** DISMISSED ** Ryan v assett collections

[SHEA]

Thanks Warwick

If you have more suggestions then I would like to hear them

[SHEA]

Ive ammended my defence with your suggestions and have submitted it now so thanks for your help Warwick

[SHEA]

Mornin All,

I have recieved a form stating that this is now a defended claim and they have allocated it to the small claims track which I have agreed..
I have also asked that the hearing be at my local CC
I have stated that I am willing to enter into mediation even though I believe it will achieve nothing as the DCA has not presented me with any proof that this alleged debt is mine or that the debt even exists
I am in the process of sennding the completed forms by recorded delivery to the court and to the other parties concerned.
The only question I have is that is why have I not had an answer to the information requests that I sent the relevant parties as this seems wrong.. If I fail to follow the rules on forms and requests a judgement can be entered against me without any proof being produced by the claimant.. this cant be right, Thanks

[SHEA]

Mornin All,

I have recieved a form stating that this is now a defended claim and they have allocated it to the small claims track which I have agreed..
I have also asked that the hearing be at my local CC
I have stated that I am willing to enter into mediation even though I believe it will achieve nothing as the DCA has not presented me with any proof that this alleged debt is mine or that the debt even exists
I am in the process of sennding the completed forms by recorded delivery to the court and to the other parties concerned.
The only question I have is that is why have I not had an answer to the information requests that I sent the relevant parties as this seems wrong.. If I fail to follow the rules on forms and requests a judgement can be entered against me without any proof being produced by the claimant.. this cant be right, Thanks

Hi,

Is anybody on hand to advise me on my last please.

Thanks

[warwick65]

Hi
Yes, in my opinion it is wrong you have not had a reply but you may get one yet.

When you get to mediation , if you have not received any documents you can either say you can not go ahead and the claim will then proceed to court or possibly you may want to us it as an opportunity to make some sort of settlement. Now that of course is up to you , and it may be that it is worth a small amount to get rid of the whole business . Remember , mediation is confidential so nothing you say can be used in court

The debt is in the region of £600 so maybe you could say something like
While i do not accept you have proved your claim and am willing to defend it, in order to save all our time and costs i am prepared to make an offer of £x in full and final settlement of the claim. If it were me I would be looking at £20-£30 . Maybe you would want to look at the claim fee which I think in your case will be £60 (it will be on the claim form) and even go that high .

Of course, as I said, it is up to you and how strong you feel your case is and how you feel about the fight - only you know that

[SHEA]

Hi,

Having sent my completed Directions Questionaire by registered mail signed for to all parties within the alloted time frame and it reflecting that the courts had recieved their copy on me online account I recieved this letter through the post today from the court... I think I understand what it means but would appreciate some feedback from somebody in the know also...
I'm the Defendant as well by the way

20180424_133112-1[1638].jpg

[warwick65]

I am pretty sure it means they have not filed their DQ and have 7days to do it. If not it will be struck out.

Did asset send you a copy of their DQ?
It looks like they might have forgotten to include the court or the court misfiled it

[Amethyst]

Just that the other side haven't submitted their directions questionnaire as yet and if they fail to do so within 7 days their claim will be struck out without notice.

[SHEA]

I am pretty sure it means they have not filed their DQ and have 7days to do it. If not it will be struck out.

Did asset send you a copy of their DQ?
It looks like they might have forgotten to include the court or the court misfiled it

That's what I believed it meant and I have never recieved any paperwork from them regarding this claim including the DQ they were obliged to send me...

[SHEA]

Hi...
The deadline for the Claimant to provide the court and me with a DQ has been and gone and I have not recieved anything from them so does this mean that the claim will eventually be struck out as Asset Inverstigations & Collections have not followed the instructions given on the Order from the court... Ive check me online account and nothing is showing on there to say either way but the fact I aint recieved anything relating to this must surely mean this matter is finished now

[warwick65]

Have you I included tune for service of the letter. It is not 7 days from the date on the letter.

Also the courts are backed up so it can take a few days from receiving a letter to processing it.

I hope I'm just being a pessimist

[SHEA]

Yeah,

As far as I can see thats two deadlines they've missed one of which was an order... furthermore, the courts may be backed up but arent they supposed to send me a copy of the DQ as well which hasnt come, that alone should be cause to have it struck out shouldnt it... they had till friday just gone to provide the court with a DQ... Its worth noting Ive had nothing off them in the way of paperwork or correspondance... not the stuff I asked for to prove the debt exists or that they have a claim on one... and now this.......nothing has been entered relating to this on my credit file....Im baffled

[warwick65]

What was the date on the order?

I can't see the court messing up as being a reason for the claim to be struck out.

I don't knowhow long the time allowed for service would be but when a claim s issued its five days

[SHEA]

Date on the order is the 20th April

[warwick65]

Date on the order is the 20th April

So at best, even only allowing 2 days for service it wouldn't be due until today

I am sorry if I sound like doom and gloom and I appreciate you want this over with - there was a recent success against them I think on here

Diana M
pt2537

Any thoughts on court process and timings