Hi all, first post.

Just got a little question about CCJ defense response times.

I filed my defence today (Sunday) online.

Today is the last day I have for filing the defence.

I should not of left it till the last day but I was waiting for a response from the claimant which only came the previous day.

I had 33 days from the day of service in total to file my defence.

My defence will not be processed by the court until tomorrow which will be the 34th day after the day or service.

So my question is

does the defence have to be processed by the court within the time you have to file a defence (in my case 33 days after DOS)

or is it that as long as you have uploaded it before the time runs out you are safe?

Thanks

As long as you submit it before the deadline, youre ok.

can i ask if youre able to provide more details on the case?

As long as you submit it before the deadline – or before the claimant makes an application for judgement. Whichever is the later.

weekend submissions - allows for 1 days extra i.e. 4p.m. Monday if needed, from now on keep to court timetables etc

As long as you submit it before the deadline, youre ok.

 

can i ask if youre able to provide more details on the case?

A CCJ claim was made against me by Lowell for a supposed 5 year old Provident loan.

I have requested a copy of the original signed credit agreement.

They responded by saying they are waiting for Provident to send them the documentation so they have put the account on hold which is kinda pointless really because I only had 1 day to file a defence.

Then use the no paperwork holding defence. That needs to be your defence.

They may put it on hold internally, but theyre trying to get you to not complete the court paperwork, so they get a judgement by default, then start with bailiffs etc. It's their standard operating trick.

Look around on this site for the no paperwork holding defence, and youll be set.

The reason they left it so long is to try and get the court timeframe to expire, then youd have been screwed.

ignore their on hold statements , court rules the procedure not Lowells done to cause you to fall foul of court procedure as stated holding defence.

what date is on the top right of the claimform?

21st March. Day of service is 5 days from that date.

Sorry I made a mistake on the original post.

I meant to say 33 days after the date on the letter not day of service.

I didn't know about the holding defence on this website

I have already filed the defence stating that I do not owe them any money and that I have made a request for documentation pursuant to the Civil Procedure Rules (Part 31.14) but they have failed to provide the signed credit.

was this a doorstepper loan?

and was this the ONLY loan you had or were there a chain before this

your defence was due Friday by 4pm [the claimform date is ONE in the count]

and if day 33 falls on a w/end you must file by the last weekday as the court closes at 4pm so it will be counted as Monday for you

but that's no bother LiP's [litigants in person are allowed lee-way].

so you've NOT filed that defence yet on MCOL I hope?

stay with me easy to sort this properly

dx

The defence was filed earlier today.

There was 1 maybe 2 doorstep loans I had from provident before this that were paid off in full.

I presumed that it had to be done by Friday and tried to file it on Friday

but I had issues logging in to MoneyClaimOnline

I rang the court up and they told me to email it them.

They also told me the last day is Monday

but I didn't really trust the math of the guy I spoke to so filed it today through MoneyClaimOnline.

what defence did you give?

I just stated that I don't Lowell or Provident any money and that I have asked for a copy of the signed credit agreement on two occasion (one in 2014 and one recently) but they have not been sent. It was more elaborate than that but that's the gist of it.

Was there something I should of put?

can you copy and paste your defence exactly as filed please by email

go up on mcol and see if you can get in if you can

then we'll give you the correct defence to file.

you did send the claimant a CCa request didn't you?

as the CPR is only a request that they don't HAVe to even comply with

were the previous loans totally paid off or do you mean your last loan settled the one before it?

dx

I believe that I do not owe any money to Lowell or the original creditor

In December 2014 Lowell was sent a letter asking for a copy of the credit agreement which bears my signature.

I did not receive any such document.

At the beginning of April 2017 another letter was sent to Lowell asking for a copy of the credit agreement which bears my signature.

Lowell have replied stating that the account is now on hold as they await for the Original creditor to respond.

The request is pursuant to the Civil Procedure Rules (Part 31.14) and therefore unsigned copy will not suffice, only a copy of the original contract in its unaltered form will suffice in these circumstances.

 

you did send the claimant a CCa request didn't you?

as the CPR is only a request that they don't HAVe to even comply with

 

dx

No I dont think I did send a CCA.

The reason being is I did some reading up about it at the time and some forum somewhere mentioned that CCA is no good because it asks for a "True" copy of the credit agreement which does not have to be a copy of the original signed credit agreement.

CPR.pdf

crap website then. yo ALWAYS send a CCA request when the Particulars of claim mention the Consumer credit Act.

a CPR can be ignored

and as this was a doorstepper loan

you should also request in the CPR copy of the relevant pages of the Doorsteppers accounts notebook

they'll NEVER produce those as they are usually fiddled to allow the agent to avoid tax and hide the commission they were making on the side.

can you go and see if you can login to mcol please

I've made you CPR a hidden file that only siteteam and you can see it as templates should be in the public forum.

OK Im logged in to MCOL now but Im not sure if I can edit the defence.

I guess I can still send a CCA request though right or will it have litle use now?

if you emailed the defence it cant be showing on mcol surely?

hang on

i'll find you one.

click respond to a claim

make sure [AOS} is shown and done

then you select the file defence box

2 mins

I filed the defense on MCOL. I did not send the email because I managed to login today. MCOL must of had some network issues on Friday.

Unless there is something I am missing I will not be able to edit my defense on MCOL.

The only thing I can do now is email them another defence as an extension of what is already filed on MCOL and make out I needed more space than what MCOL's 400 or so characters provide.

Also, to answer your question previously yes the previous loans were paid off in full.

so theres nowhere that indicates you can edit it

I don't think there is but check.

if not don't worry

all you do is this:

http://www.consumeractiongroup.co.uk/forum/showthread.php?474636-Lowell-claimform-old-provident-Doorstep-LOan-debt-no.2.

look at post 1 in the above thread

CHECK that the particulars of YOUR CLAIMFORM

are the same as post 1 [bar your personal stuff.!!]

if they are

then pop to post 23 in that thread and use that defence

you DONT post the red bit

and remember to change dates etc to mimic your CPR dates etc

ADAPT the CCA request line to read

A CCA REquest has now been sent also ,due to it not being sent following a clerical error

then...

email it to this email address.

MCOL is only one way of responding to a claim.

.

If you are having problems logging in, or would prefer not to use MCOL,

you can fax, email or post your response to the Court instead.

If you send your response by e mail

please send it to [email protected] and ensure you quote “Claim response” and quote the claim number in the subject field.

in the first line of the email

tell them that this defence is to over ride and replace the one filed on MCOL as that was filed by mistake

should be well ok

and we've done this before

HTH

dx

That's great. I will get on this now. Great way to spend sunday evenings Thanks for your time and effort everybody. I will update if anything changes.

Thanks

ok great

when you are settled

I posted a link in post 17

no harm in you reading as many of those threads in that link as possible

dx