thing just don't let them shift the deadline for complying by another two weeks.

Di

[flicky1314]

Re: court claim from lowell for provident. plz help

[MENTION=87380]Diana M[/MENTION]. Thank you hun I'll do that x

[Diana M]

Re: court claim from lowell for provident. plz help

@Diana M. Thank you hun I'll do that x

Doing it this way will send out the signal that you're not daft so the fact they may pretend not to have received your first CCA request (implying you never sent it so they didn't need to comply) won't wash.

Keep checking the Royal Mail website for any update - it can take 14 working days for it to update/upload information.

In court last week a barrister who shall remain nameless (let's call him Pinocchio ) told the court that we hadn't served our client's witness statement. We were able to produce the Special Delivery receipt.

The fact the WS was also in the Trial Bundle helped too.

So the DJ adjourned for ten minutes to give him Mr Pinocchio time to read it.

That possible 'untruth' set the scene for the rest of the morning. It's always useful to let the judge know the other side isn't entirely honest so their whole credibility becomes an issue.

Di

[flicky1314]

Re: court claim from lowell for provident. plz help

Ok thank u. I just don't want them to say they never received the first one even when I posted it. So like u say at least if I send another it's proof. Just worrying a little as only 13 days left for defence.

[Diana M]

Re: court claim from lowell for provident. plz help

I just don't want them to say they never received the first one even when I posted it. So like u say at least if I send another it's proof. Just worrying a little as only 13 days left for defence.

They have 12 working days to comply with your CCA Request before you can say they haven't complied (obviously).

If your Defence is due to be filed before that deadline expires (for your second Request) then consider whether it may make sense to refer to your first CCA Request in your Defence, because that one will be in a period of non compliance at the time you file your Defence.

If you follow me.

Also thirty days must elapse between CCA Requests (in order for the subsequent one to be valid) if you want to claim non-compliance (with the second one).

Di

[flicky1314]

Re: court claim from lowell for provident. plz help

[MENTION=87380]Diana M[/MENTION] I really haven't a clue what you just said lol. I'm sorry. I'll send it off and nearer the time come back to you if and when I hear anything. As I'll prob need some help with my defence. But thank you for the advice. X

[flicky1314]

Re: court claim from lowell for provident. plz help

[MENTION=87380]Diana M[/MENTION] I've sent off the second cca request with a photocopy of the first cca and sent it special delivery but I forgot to put a photocopy of first receipt as proof of first cca will it matter??

[warwick65]

Re: court claim from lowell for provident. plz help

Not the end of the world

Did you tell them you had sent the first CCA request rather than just including a copy?

I'm sure Di will pop in to reassure you (or slap my wrist)

[Diana M]

Re: court claim from lowell for provident. plz help

@Diana M I've sent off the second cca request with a photocopy of the first cca and sent it special delivery but I forgot to put a photocopy of first receipt as proof of first cca will it matter??

It won't really matter if you sent the covering letter I suggested where you told them that you had previously send a CCA Request on such-and-such a date etc.

It would have been nice to have included the proof of posting from the first request to make them acutely aware of the situation, as long as you have still got that evidence which you can produce later if you need it.

Di

[flicky1314]

Re: court claim from lowell for provident. plz help

Hi guys. Yeah I did say In the letter that I had previously sent one and the date. I've also still got the first postage proof.

[flicky1314]

Re: court claim from lowell for provident. plz help

Hi guys. Well I haven't received anything yet but defence is due next Monday. Shall I start preparing it. Getting worried now.

[Diana M]

Re: court claim from lowell for provident. plz help

By all means start to prepare your Defence now, but a week is a long time in legal proceedings so be prepared to edit it (before you file it) if anything changes or materialises in the meantime.

You want to avoid the expense and faff of seeking permission from the court to file an Amended Defence if needed.

Di

[MIKE770]

Re: court claim from lowell for provident. plz help

Defence Example

[flicky1314]

Re: court claim from lowell for provident. plz help

Ok thank you [MENTION=87380]Diana M[/MENTION] and [MENTION=3599]MIKE770[/MENTION] I'll give it another couple of days see if anything turns up. When I have done it can i plz post it for you to give it the once over and check if it's ok

[Diana M]

Re: court claim from lowell for provident. plz help

Ok thank you @Diana M and @MIKE770

You can always rely on @MIKE770 to provide template links on Room Service

Di