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Small claims court

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  • Small claims court

    A few months ago i received a court claim which i defended etc. since then, i have not hard any communication from the solicitors.

    I then received a letter stating that the claim is likely to go to small claims ( debt is for around £400) and that as such they didn't have to comply with the CCA and CPR requests i had sent, but that they would try out of good will.

    Can anyone advise the best way to deal with it? Thanks everyone, in advance.
    Tags: None

  • #2
    Re: Small claims court

    From what you say it sounds like you've received a Directions Questionnaire.

    So who is the Claimant, who are the solicitors, and what is the claim for (original creditor if sold on) such as credit card, overdraft, loan, mobile phone etc?

    If the Claimant says they don't have to comply with your CCA or CPR Requests then that is a matter of opinion not fact. Maybe they do, maybe they don't. We'll see.

    Debt purchasers aren't known for dishing out "goodwill" so I expect that means they know they have to prove their claim somehow and it's possibly a tacit admission that they're not yet in a position to do that.

    Di

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    • #3
      Re: Small claims court

      Thank you for your reply, i really appreciate it.I have the letter, i have posted it below.
      Attached Files

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      • #4
        Re: Small claims court

        Originally posted by ElliD View Post
        I have the letter, i have posted it below.
        So you've not received a Directions Questionnaire and the claim remains stayed?

        I'm not seeing the "goodwill" word in that letter which you referred to in your previous post.

        They refer to the claim now being dealt with by their in-house litigation team so were there solicitors previously instructed?

        If the claim is stayed and you made a valid s 77-79 CCA Request and a valid CPR 31.14 Request neither of which has been complied with then maybe that letter doesn't require a response.

        Di

        Comment

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        SHORTCUTS


        First Steps
        Check dates
        Income/Expenditure
        Acknowledge Claim
        CCA Request
        CPR 31.14 Request
        Subject Access Request Letter
        Example Defence
        Set Aside Application
        Directions Questionnaire



        If you received a court claim and would like some help and support dealing with it, please read the first steps and make a new thread in the forum with as much information as you can.





        NOTE: If you receive a court claim note these dates in your calendar ...
        Acknowledge Claim - within 14 days from Service

        Defend Claim - within 28 days from Service (IF you acknowledged in time)

        If you fail to Acknowledge the claim you may have a default judgment awarded against you, likewise, if you fail to enter your defence within 28 days from Service.




        We now feature a number of specialist consumer credit debt solicitors on our sister site, JustBeagle.com
        If your case is over £10,000 or particularly complex it may be worth a chat with a solicitor, often they will be able to help on a fixed fee or CFA (no win, no fee) basis.
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