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Defense claim

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  • Defense claim

    Hello everyone, please help. I received a county court claim form for a debt that I believed to already have been paid. I had a store card over 6 years ago and when I became unemployed was unable to keep up with the payments. I contacted them and explained my situation and was told I had payment protection (which I did not know) so they would cover the first couple of months through this. They then started to harass me with calls and written demands so I asked if they could freeze charges and I could pay £10 a month until I cleared the balance and set up a standing order for I believe 12 months as it was £120 that I owed. They accepted this and once the payments stopped coming out, I assumed the debt was clear. Years later, I received a letter from a debt collector demanding more than the original debt. I sent them a CCA and did not get a reply. unfortunately, I no longer have a record of sending this as it was a few years ago. I then received some time later a letter from a different collector. this time I ignored it as I did not believe it to be real and now from this 4th or 5th company, they have not sent a default letter and ignored my first CPR request. Again unfortunately, I did not think to send it recorded deliver but have re-sent request today by recorded deliver but am still concerned as I have to file my defense by 14/06/2016! I made a PPI claim that was rejected as they said I knew I had cover but if that was the case the debt would have never gone into dispute. Also, the interest amount seems to be wrong and states:
    The claimant claims 1) The sum of £183.86 2) interest pursuant to s69 of the county court act 1984 at the rate of 8.00percent from the 12/05/2010 to the date hereof 2188 is the sum of £88.18 (if at 2190 days = £88.58) 3) future interest accuring at the daily rate of £0.04 4) costs. it also says GE Captital assigned the claim to Howard and Cohen but the last letter I received was from Robinson Way?
    Tags: None

  • #2
    Re: Defense claim

    Giving this an urgent bump for you

    An optimist is someone who falls off the Empire State Building, and after 50 floors says, 'So far so good'!
    ~ Anonymous

    Comment


    • #3
      Re: Defense claim

      Thank you so much

      Comment


      • #4
        Re: Defense claim

        I have sent in my defense outlining the details above re payments made but have had no response from Cohen Solicitors regarding CPR or extension to court. How long after I have sent defense would a court date be? What happens next? Can I still settle out of court if the claim is upheld for some reason? I have requested a letter from the bank to confirm the standing order payments and will send a copy to Solicitors. If it comes after last date for defense, could/should I still send a copy to the court as proof?

        Comment


        • #5
          Re: Defense claim

          [MENTION=55034]nemesis45[/MENTION] [MENTION=6]Amethyst[/MENTION] [MENTION=2]Celestine[/MENTION] ??
          Debt is like any other trap, easy enough to get into, but hard enough to get out of.

          It doesn't matter where your journey begins, so long as you begin it...

          recte agens confido

          ~~~~~

          Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.

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          But please include a link to your thread so I know who you are.

          Specialist advice can be sought via our sister site JustBeagle

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          • #6
            Re: Defense claim

            Originally posted by Candice View Post
            I have sent in my defense outlining the details above re payments made but have had no response from Cohen Solicitors regarding CPR or extension to court. How long after I have sent defense would a court date be? What happens next? Can I still settle out of court if the claim is upheld for some reason? I have requested a letter from the bank to confirm the standing order payments and will send a copy to Solicitors. If it comes after last date for defense, could/should I still send a copy to the court as proof?
            Hello Candice,

            Who is the claimant and which solicitors are they using?

            When did you send the defence.

            nem

            Do you have a copy of your defence to hand that you could post here after removing personal identifying data and the claim number.
            Has the court acknowledged receiving your defence?

            Once the court has passed your defence to the claimant they have 28 days in which to respond,
            If you receive anything from the bank it can be used in your witness statement if the claim gets that far.

            Comment

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