Recieved 2 Claim forms

[MrMRJ]

Re: Recieved 2 Claim forms

OK, so I need to get my defence in tonight. What would you advise my defence is based on? The fact that we believe it is statute barred or should there be other things added?

Thanks for your assistance.

[warwick65]

Re: Recieved 2 Claim forms

Thanks MrMRJ

I get easily confused

So they are probably within their rights not to send them as they were not specifically asked mentioned

The powerful tool is the CCA request although as I said, in your defence you want to ask that they prove a compliant DN was issued and the agreement was assigned by production of the deed of assignment

[MrMRJ]

Re: Recieved 2 Claim forms

This thread is claim 1, there is seperate thread for claim 2.

[warwick65]

Re: Recieved 2 Claim forms

Hi MrMJ

Was this response from Restons?

Was in in response to claim 1 or claim 2

If it was claim 2 they are , imho , behaving very badly and when you win or if they discontinue you may use this as unreasonable behaviour to claim your costs!

In any event
The claims are both consumer credit claims so it should not alter your defence , they should still need to produce the documents so include them in the defence and say they refused to supply them.

[MrMRJ]

Re: Recieved 2 Claim forms

OK, so the solicitors have replied today (typical) but they have not provided anything and say they are not required to do so.

Please see attached. Does this change my defence at all.

[warwick65]

Re: Recieved 2 Claim forms

Hi MrMj

As you will see there are example defences in the green box at the top which are based on non compliance with CCA requests etc. However as Charity as posted , as you think it is statute barred it is essential you include that paragraph as well.

The way I think ( although some have disagreed) is that you don't rely on just the one thing, use whatever you have - the more the merrier - within reason.

Remember to amend your defence from the template, you wouldn't want to pt something in there that is not true

Maybe, when you have done it, post a draft (don't include personal details) and others will no doubt give some feedback.

[charitynjw]

Re: Recieved 2 Claim forms

This is the one I believe is statute barred. So could someone assist in what to put in my defence? I have absolutely no idea what to say or how to word it correctly.

Re statute-barred?
Here's one *I did earlier (Add it to the defence example).

x. The Defendant contends that any alledged debt would be statute barred by virtue of section 5 of the Limitations Act 1980 in that he has not made payment nor made any acknowledgment of this debt in more than 6 years up to the date of issue of this claim.

*It was actually our @Amethyst - http://legalbeagles.info/forums/show...082#post725082 post #13.
Plagiarism is the sincerest form of flattery, though!

[MIKE770]

Re: Recieved 2 Claim forms

[MENTION=813]Warwick[/MENTION]

[charitynjw]

Re: Recieved 2 Claim forms

Do I remove this bit? I am sending the CCA and to CPR to the same address, in this case Capquest and not the solicitors?

Being pedantic, a CCA request + fee should be sent to the creditor.
If the alleged debt has been properly assigned via the Law of Property Act 1925 & notice served, the assignee displaces the former creditor (assignor) for the purposes of the Consumer Credit Act.
Where a court claim has been issued it is reasonable to send the CCA request to the Claimant, as, by implication, they are indicating that they are the creditor.
It is wise to send a copy of the request to the Claimant's solicitor, without the fee & for informational purposes only.
As always, copies should be kept & proof of posting obtained.

[MrMRJ]

Re: Recieved 2 Claim forms

Well, Sent the CPR and CCA on the 22nd April. Still not recieved anything back. I am assuming I won't still won't have recieved anything by Saturday when I need to get my defence in.

This is the one I believe is statute barred. So could someone assist in what to put in my defence? I have absolutely no idea what to say or how to word it correctly.

Many thanks

[nemesis45]

Re: Recieved 2 Claim forms

Do i need to include a postal order with the CPR for copying purposes? As you are aware I need to complete my defense before i go on holiday 15/5, so really could do with no reason for this process to be delayed.

Thanks

No Fee For CPR31.14 request.

nem

[MrMRJ]

Re: Recieved 2 Claim forms

Do i need to include a postal order with the CPR for copying purposes? As you are aware I need to complete my defense before i go on holiday 15/5, so really could do with no reason for this process to be delayed.

Thanks

[MrMRJ]

Re: Recieved 2 Claim forms

Just completing the CPR for this claim.

Just to recap the exact Paticulars for this Claim:

" The claimant claims payment of the overdue balance due from the defendant under a contract between the defendant and Shop Direct dated on or about Apr 04 2009 and assigned to the claimant on Aug 12 2013. Particulard A/C No - xxxxxxx

Date ITEM VALUE
06/03/2017 Default Balance 2374.27
Post Refrl Cr Nil
Total 2374.27
"

So as I understand I am not able to as for default notice or formal request on the CPR as it is not mentioned above? Is Assignment in the CPR the assignment to capquest so i can ask for this? and as the mention contract I can ask for this?

Also on the CPR in red "For your information and records I enclose a copy of the formal request for a copy of the credit agreement relating to this claim, pursuant to the Consumer Credit Act 1974, which has been posted to your client with the statutory fee of £1 today, XX XXXX 201X"

Do I remove this bit? I am sending the CCA and to CPR to the same address, in this case Capquest and not the solicitors?


Thanks

[Diana M]

Re: Recieved 2 Claim forms

I will start a new thread for the smaller claim

To be continued . . . . . http://legalbeagles.info/forums/show...995#post722995

Di

[Diana M]

Re: Recieved 2 Claim forms

Thanks Diana, sorry AOS? Is thathere the same as the CAA? And is it going to the claimant or the solicitor?

Aland what about the" request under the provisions of Civil Procedure Rule 31.14" as mentioned in an earlier post.

I will start a new thread for the smaller claim

Glad to see you've got your fighting spirit back!

AOS stands for Acknowledgement of Service which you can do online.

You'll need to state that you intend to defend all of the claim(s). But don't enter anything in the "Defence" box at this stage - it's an easy mistake to make.

A Beagle will help you with links to the template letters you need to send.

Di