From defence thread

[jaysinc111]

Would the defence for a claim over £10,000 be different in its wording?

[mcqk007]

Re: EXAMPLE Defence for Consumer Credit Court Claims

I heard its Fast Track and not small claim.Can we use the same words,then?Tks

[Diana M]

Re: EXAMPLE Defence for Consumer Credit Court Claims

I heard its Fast Track and not small claim.Can we use the same words,then?

At the time you file a Defence the claim would not have been allocated to either the Small Claims Court or the Fast Track.

That comes later in the proceedings.

This forum has a template Defence which is a guide. A Defendant should then customize it to suit there own particular set of circumstances.

Di

[charitynjw]

Re: EXAMPLE Defence for Consumer Credit Court Claims

I heard its Fast Track and not small claim.Can we use the same words,then?Tks

Your 'personal' thread is headed '£1000'

[mcqk007]

Re: EXAMPLE Defence for Consumer Credit Court Claims

Thank you so much!

[Aintgotaname]

Re: EXAMPLE Defence for Consumer Credit Court Claims

Help, new here..
Where would I send the above "Example Defense" letter to?
I have received a CCJ from a debt recovery service and don't know where or whom to send the above letter to?
Thanks

[Diana M]

Re: EXAMPLE Defence for Consumer Credit Court Claims

Where would I send the above "Example Defense" letter to?
I have received a CCJ from a debt recovery service and don't know where or whom to send the above letter to?

Start a new thread giving the details of your claim and what stage it's reached.

Have you already filed your Acknowledgement of Service (you can answer that question on your own thread )?

When you get to the Defence stage you will be filing it at court and serving a copy on the Claimant or their solicitors if they have instructed any.

Di

[Aintgotaname]

Re: EXAMPLE Defence for Consumer Credit Court Claims

Start a new thread giving the details of your claim and what stage it's reached.

Have you already filed your Acknowledgement of Service (you can answer that question on your own thread )?

When you get to the Defence stage you will be filing it at court and serving a copy on the Claimant or their solicitors if they have instructed any.

Di

Hi, Thanks for the reply.
I've received a claim form from the County Court Business Center and the claimant is Lowell whom I believe is a debt recovery service which were sold to them on 26th April 2013.
I ended up in debt with Next as I were in a bad place at that time and had every intention of clearing the said debt but it just went to the back on my mind.
I don't know what steps to take next.. Thanks

PS - I have just sent Lowell this letter

Lowell Portfolio I LTD
Ellington House
9 Savannah Way
Leeds Valley Park
LS10 1AB






Dear Sir/Madam


Re:- Account Number xxxxxxxx
Please treat thisletter as a formal request for you to supply a copy of my ConsumerCredit Agreement as is my entitlement under sections 77-79 of theConsumer Credit Act 1974.


I require you toprovide me with a true copy, or reconstituted copy of the creditagreement relating to any account you deem to be mine, together withany other documentation the Act requires you to provide. I expect youto comply fully and properly with this request, within the statutorytime limit.


Your obligation alsoextends to providing me with a statement of account. I enclose a £1postal order, which represents payment of the statutory fee payableunder the Consumer Credit Act. I understand that a copy of my creditagreement should be supplied within 12 working days from the date ofthis letter.


If it is your view thatyou are not the creditor, s.175 of the CCA1974 applies in the case ofa simple assignment, and places a duty upon you to pass this requestto the creditor. In the case of an absolute assignment, you are acreditor as defined by s.189.


I understand that underthe Consumer Credit Act, creditors are unable to enforce an agreementif they fail to comply with a request for a copy of the agreementunder these sections of the Act.




Yours faithfully

[smintram]

Re: EXAMPLE Defence for Consumer Credit Court Claims

I have seen the documents that the court send, before. How would you get all the text on the above templates into the small boxed section that they send on the forms? I know there is probably a simple answer to this, however, does it not have to be hand written?... I'm just not seeing it right now. Please enlighten me....thanks.

[Amethyst]

Re: EXAMPLE Defence for Consumer Credit Court Claims

If you complete the forms sent to you by the court then it can be printed on a separate sheet and attached to the defence form (and a note made in the Defence box that the defence is attached on a separate sheet). On MCOL it should fit in the defence field in their online system.

[N93]

Re: EXAMPLE Defence for Consumer Credit Court Claims

Hello

Hello please help I need a copy/template for creating a defence after the acknowledgement letter.

For states barred
and being under age

Thank you.

- - - Updated - - -

or any help

[MIKE770]

Re: EXAMPLE Defence for Consumer Credit Court Claims

Defence Example

[nemesis45]

Re: EXAMPLE Defence for Consumer Credit Court Claims

Good morning,

Responding to your PM.

I see Mike770 has linked you the defence template which is for you to edit/amend to suit your case, it is Not complete and ready to use as it is.

You mention being under age and canceling? Please explain. Also you mention " states barred" Statute Barred?

SB = 6 years with no payments or unequivocal written acknowledgment of the debt, the start of the relevant 6 year period varies according to the type of account.

nem

[Lindzi17]

Re: EXAMPLE Defence for Consumer Credit Court Claims

Hi,

I received a CCJ claim form from Northampton County Court Bulk Centre for a debt which is being handled by a collection agency. It was for payday loan, I have followed advise on here and opted to defend the claim on the basis that I am going to request the collection agency has full permission to deal with the debt.
I am finding contradicting information about what template to use can someone help?

I have read both versions and to be honest a lot of it doesn't make sense to me.....

What happens once I send that to the collection agency?

Thanks In advance

Lindzi

[MIKE770]

Re: EXAMPLE Defence for Consumer Credit Court Claims

collection agency only collects a debt on behalf of a Owner & has no rights to issue claims:-

Debt purchaser buys a debt for pennies etc from a Owner and all right to the debt belongs to them and actions taken to collect (or try to collect)

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First Steps CCA Request Letter || CPR 31.14 Request Letter Defence Example


What is the date on the court claim Form?


need to strat your own thread as this is somebody elses

@Kati