whats the best course of action?

[bill hicks]

As I,m new too the site, i will start off with a big hello too everyone. My scenario is a claim form from northampton court{cabot} and i,m wondering what the best procedure is to go too.I,m under the impression that the one option is too request a cca and a cpr request..and too inform the courts that i wish too defend this claim. I received my form on 20/07/16.
Is there any other options i should consider.Cheers people

[nemesis45]

Re: whats the best course of action?

As I,m new too the site, i will start off with a big hello too everyone. My scenario is a claim form from northampton court{cabot} and i,m wondering what the best procedure is to go too.I,m under the impression that the one option is too request a cca and a cpr request..and too inform the courts that i wish too defend this claim. I received my form on 20/07/16.
Is there any other options i should consider.Cheers people

Good evening Bill, welcome to LB,

The easiest process would be for you to post a copy of the particulars of claim or type it in word for word.

Acknowledge service of the claim and intention to defend in full, do this online at Money Claim Online (MCOL) instructions are on the forms do not make any statement in defence at this point.

Some history of the debt up to the issue of the claim will help to get you the proper advice.

nem

[charitynjw]

Re: whats the best course of action?

Hi bill hicks & welcome to LB

Check this info http://legalbeagles.info/forums/show...it-Court-Claim , complete the 'first steps' & post up your info, & see the template letters ( in green ) at the top of the linked thread. (For future reference once we know more details).

[bill hicks]

Re: whats the best course of action?

Cheers Nem...
.POC says " The claimant claims payment of the overdue balance due from the defendants under a contract between the defendant and bank of scotland, dated on or about apr 14 2005 and assigned to claimant on March 29 2014.. PARTICULARS {account number}
Date 20/06/16 ITEM Default balance Value 4,200 Post refri Cr NIL"
I had been paying a pound a month of this debt for many years, Then last year, my financial issues got worst, My wife has been ill for many years and it has become worse.She is on long term benefits and I am unable too work myself due too the caring she needs.

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Cheers Charity, ironically that was page i was first led too, and thanks for the warm welcome

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Should I sign the CCA request, this seems too be an issue ???

[nemesis45]

Re: whats the best course of action?

Cheers Nem...
.POC says " The claimant claims payment of the overdue balance due from the defendants under a contract between the defendant and bank of scotland, dated on or about apr 14 2005 and assigned to claimant on March 29 2014.. PARTICULARS {account number}
Date 20/06/16 ITEM Default balance Value 4,200 Post refri Cr NIL"
I had been paying a pound a month of this debt for many years, Then last year, my financial issues got worst, My wife has been ill for many years and it has become worse.She is on long term benefits and I am unable too work myself due too the caring she needs.

Hello Bill,
As an aside to this matter are you in receipt of Carers Allowance or Attendance Allowance??

So you have continued to pay a minimum payment for a considerable time and have now stopped payments completely?
Is this a bank account?

nem

[bill hicks]

Re: whats the best course of action?

just incapacity benefit for a couple...its just a credit card, I was paying £1 a month up to last June. Cheers Nem

[charitynjw]

Re: whats the best course of action?

For a court claim re a credit card

CCA request + £1 payment (PO?) to the Claimant
CPR 31.14 request (no fee) to Solicitors. (Probably Mort Clarke, but it will be on the court claim form)
Save copies for your file/evidence, get proof of posting (SignedFor is trackable; if not, free cert of posting)
Acknowledge with court as per claim pack asap (Defend in full....don't put anything in writing re defence yet)
You will then have 33 days from the issue date on the claim form to provide your defence.
What that will be will depend on the claimant's/solicitor's reply to your requests.

[JulieM]

Re: whats the best course of action?

Hi Bill

Attendance allowance is only payable for those above state pension age, if either you or your wife are under that the benefit to claim would be PIP.

If if you feel that you may qualify there is an application that starts over the phone. If you need more info maybe [MENTION=49370]Kati[/MENTION]. ( have I done that correctly) could point you in the direction of a forum that seems very helpful. It is the unemployment movement forum but not sure of the exact link.

If if your wife qualifies for that you will also get careers allowance I think.

[charitynjw]

Re: whats the best course of action?

If you're concerned about signing, here's an anti-tamper strip.

[bill hicks]

Re: whats the best course of action?

You Guys are really helpful...Thank you so much.x

[Kati]

Re: whats the best course of action?

http://unemploymentmovement.com/forum/recent.html ... might be able to advise you regarding benefits entitlement x

[bill hicks]

Re: whats the best course of action?

Cheers Kati, my wife is on ESA at the moment, we have considered applying for pip, but we have had some difficulties along the way just applying for ESA, my wife has fibromyalgia and the assessments that she has been through over the years have put us off applying for anything additional..I will check this out though, Thank you for your guidance x

[bill hicks]

Re: whats the best course of action?

All done...Letters have been sent and claim been defended...its cross my fingers time...Thanks again for the help, and as soon as i hear something.xx

[JulieM]

Re: whats the best course of action?

Hi Bill

pip and ESA are different in that ESA is supposedly about your ability to work, it could be argued that Steven Hawkins can do his work whereas PIP is about help you need during the week. I can't see Prof Hawkins being able to prepare a meal, cook a meal or feed himself so that would get him enough points. An extreme example but do you see what I mean.

[bill hicks]

Re: whats the best course of action?

Hi all,
I received a letter today from Restons informing me that due too the fact i had not signed the letter and that they don,t have to acknowledge receipt or provide a response.
I did sign {using the tamper proof}the cca request but i didn,t sign the cpr 31 request.....just wondering what i should do next concerning restons??