County court claim forms

[Stuarte]

Re: County court claim forms

Hi again

The due date for filing your defence is 33 days from the date of the claim form so if as you said it is 27th June it would be 30th July which just happens to be a Sunday ( the day i go on my jollies) so it would be 4pm 31st July ( But put 30th on your letter)

Thank you ive sent all forms they should of had them today ill check later and print copys of delivery. So do i wait for the solictor to reply now.

[warwick65]

Re: County court claim forms

Yes that is really all you can do for now. Sit and wait

[Stuarte]

Re: County court claim forms

Hi ive finally had a response dont quiet understand what they mean i sent the letters as i should. Ive attached the letters from solicitor and arrow.

[warwick65]

Re: County court claim forms

Bog standard response from Arrow but @charitynjw pointed out, he has never heard of that letter being sent when a solicitor is involved

A word of warning- nothing is on hold and you still need to follow the court timeline for filing your defence etc

Just to add, they are the creditor and have rights and duties - there is case law to back that up. If they are not the creditor then they could not bring the claim

[Stuarte]

Re: County court claim forms

What should i do next for the best?

[warwick65]

Re: County court claim forms

Not much to do i don't think than start to work on your defence which is due 30th July.

[Stuarte]

Re: County court claim forms

What should i do for defence if i havent got the documents from them

[warwick65]

Re: County court claim forms

What should i do for defence if i havent got the documents from them

If you use one of the template defences up at the top of the page where you lay out what requests were sent and what has not been received

So for example no default notice received
No response to your CCA request therefore un enforceable

have a look at see what you think, post a draft up (minus identifiable bits) and tag maybe me, charitynjw and amethyst etc who i am sure will cast their eyes over it

[Stuarte]

Re: County court claim forms

Ok i will do this thank you. Should i be replying to the solicitors letter? How come the solicitor is saying they dont have to supply the original agreement is this true is this what they normally do?

[charitynjw]

Re: County court claim forms

In response to a ss77 to 79 CCA request, the creditor can provide a reconstituted agreement, provided that it is accurate.
Carey v HSBC Bank plc (2009)

[Stuarte]

Re: County court claim forms

Hi done a defence frome the example can someone have a look please.

[warwick65]

Re: County court claim forms

Hi
You may want to think about point 4

I am not sure why you are denying you had an agreement with the claimant- isn't that a given as you later go on to say the account has been assigned ?
Maybe it would help if you actually admitted to having had financial dealings with M&S- shows a bit of integrity

Did AG deny they were the creditors - sorry I haven't looked back- if they did it may be worth putting that in your defence . If they are not the creditor how can they bring a claim?

Point 13- did you ask AG or their solicitor for an extension- your defence says AG? just want you to be covered

Under the assignment point I would add something along the lines of 'it is denied the claimant has any right to bring a claim and is put to strict proof of that right by disclosing the Deed of Assignment

[Stuarte]

Re: County court claim forms

hi thank you i've changed them points think i've done it right i've attached it also should i add on there that i don't think they were the original person it was assigned too?.