New Court Claim Form Sent to Wrong Address

[warwick65]

Re: New Court Claim Form Sent to Wrong Address

Charity has given you the time limits and what to do it you ask for and they grant an extension.

Personally I don't see why you should give them more time to get their act together and produce documents or realise they have cocked up.

Get your defence in either the day it is due (by 4pm) or the day before . My preference is the day before in case of IT glitches ( Ask BA if they happen)

[monkeybus]

Re: New Court Claim Form Sent to Wrong Address

The claimant has now responded and they are refusing to provide any documents, stating:

We thank you for your letter and acknowledge your request for documentation pursuant to the Consumer Credit Act 1974.

We do not accept that we are the creditor as envisaged by the above statute.

This account arose under an overdraft facility. Even if this account was regulated under the Consumer Credit Act 1974, Part V of the Act does not apply to this facility and there will accordingly be no executed agreement.

They don't seem to know that the majority of the "account" did not arise under an overdraft facility. Does this affect what I should put in my defence?

MB

[charitynjw]

Re: New Court Claim Form Sent to Wrong Address

Tbh, if it were me I'd just leave it at "Sent a CCA request, Claimant has not complied" per the example defence.
They seem to think that a s78 request is not applicable.
So I wouldn't highlight the fact (if true) that it most definitely does apply.
I'd leave that as a pleasant surprise for them further into the proceedings, when they will not have time to remedy their mistake.