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Ccj Defence Form Against Equidebt Help ***WON***


chimp123
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Hi all first off this site is amazing! Please can you help? I have received a county court claim form for Northampton CCBC 13th May 2009. It is from Equidebt for £1290.46, but it says all documents to be sent to Geoffrey Parker Bourne Ltd. I have read about how send for a cca request to them, but I am still confused. I think that's right? Not to sure. Could anyone advise the best source of action? I want to file a full defence? I can log in online to the CCBC to do this. Do I ask for an extension, all just go to the full defence part? What template shall I use? Or if anyone can give step by step guidance this would be grately appreciated. Hope this makes sense, thanks in advance

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Hi and welcome

 

Before you do anything can you post up the Particulars Of Claim as written on your Court papers - omit anything personal/figures...

 

That way, the more knowledgeable guys on here will be able to assist you better.

 

Good luck

I'm a L-Plate cagger - new at all this but determined to learn as much as I can, to help as many others as I can, and to fight back as often as I can!:-x

Any help or advice from me is offered in good faith, based on my knowledge and experience gained either from here or from my own cases. I am NOT a legal expert. There are several other CAG members and the site team who are much better qualified than me. Please do not make any decisions based on my advice alone.

Donate as much as you can to this site as often as you can! We need to keep on helping each other.

 

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Hi there,

 

Welcome to CAG.

 

I'm sure you'll get some good advice here from our members.

 

Have you acknowledged the service of the claim ? If not, do so.

 

Tick defend all of the claim but do NOT submit a defence or contest jurisdiction.

 

If not, you must do this immediately.

 

Once you have done this, get letter 8 off to Equidebt ASAP. - The Consumer Forums - Debt collectors

 

Amend the letter to suit, do NOT sign, enclose a £1.00 postal order and send by Recorded Delivery.

Edited by supasnooper
correction

 

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I was advised to send a CPR 31.14 letter in response to a CCC - shouldn't he being doing this rather?

I'm a L-Plate cagger - new at all this but determined to learn as much as I can, to help as many others as I can, and to fight back as often as I can!:-x

Any help or advice from me is offered in good faith, based on my knowledge and experience gained either from here or from my own cases. I am NOT a legal expert. There are several other CAG members and the site team who are much better qualified than me. Please do not make any decisions based on my advice alone.

Donate as much as you can to this site as often as you can! We need to keep on helping each other.

 

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Can I just clarify - did you say that the claim was received on the 13th of March

 

Can I ask what has happened since then

If I've helped feel free to add to my reputation.

 

I am not a Practising Lawyer. My comments are my opinion only. You should not rely upon those comments and should always take your own professional advice from a practising Solicitor or Barrister

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No now they have issued proceedings which are rather bald you need too do the CPR route, it also won't cost you anything to do this.

 

You also need to acknowledge the claim asap - don't leave it until the last day as there is plenty of evidence that they will go for a 'forthwith' judgement on the following day.

 

Make sure you listen to us about filling in the claim forms and do it online asap... that gives you a bit more time to prepare a defence that will slaughter the rather bald particulars.

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Just filling in the online form to defend my claim in full, it is asking me to state my defence. Does anyone have any draft or links to use for this please? Thanks so much all

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Just filling in the online form to defend my claim in full, it is asking me to state my defence. Does anyone have any draft or links to use for this please? Thanks so much all

 

 

Just tick defend the claim in full, there is no need to submit a defence yet.

 

 

We need to see what documents you get back from your CPR31 request.

 

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Thanks for you're help, I have ticked the part to defend the claim in full. It takes me to a part where I can submit 8000 letter's in my defence. It states they do not need to see evidence or additional information at this stage. Just wondering if I do not do this part, will it go against me? I hope I am not sounding toooo stupid

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sorry one more question should i send a postal order with the letter FAO of geoffrey parker bourne Thanks in advance. This site is amazing and I will be making a donation

 

 

There is NO fee to be sent with the CPR31 letter to the solicitors.

 

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Sent the letter of by special delivery today. Does anyone know from experience what the next course of action could be. EG is it possible if they don't reply to me they drop the case with county court or does it go to locals courts etc? Do i have to attend on the day etc? Any info would be great thanks

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Just depends on the response you get from the CPR letter.

 

Each case is entirely different.

 

Have a read of this link- it'll give you heads-up on what may happen

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/108467-basic-introduction-consumer-credit.html

 

May also be worth reading the WON or Successes threads as well ( normally the link is found at the top of the forum page)

 

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What you need to do is keep on top of it - if you haven't heard anything from them in about a week come back and tell us

If I've helped feel free to add to my reputation.

 

I am not a Practising Lawyer. My comments are my opinion only. You should not rely upon those comments and should always take your own professional advice from a practising Solicitor or Barrister

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Hi all, quick update from me and any responses would be grately appreciated. Received letter from Geoffrey Park Bourne this morning............... We are in receipt of your letter dated 16/05/2009, we have referred to our client for documentation (equidebt) and as soon as we are in receipt of instruction will of course write to you immediately. However, your request under CPR 31 assumes that the court has allocated your defended claim to a track, yet to date we have not been notified that a defence has been filed.

 

Please help? Checked the status of the CCJ and it states the court has received my acknowlegement of 28 days request on the 19th and I have 20 days or so left to file me claim.

 

Also I noticed on my equifax report today, EQUIDEBT has search my credit file on 09/01/2009 are they allowed to do this because I did not give them permission!

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Tell them in a letter that you are now contacting the court and show the court their letter - they are waffling.

 

Explain that without the documentations you can only submit an embarrassed holding defence and they will be forced to produce the documents, should they not do so within a specified timeframe (you can request this from the court) you will request an immediate set aside and ask for a notice of discontinuance to be issued forthwith.

 

Somebody else will be along to help. I'd also file the defence well before the 20 days are up as they can be quite sneaky.

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thanks alot what kind of letter shall i send them and shall i contact the court by letter with a copy of there letter? Sorry idiot's guide would be appreciated! Good advice thanks

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