Claim form received, guidance needed pls

[MIKE770]

Have asked someone to pop on probably tomorrow there are options

[Dogwoof21]

Thank you. Do you think it is a good or bad idea to write to them with copies of the Reply Form I sent back asking them to address this response and set up an agreed payment, highlighting they have not followed pre-action protocol perusing a court claim?

and in meantime still send the CCA request and CPR 31.14 in case they don’t reply to above letter?
thanks

[Celestine]

I'm afraid by ticking their form saying you agree you owe the debt may place you in a difficult position trying to defend the court claim.
I can see you've made all the correct requests under CPR and CCA but I would expect them to use your admittance of the debt fairly heavily in the claim against you. Basically, if you're disputing a debt under CCA, Limitation etc, you do not admit the debt is enforceable at any stage until a Judge say so.

[MIKE770]

a mistake i made decade ago when panicked, but have been fighting a bank since to be open and honest

[Dogwoof21]

Ok so then on the basis that maybe they didn’t receive that response, I just go with the CCA & CPR request then?

I see from looking at other peoples posts that you mention to submit the defence 2 days before so I will prepare it for then.

Am I right in thinking that they then have to pay to respond to my defence? And if they do it then go to a Questionaire then mediation? Just trying to know all the steps.

if an agreement is made at mediation for payment providing they supply evidence, does this mean a CCJ is not applied but the claim stayed unless I stop payments?
thank you and apologies for all the questions.

[MIKE770]

they have no charge to respond to your defence, only possible extra charges later in proceedings is if only if at this stage they fail to respond to defence within 28 days and the case gets parked up only then if they wanted to continue would have a fee to pay! if at mediation you are asked if you have all requested paperwork to do possible mediation then and you state no then mediation would not take place and you would be informed, however if you state yes then you could if ask for a Tomlin Order to be agreed between parties there and then, BUT be careful , as many Debt purchasers play the game who gives in 1st, and try to take you to the last hurdle before discontinuing before they loose their fees, a tomlin order if necessary can be agreed up to the last minute by the way, always see how a case pans out, they want you to give up . = the dirty debt collection trade!


but your problem is that regardless you admitted the claim, so CCA etc but useless, they will no doubt get automatic CCJ against you! sure others will respond as well.

[Dogwoof21]

Ok thank u. If I need to post questions regarding defence support, shall I start a new thread in the right forum or continue on this welcome thread?

[MIKE770]

Stick to here

[Dogwoof21]

I am just putting my defence together using one of your templates. Can I please double check the dates to submit. Is it 28 days from the date of the Claim Form (16th April) or 28 days from the date I Acknowledge the claim?

Also MC have responded with the CPR 31.14 info but nothing from Cabot regarding CCA req. Do I acknowledge this in my defence letter or wait for them to provide it when they respond to my defence?
thank you

[ostell]

Neither. The lesser of 28 days from acknowledgment or 33 days from the issue date.

[Dogwoof21]

Sorry to be thick so if it’s claim form dated 16th April i have until 20th may to submit defence? Acknowledgement was on 20th April. Thx

[Dogwoof21]

Also I notice I can submit my defence via the moneyclaim logged in site. But it only gives me 122 lines and no option to attach any additional paperwork as evidence such as them not responding to my previous requests for info prior to applying for claim. Is this the best way to submit my defence or should I email it instead to ccbc@justice.Gov.uk ?

[MIKE770]

E mail keep copys

[MIKE770]

Proof posting get

[Dogwoof21]

Thank you, I will email them directly. Is it safe to upload my defence on this post if I omit personal data for you to check pls? Would be much appreciated. Will do so tomorrow.

(also pls ignore on page 1 where I said I admitted the debt in the response pack from Cabot, I didn’t! I found the copy I sent back and it was requesting more info which they never sent.)

Thank you for your time and help as always.