** DISCONTINUED / settled in part ** Crying for help ! Please!

[Shann23]

Re: Crying for help ! Please!

The first & most important step is to acknowledge the claim with the court.
You have received a claim pack from them; follow the instruction given (you can do all this on-line).
We can then move on to the next steps.

I just checked all the papers and was given the claim number and password .. and the website where I can do it online..
What should I write on the "Defence" ?

[charitynjw]

Re: Crying for help ! Please!

Nothing.

Just acknowledge & intend defend in full, but do not enter any actual defence,
If you live in England/Wales, do not contest jurisdiction.

[Shann23]

Re: Crying for help ! Please!

Nothing.

Just acknowledge & intend defend in full, but do not enter any actual defence,
If you live in England/Wales, do not contest jurisdiction.

done it online . Thank You.

[Shann23]

Re: Crying for help ! Please!

done it online . Thank You.

I printed a copy of the acknowledgement for myself but my phone number or email wasn't there? is that okay? although I have put it there? :noidea:

[charitynjw]

Re: Crying for help ! Please!

Well done.
Now you should send CCA & CPR 31.14 requests.
See example templates at the top of this thread.
Re CCA request, as this is for a credit card debt, s78 is applicable; remove reference to s77.
A Ł1 fee is required; this is best done via a postal order. (You need to get proof of postage anyway)
Endorse the PO 'For statutory purposes only', & cross refer the letter & PO (As there is no reference no. on the particulars of claim, I would put Cabot Financial (UK) Ltd v (Your name) & the claim no. per court claim form. Let them sort it out, lol!).
If you are ok with this, we can look at the CPR request.

[Shann23]

Re: Crying for help ! Please!

Well done.
Now you should send CCA & CPR 31.14 requests.
See example templates at the top of this thread.
Re CCA request, as this is for a credit card debt, s78 is applicable; remove reference to s77.
A Ł1 fee is required; this is best done via a postal order. (You need to get proof of postage anyway)
Endorse the PO 'For statutory purposes only', & cross refer the letter & PO (As there is no reference no. on the particulars of claim, I would put Cabot Financial (UK) Ltd v (Your name) & the claim no. per court claim form. Let them sort it out, lol!).
If you are ok with this, we can look at the CPR request.

Okay I will do the CCA request now and will get the PO first thing in the morning and send signed for.
AS for the CPR don't have any idea really?! (sorry I'm not really good ) Thanks

[Shann23]

Re: Crying for help ! Please!

[MENTION=5553]charitynjw[/MENTION] is this right?


Dear Sir/Madam

Re:− CLAIM NUMBER:

Please treat this letter as a formal request for you to supply a copy of my Consumer Credit Agreement as is my entitlement under sections 78 of the Consumer Credit Act 1974.

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

Your obligation also extends to providing me with a statement of account. I enclose a Ł1 postal order, which represents payment of the statutory fee payable under the Consumer Credit Act. I understand that a copy of my credit agreement should be supplied within 12 working days from the date of this letter.

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

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


THANK YOU! just double checking:laugh:

[charitynjw]

Re: Crying for help ! Please!

You may as well sort the CPR 31.14 letter as well before you go to the Post Office.
Example, top of this thread.
No fee needed for this.
Note: The CCA request goes to the Claimant (Name/address per court claim form).
The CPR request goes to the solicitors (per court claim form)
You can ask for any documents mentioned in the Particulars of Claim.
It looks like this would be the agreement & the Notice of Assignment.
As the court claim issue date was 7th November, the deadline for your defence is 33 days after that. (I make that to be 10th December; if so it's a Saturday......don't worry about that at this stage, though).
As always, proof of postage is very advisable.

[Shann23]

Re: Crying for help ! Please!

You may as well sort the CPR 31.14 letter as well before you go to the Post Office.
Example, top of this thread.
No fee needed for this.
Note: The CCA request goes to the Claimant (Name/address per court claim form).
The CPR request goes to the solicitors (per court claim form)
You can ask for any documents mentioned in the Particulars of Claim.
It looks like this would be the agreement & the Notice of Assignment.
As the court claim issue date was 7th November, the deadline for your defence is 33 days after that. (I make that to be 10th December; if so it's a Saturday......don't worry about that at this stage, though).
As always, proof of postage is very advisable.

Thank You, I will do the CPR and CCA now so I can send them both tomorrow! Do I need to sign it properly? or just print my name out? thanks again

[charitynjw]

Re: Crying for help ! Please!

@charitynjw is this right?


Dear Sir/Madam

Re:− CLAIM NUMBER:

Please treat this letter as a formal request for you to supply a copy of my Consumer Credit Agreement as is my entitlement under sections 78 of the Consumer Credit Act 1974.

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

Your obligation also extends to providing me with a statement of account. I enclose a Ł1 postal order, which represents payment of the statutory fee payable under the Consumer Credit Act. I understand that a copy of my credit agreement should be supplied within 12 working days from the date of this letter.

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

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


THANK YOU! just double checking:laugh:

Knock off the 's' (in red above) & it's good to go.

[Shann23]

Re: Crying for help ! Please!

oops yeah! done!


what date should I put here?

"To enable me to file my defence and/or counterclaim, I require inspection of documents you mention in your statement of case ahead of filing my defence on XX XXXX 201X."

and do I have to sign all letters?

[PAWS]

Re: Crying for help ! Please!

@Stu thank you for your reply.. I am not really in the right mind right now been crying and scared.. I am just starting to get my life back and then received a letter today.

do I have to go to the website they were saying to respond? what is the first letter to send and to who? thank you so much I appreciate you all taking the time to help me. I was young and stupid back then.

This is not a setback by the way, this is all part of getting your life back and a great way of realising just how strong you are and how far you have come. Most people feel the same way as you when they start to fightback because these people have gotten ‘scaring the bejesus out of you’ down to a fine art. Unfortunately for them the clever people on this site know what they are talking about and will do all they can to help.
Put down the tissues and pick up the boxing gloves. You will get through this and before you know it you will be on here helping others in the same situation you are in now.:hug:

[charitynjw]

Re: Crying for help ! Please!

oops yeah! done!


what date should I put here?

As the court claim issue date was 7th November, the deadline for your defence is 33 days after that. (I make that to be 10th December; if so it's a Saturday......don't worry about that at this stage, though).

"To enable me to file my defence and/or counterclaim, I require inspection of documents you mention in your statement of case ahead of filing my defence on XX XXXX 201X."

and do I have to sign all letters?
I normally use the attached strip.
Just copy/paste onto your letters.

####

[Shann23]

Re: Crying for help ! Please!

This is not a setback by the way, this is all part of getting your life back and a great way of realising just how strong you are and how far you have come. Most people feel the same way as you when they start to fightback because these people have gotten ‘scaring the bejesus out of you’ down to a fine art. Unfortunately for them the clever people on this site know what they are talking about and will do all they can to help.
Put down the tissues and pick up the boxing gloves. You will get through this and before you know it you will be on here helping others in the same situation you are in now.:hug:

[MENTION=31453]PAWS[/MENTION] that is so sweet! made my day really! and yes I am just so happy to have found you all especially [MENTION=5553]charitynjw[/MENTION] thank you for the patience as I don't really know what to do! I have no idea at all.

Although I know I am not done yet! I am more calm now compared earlier

[Shann23]

Re: Crying for help ! Please!

Hi again, just before I go to bed...

CCA is ready and will get the PO tomorrow morning.. and for the CPR I requested the following:
1:Agreement,
2efault Notice,
3:Assignment and
4:Formal demand
and will will attach a copy of the CCA request letter as well.. Am I right? [MENTION=38161]char[/MENTION]ityjnw
Thank You!