Court Case which i have to respond by tomorrow!!

[denwins]

Re: Court Case which i have to respond by tomorrow!!

The letter may possible be an automatically generated one if they have updated your account on their system but I believe the Notice of Default Sums is invalid and does not have any effect once the agreement has already been terminated. However, those "third party agent fees" looks like they relate to the court fees e.g. £455 court claim fee? Either way they can't double recover and those fees will be assessed once the trial is over.

Thank you so mcuh for your help It is greatly appreciaited

[denwins]

Allocation to the small claims track

Can any one advice me what to do As Gmac originally sent a court demand for over £9000 I then requested the documents, which i never received, I then requested a strike out as they had not sent the documents I requested as advised on here I used the ten plate
I have now received the notice attached to be responded to by 10TH July.
Thanks you

[Amethyst]

Re: Court Case which i have to respond by tomorrow!!

All looks fine, except the court staff have forgotten to cross out the 2nd line under paragraph 1.... so ignore that it's meant for the claimant.

So you need to complete the Directions Questionnaire which should be enclosed and send it back to the court, and send a copy to the claimant. It should be quite self explanatory but if you get stuck shout.

Re striking out the claim - Did you actually do that on an application or was that just in your defence ?

[denwins]

Re: Court Case which i have to respond by tomorrow!!

I am confused as the previous claim, I posted seems it
is invalid as the agreement has already been terminated. SEE PREVIOUS POST BELOW

The letter may possible be an automatically generated one if they have updated your account on their system but I believe the Notice of Default Sums is invalid and does not have any effect once the agreement has already been terminated. However, those "third party agent fees" looks like they relate to the court fees e.g. £455 court claim fee? Either way they can't double recover and those fees will be assessed once the trial is over.
Can any one advice the way forward please

[denwins]

Re: Court Case which i have to respond by tomorrow!!

Hi all can any one advice what i should do I have received a Notice of Proposed allocation to the small claims track But just couple days ago received a rather threatening letter from Gmac solicitors so am unsure how to go forward I have up loaded all
I would really appreciate advice as i only have 5 days left

[Diana M]

Re: Court Case which i have to respond by tomorrow!!

have received a Notice of Proposed allocation to the small claims track But just couple days ago received a rather threatening letter from Gmac solicitors so am unsure how to go forward

That letter from Shoosmiths says that their client (i.e. the Claimant) did not received payment with your s 77/78 CCA Request. Did you enclose the £1 statutory fee when you sent it?

The letter from the court is a Directions Questionnaire with a deadline of 10th July (is that correct - it's a bit blurred on the upload) so you need to complete that and file it at court regardless of the solicitor's intimidating letter.

Shoosmiths are entitled to their opinion that your Defence has no merit but that's up to a Judge to decide not them.

Di

[denwins]

Re: Court Case which i have to respond by tomorrow!!

That letter from Shoosmiths says that their client (i.e. the Claimant) did not received payment with your s 77/78 CCA Request. Did you enclose the £1 statutory fee when you sent it?

The letter from the court is a Directions Questionnaire with a deadline of 10th July (is that correct - it's a bit blurred on the upload) so you need to complete that and file it at court regardless of the solicitor's intimidating letter.

Shoosmiths are entitled to their opinion that your Defence has no merit but that's up to a Judge to decide not them.

Di

Yes i did send the PO for a £1.00 in fact they sent it back stating the signature was incorrect I resent it again with the PO
But i never received the documents which is what the £1 PO was for
So i just have to send the questionnaire back top the court i dont have to respond to the solicitor