**DISCONTINUED** Today received a court claim **UPDATE**

[mystery1]

Re: Today received a court claim **UPDATE**

Unless an email bounces they'd have a hard job convincing someone they didn't get it.

I have had people deny getting a recorded delivery letter too.

M1

[Berniethebolt]

Re: Today received a court claim **UPDATE**

Signed for is £1.10 on top of post or at least that's what I was charged on Friday. Sometimes the tracking facility does not show up a signature but complaining to the post office usually works.
If using email remember to request read receipt but this can be ignored.

There are programs available that show if an email has been delivered, not sure if this is free or not. I know DCA s use them that's why I never open such emails

[FlamingParrot]

Re: Today received a court claim **UPDATE**

There is no email for Weighmans it come back as delivery notice failure Grrr, how am i to keep a paper trail which is not going to take up my defence time Ie postal service.

If you are just trying to ask for an extension to file a defence you can do it over the phone :cell: and get them to send you the email or letter confirming it. Either will do for informing the courts if they agree. If they don't, you don't need it in writing. Unlike the CPR and CCA requests, asking them to agree to an extension is not something you need to have proof of, it's not an essential part of the process, so the request can be informal. If you don't get an extension you just file your defence within the 33 day deadline. :typing:

E-Mails - unless there is an auto receipt facility, then it can easily be stated not received = actual signature recorded i.e. Recorded Delivery which is only about 75 pence extra to postage, if you are serious and not penny pinching to save pounds then you are not covering yourself, proof of everything is vital no shortcuts, 1st or 2nd class post + Recorded Delivery 1- 2 pounds . 24 hours in a day, how long does it take to do a defence?

I use an email tracking service that produces an automated email every time the email is read and gives you the IP address of the reader. It's a paid service but they offer a free trial (no need for credit card details or anything like other free trials where you have to remember to cancel in time before they charge you). The free trial is for 10 emails which should be enough to deal with a claim: http://www.didtheyreadit.com/index.php/memberreg

Not penny pinching at all my concern is, and as was with the sending CCA/CPR' i only have a receipt and rightly so it does have a delivery notice but my concern is and forgive me for my lack of trust in the DCA and their Solicitors but they could say i have send them nothing of any relevance to the case in hand so preferably i would rather use emails as it clearly shows what has been sent, i might be looking way too much in to it but that's my nature and as for the defence the sooner this is over and done with the better..

The problem with emails is that, even when they are definitely sent, they are often not received due to technical glitches along the way. That happened recently when I sent a friend of mine a very short email with a link, she said she didn't receive it, I sent it again as I was on the phone with her, still didn't get it, so I ended up using another email address she has. These things happen so it's better if you can track receipt (see above).

Having said that, asking for an extension isn't something you need to prove you did, it's an optional step for both sides and agreement is voluntary not mandatory; you can ask over the phone and get them to send you an email if they agree. :thumb:

[Stu]

Re: Today received a court claim **UPDATE**

Thanks once again Adda

[Stu]

Re: Today received a court claim **UPDATE**

Well this coming Saturday it will be 2 weeks since i was ordered to court as some will know as they have helped endlessly i sent my acknowledgment, the CCA and CPR and still nothing back from either although Cabot replied with a nonsensical letter not even related to myself, i phoned their solicitors on Tuesday but still no help and rude service and advised they will get someone to call me back but as yet nothing ....

Where do i stand ? and is it time for Defence ? .

[judgemental24]

Re: Today received a court claim **UPDATE**

Stupid question i know but long thread

Date of claim19/09/2015

Have you Acknowledged the claim on line?

[nemesis45]

Re: Today received a court claim **UPDATE**

Yes get started on a defence, take a look around the other threads with similar characteristics so you get a working idea of wording and format make a rough draft and post here then it can be tweeked as needed.

Nem

[Stu]

Re: Today received a court claim **UPDATE**

Yeah judge acknowledged on the same day i received it.

[nemesis45]

Re: Today received a court claim **UPDATE**

Yeah judge acknowledged on the same day i received it.

Excellent!
nem

[judgemental24]

Re: Today received a court claim **UPDATE**

You have another 2 weeks then so no worries

Put pen to paper after having a look around the forum because you must know your defence which is individual to you.

No good if you cannot answer your own defence if the judge asks you a question

[Berniethebolt]

Re: Today received a court claim **UPDATE**

Hi Stu

Just been trying to read back a bit and there has been some shockingly bad advice given to you I am afraid

1) Did you send a CCA request to cabot-this is vital, if you did not get one sent off first thing in the morning

2) The CPR request, have you had a response to it?

3) What documents did you ask for ? You can only ask for documents mentioned in the POC and from what you wrote this is pretty much just the agreement. Any other documents have to be requested using CPR18 ( I think)

4) There is mention of this maybe being SB. For a capital One account the SB date is most definitely not the date of last payment as the terms and conditions from around that time lay out a timescale as to what happens when a payment is missed. In any event some judges believe that the COA is the date of the DN ( I know of one such case that is being appealed at the moment


As long as you acknowledged the claim you have a total of 33 days from the date of issue of the claim.

If your defence is based around no paperwork there is a sample defence here
http://www.legalbeagles.info/forums/...t-Court-Claims

Clearly you would need to adapt that to your circumstances.

[Amethyst]

Re: Today received a court claim **UPDATE**

Just for ref

20th Sept.

I would just like to say thanks to all for the help provided a reassurances, i have sent out the relevant papers Ie CPR/CCA a

[Berniethebolt]

Re: Today received a court claim **UPDATE**

Just for ref

20th Sept.

Thanks I have just reread every post and can see it is not as simple as it suggests because of cabots appalling behaviour

If you have not asked for an extension, now is the right time to be doing it

Should they ever produce am agreement (which I think they will) it will be interesting to look at. I have one from 2005 that to be honest looks kosher on first sight but I am convinced is a recon because of the way they have worked out the total charge for credit

[Stu]

Re: Today received a court claim **UPDATE**

Berniethebolt...
1 CCA senton the first day and not responded to by Cabot..

2 No response from the cpr request after 12 days sent a extention letter and called the sols but no help or reply..

3 Ive asked for all documents requested statutory by cca & cpr

4 i believe the debt to be statutory barred

and the claim has been acknowledged on the day received, i have followed all advice and i believe it to be solid and i am thankful fully for this advice but also i do thank you for your advice also.

[FlamingParrot]

Re: Today received a court claim **UPDATE**

You have another 2 weeks then so no worries

Put pen to paper after having a look around the forum because you must know your defence which is individual to you.

No good if you cannot answer your own defence if the judge asks you a question

Although it is true that each defence has to be tailored to the individual aspects of the claim and history of the account, most claims here are defended on the basis of no documents being provided, and example defences are here: http://www.legalbeagles.info/forums/...t-Court-Claims

It's always a good idea to post up a draft here on the thread so we can take a look. :typing:

Just been trying to read back a bit and there has been some shockingly bad advice given to you I am afraid

3) What documents did you ask for ? You can only ask for documents mentioned in the POC and from what you wrote this is pretty much just the agreement. Any other documents have to be requested using CPR18 ( I think)

Part 18 requests are for further information where you want to ask specific questions relevant to the claim.

4) There is mention of this maybe being SB. For a capital One account the SB date is most definitely not the date of last payment as the terms and conditions from around that time lay out a timescale as to what happens when a payment is missed. In any event some judges believe that the COA is the date of the DN ( I know of one such case that is being appealed at the moment

A few posters on here have been successful in asking Cap One when the last payment was made. :thumb: