Received a court claim, I have no clue of what I am doing.

[IceAgeIce]

Re: Received a court claim, I have no clue of what I am doing.

That has really taken a lot off my mind, thank you again nem.

So my next move is to fill out these forms and get them sent back recorded delivery? I will fill them out today, get them sent out tomorrow.

[MIKE770]

Re: Received a court claim, I have no clue of what I am doing.

hang on do I miss something ? you signed into MCOL and acknowledged etc on line, now you are saying sending forms recorded delivery?? MCOL used what forms sending?

[IceAgeIce]

Re: Received a court claim, I have no clue of what I am doing.

I didn't know that the online had the exact same effect as the paper documents? Can this all be done online without having to send anything through the post?

If so then what is my next move?

(I know I am probably coming across as a bit stupid, but I have literally no experience of this type of thing)

[MIKE770]

Re: Received a court claim, I have no clue of what I am doing.

[MENTION=1937]nemisis[/MENTION]45

[nemesis45]

Re: Received a court claim, I have no clue of what I am doing.

I didn't know that the online had the exact same effect as the paper documents? Can this all be done online without having to send anything through the post?

If so then what is my next move?

(I know I am probably coming across as a bit stupid, but I have literally no experience of this type of thing)

Look at the defence templates in the green box at the top of the " court claim " forum, to get an idea of content and format.

You can post documents as well as using MCOL as long as you send a covering letter stating that it's confirmation of the online copy.

nem

[IceAgeIce]

Re: Received a court claim, I have no clue of what I am doing.

Hi everyone.

I just wanted to run this past you before sending it off. I have written it as follows:

Dear sir/madam

(Then I put my JD Williams account number here)

With reference to the above agreement I would be grateful if you would send me a copynof this credit agreement.

I understand under the consumer credit act 1974 sections 77-79 I am entitled to receive a legible copy of my consumer credit agreement on request.

I enclose a payment of £1 which represents the fee payable under the consumer credit act.

I understand a copy of our credit agreement should be supplied within 12 working days.
..........

I then sign off with my name. Is this OK and so I need to send anythjng /request anything else.

Thank you again. Sorry for typos I'm on a very fiddly tablet.

[charitynjw]

Re: Received a court claim, I have no clue of what I am doing.

Hi everyone.

I just wanted to run this past you before sending it off. I have written it as follows:

Dear sir/madam

(Then I put my JD Williams account number here)

With reference to the above account number, please send me a copy of this credit agreement and associated documents.

I understand under the consumer credit act 1974 sections 77-79 I am entitled to receive a legible copy of the consumer credit agreement on request.

I enclose a payment of £1 which represents the fee payable under the consumer credit act.

I understand a copy of the credit agreement should be supplied within 12 working days.
..........

I then sign off with my name. Is this OK and so I need to send anythjng /request anything else.

Thank you again. Sorry for typos I'm on a very fiddly tablet.

Best to avoid 'my', 'our' etc when referring to the agreement.

[nemesis45]

Re: Received a court claim, I have no clue of what I am doing.

Hi everyone.

I just wanted to run this past you before sending it off. I have written it as follows:

Dear sir/madam

(Then I put my JD Williams account number here)

With reference to the above agreement I would be grateful if you would send me a copynof this credit agreement.

I understand under the consumer credit act 1974 sections 77-79 I am entitled to receive a legible copy of my consumer credit agreement on request.

I enclose a payment of £1 which represents the fee payable under the consumer credit act.

I understand a copy of our credit agreement should be supplied within 12 working days.
..........

I then sign off with my name. Is this OK and so I need to send anythjng /request anything else.

Thank you again. Sorry for typos I'm on a very fiddly tablet.

That's fine.

[IceAgeIce]

Re: Received a court claim, I have no clue of what I am doing.

Hi everyone

I have received a letter this morning that has really confused and worried me.

Its from Cohen cramer . it says

"You are aware that we have issued legal proceedings against you in the northhampton county court

As you have failed to respond with proposals for payment or provide an valid explanation why the debt should not be paid, we are now instructed to enter a judgement against you.

If a county court judgement is entered it will remain on the judgement register for 6 and this may affect your ability to obtain credit.

It then goes on to say that if I don't pay the judgement then baillifs can visit my house or have attachment of earnings.

I really do not understand how this can be happening when I responded in time?

Thank you.

[nemesis45]

Re: Received a court claim, I have no clue of what I am doing.

Hi everyone

I have received a letter this morning that has really confused and worried me.

Its from Cohen cramer . it says

"You are aware that we have issued legal proceedings against you in the northhampton county court

As you have failed to respond with proposals for payment or provide an valid explanation why the debt should not be paid, we are now instructed to enter a judgement against you.

If a county court judgement is entered it will remain on the judgement register for 6 and this may affect your ability to obtain credit.

It then goes on to say that if I don't pay the judgement then baillifs can visit my house or have attachment of earnings.

I really do not understand how this can be happening when I responded in time?

Thank you.

What have yo done so far Acknowledged Service of the claim, stated intention to defend in full?

What was the issue date on the claim form? you had 28 days to respond from the date the claim was issued.

nem,

[IceAgeIce]

Re: Received a court claim, I have no clue of what I am doing.

Hi Nem.

Yep that is exactly what I have done so far. The issue date was October 18th.

I am planning to actually file the defence today although I have no idea what to write in the defence box?

Or what to do about this letter?

[nemesis45]

Re: Received a court claim, I have no clue of what I am doing.

[QUOTE=IceAgeIce;689497]Hi Nem.

Yep that is exactly what I have done so far. The issue date was October 18th.

I am planning to actually file the defence today although I have no idea what to write in the defence box?

You have 28 days from 18 Oct to file your defence.

Take a look at the defence templates in the green box at the top of the " Court Claim " forum to get and idea of content and format of a defence then make a draft and post here then we can go through it with you.

All that is needed in regard to the letter is to file your defence once that is done the claimant has 28 days to respond. The letter is a typical debt collection solicitors " threat "!!

nem

[Diana M]

Re: Received a court claim, I have no clue of what I am doing.

You have 33 days (not 28) from the Issue Date on the claim form to file your Defence.

Di

[MIKE770]

Re: Received a court claim, I have no clue of what I am doing.

= 20th November 2016

[IceAgeIce]

Re: Received a court claim, I have no clue of what I am doing.

Hi everyone,

It's been a few days since I've managed to log on. I know tomorrow is my cut off for filling my defence, I have managed to knock up a draft and I really need your help to make sure it's ok? It's very confusing but I hope what I have here is ok, if not then I can change it :-), I have put it in italics below.

I have received a claim (I put the claim number here) from the County Court Business centre (including the rest of the address)
This claim appears to be for a JD Williams account (account reference


The claimants statement of case fails to give me adequate information to enable me to properly assess my situation with regards to the claim


The Claimants statement of case states that the account was assigned from JD Williams to Lowell Portfolio LTD on March 31st 2014. The Defendant does not recall receiving notice of this assignment.



It is denied that JD Williams served any Default notice on the Defendant pursuant to s87 Consumer Credit Act 1974. The Claimant is required to prove that a compliant Default Notice was served upon the Defendant.


On November 11th 2016 I sent a formal request for a copy of the original agreement to Lowell Portfolio LTD pursuant to section [77 or 78] of the Consumer Credit Act 1974 along with the statutory £1 fee. I have not yet received any such documents.


I request the court orders the Claimants to provide the necessary documentation in order for me to fully plead my case else the Claim should stand struck out.

In the event that the relevant documents are received from the Claimants I will then be in a position to amend my defence, and would ask that the Claimants bear the costs of the amendment.

Once thing that is worrying me is that I have put in the defence that I have not yet received my credit agreement I requested (Which is of course true) but I know they have 14 days to get it to me, is that right? That time isn't up yet does that matter?

Thank you everyone for this help :-)