Hi & Help please - CCJ action by Arrow Global

[pauleds]

Re: Hi & Help please - CCJ action by Arrow Global

Hi again, hoping somemone can give me some advice and please accept my apologies for the short notice. We finally received a reply from ELS & COLE last week. Unfortunately, due to a family crisis i put it to one side but on reading it today, think i need to respond by Monday. If anyone is able to read over the letter and offer any guidance it would be very much appreciated - I've uploaded some of the documents they sent to photobucket (password: debt123)
http://s1343.beta.photobucket.com/us...84908546863209

Thanks

Paul

[miliitant]

Re: Hi & Help please - CCJ action by Arrow Global

its requesting a password as its a private album

sorry, ime blind, give me 5 minutes

[miliitant]

Re: Hi & Help please - CCJ action by Arrow Global

the solicitors are worried on this and rightly so

they are the creditor now, case law has decided that and they have the obligation to produce all the required documentation, including the deed of assignment, default and termination notice, etc,etc

the reason they are asking for your proposals is the claim would have been stayed and they will have to ask the judge now to remove the stay

what are your feelings on this

[pauleds]

Re: Hi & Help please - CCJ action by Arrow Global

Militant
Thank you so much for an amazingly fast response. Please excuse my ignorance but I don't understand what you mean when you ask about my feelings on the judge being asked to remove the stay. In fact I don't even know what "the claim would have been stayed" means.

thanks

[miliitant]

Re: Hi & Help please - CCJ action by Arrow Global

phone the court on monday and ask what is the current state with the claim

i take it money is tight at the momen,t so if you ended up with a ccj, the court would order only minimun repayments, say £1.00 A WEEK IF ON BENEFITS FOR EXAMPLE

with your permission i will draft a letter for you to send to the solicitors to refute their last letter. and i would fight this

did you send in any defence while awaiting the documents from the solicitors as to your 31.14 request after you acknowledged the claim

[pauleds]

Re: Hi & Help please - CCJ action by Arrow Global

1. Will the court speak to me because it's my wife's debt but there's no way she would be able to discuss this with them(suffers badly from stress)
2. Money is very tight - if I offered a small monthly payment now directly to the solictors would it still mean a CCJ?
3. I have not sent in any defence and would really appreciate you drafting a letter to refute the claim. What if they go to court before this?
4. Thanks again

[miliitant]

Re: Hi & Help please - CCJ action by Arrow Global

please phone the court on monday for an update

do you still have the password that was on the ORIGINAL N1 COURT CLAIM FORM

If you do, logg onto the court website and check the state of play

i am a little confused as as you did not do a defence within 14 days of acknowledge the claim, that normally results in a default ccj

yet on the letter from the solicitors, they state summons costs and application costs will only be due when they get a judgement in their clients favour

confused.com

go on line and check please

[pauleds]

Re: Hi & Help please - CCJ action by Arrow Global

I sent the solicitors a cpr 31.14 request (using your template, thanks) and they responded to say they had put the case on hold whilst they obtained the information - this latest letter is their response to the cpr 31.14 request and I think that's why nothing has happend at court.(they took a long time to respnd as you'll see from the timeline in this thread). I have just logged onto the court website and it is saying the same as it did at the begining of September - "You have submitted an Acknowledgment of Service. You can view, print and save your Acknowledgment of Service and respond to the claim by filing a Defence or Part Admission" It then gives me 3 options 1. Start defence, 2.Start part admission 3.admit all claimed.

thanks

[miliitant]

Re: Hi & Help please - CCJ action by Arrow Global

thats fine

i am going to do a letter for you to send the solicitors
i feel they are very much clutching at straws over this and lets see if they will bite as their letter to you was very vague. i feel they are trying to work out what you know reference case law

i will post it on this thread for more people to give their opinions as well
i feel we need to make some sort of offer on repayment as well
as you are unemployed, how about £1.00 a week
if you can afford more then great, but only offer the minimun that you can spare
i will see if i can get them to withdraw the claim


i think they have a weak case and the solicitor knows it as well

but only you can make that decision

[pauleds]

Re: Hi & Help please - CCJ action by Arrow Global

Once again many, many, thanks - can't believe someone is taking time out on a Saturday night to help someone they don't even know. I will go to bed more relieved just having had this chat with you and will check back tomorrow.

[miliitant]

Re: Hi & Help please - CCJ action by Arrow Global

have a chat with each other and let me know how you want to procede with this

[pauleds]

Re: Hi & Help please - CCJ action by Arrow Global

What we want to do is avoid CCJ (this terrifies my wife)- if I was to offer ELS & Cole a small monthly payment, would this mean that they would't go to court? Alternatively if you think we could challenge the debt we might do this but do you think they might go to court in the meantime. Unfortunately we have the kids over today and I won't be able to ckeck my PC until later - hate for them to find out.
thanks

[miliitant]

Re: Hi & Help please - CCJ action by Arrow Global

What you have to remember the claim for a ccj has allready been put before the court via the claim form.
Only the solicitor can witdraw from the court action

what we have to do now is to put a notion in the solicitors mind that to continue with the claim will be seen as a forlorn hope.

Them not supplying the requested documents is a start so we then go for a strike out, offering some sort of repayment proposal may just be the option as what you pay will only be the minimum ampunt set by the judge anyway

i believe the solicitors letter is hinting at this without being to overt

i will put a letter together for you to send the solicitors

[pauleds]

Re: Hi & Help please - CCJ action by Arrow Global

Thanks Militant.

[miliitant]

Re: Hi & Help please - CCJ action by Arrow Global

have you got a figure in mind on a repayment proposal

remember

its the smallest amount you can spare

does not matter if its £1.00 a week if on benefits for example