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Excel court claims

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  • Excel court claims

    Has anybody else replied to a letter before claim form, then been issued with a court claim before receiving a reply/acknowledgment to initial response.
    Tags: None

  • #2
    Did you get proof of posting of your response?
    Did they send you a pre-action protocol pack? Is that what you replied to, or was it just a Letter Before Claim?
    Who are the sols? BWL?

    All that notwithstanding, if you have received a County Court Claim you need to deal with it.
    Have you?
    CAVEAT LECTOR

    This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

    You and I do not see things as they are. We see things as we are.
    Cohen, Herb


    There is danger when a man throws his tongue into high gear before he
    gets his brain a-going.
    Phelps, C. C.


    "They couldn't hit an elephant at this distance!"
    The last words of John Sedgwick

    Comment


    • #3
      They sent a LBC with info sheet which states if I return Reply form within 30 calendar days( which was done by both email and hard copy), you and the company will have at least a further 30 calendar days to discuss the debt before the company takes you to court. However received claim form from county court business centre this morning (dated 14 days after reply was made) and have had no response from excel re the reply form. There is no mention of a solicitor just the claimant (excel)

      Comment


      • #4
        Did you get proof of posting of your hard copy response?
        CAVEAT LECTOR

        This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

        You and I do not see things as they are. We see things as we are.
        Cohen, Herb


        There is danger when a man throws his tongue into high gear before he
        gets his brain a-going.
        Phelps, C. C.


        "They couldn't hit an elephant at this distance!"
        The last words of John Sedgwick

        Comment


        • #5
          Yes sent it as signed for

          Comment


          • #6
            Ok......keep the hard copy, the proof of posting (& the email) safe..

            Now you must acknowledge the court claim per instructions.
            You have 19 days max (14 + 5 days deemed for service) from the issue date on the court claim, but you may as well do it asap, as delaying does not benefit you in any way.
            Once acknowledged you have a further 14 days (ie 19 +14 = 33 days) from the court claim issue date in which to file a suitable defence with the court (CCBC Northampton at this stage).
            Are you ok doing this via Money Claim On Line (MCOL) (Just follow the instructions in the court claim pack).
            Defend the whole of the claim for now.
            Do not contest jurisdiction

            https://legalbeagles.info/library/gu...ledge-a-claim/
            CAVEAT LECTOR

            This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

            You and I do not see things as they are. We see things as we are.
            Cohen, Herb


            There is danger when a man throws his tongue into high gear before he
            gets his brain a-going.
            Phelps, C. C.


            "They couldn't hit an elephant at this distance!"
            The last words of John Sedgwick

            Comment


            • #7
              Ok thanks

              Comment


              • #8
                Once you have acknowledged the claim, you then need to obtain all the evidence that Excel have & are going to rely on for their claim.
                You'll need this in order to compile a suitable defence.
                One thing you already have is their failure to comply with pre-action protocol.

                https://www.justice.gov.uk/courts/pr...s/debt-pap.pdf

                They should automatically send this to you as a precursor to the claim, not make you go cap in hand to ask for it (per their dodgy Letter Before Claim). & even then they did not allow their '30 days'

                Last edited by charitynjw; 23rd February 2019, 22:21:PM.
                CAVEAT LECTOR

                This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

                You and I do not see things as they are. We see things as we are.
                Cohen, Herb


                There is danger when a man throws his tongue into high gear before he
                gets his brain a-going.
                Phelps, C. C.


                "They couldn't hit an elephant at this distance!"
                The last words of John Sedgwick

                Comment


                • #9
                  Check signage i the car park. VCS and Excel sometimes swap over and one company incorrectly claims for the other's contracts.

                  Do youo want to put up the Notice to keeper and the Particulars of claim, all suitably redacted.

                  Comment

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