So scared and don't knowwhat to do next. Robinson way have issued a CC claim against me

[questioning]

Amber,

On the court form/claim form there is a box which says CLaimant and underneath there is a box which says Address for sending Documents and payments to. These are on the left hand side. IF there is any different address in the box which says Address for sending Doc's and Payment to then you need to send the CPR 18 letter to that address and the CCA request to the claimant which is the first box at the top left, saying claimant.

I say this as the first box is the claimant and the box underneath could be a solicitors acting for the claiman t. or just a slightly different add. ect. just thought I would let you know this.

 

Glad you have done the AOS, I too thought this would be a difficult thing to do,

[creditcardmug]

I disagree slightly here CCM

The crucial thing here is to get the CCA sent off, as this cannot be ignored.

The CPR18 request should also be sent but as this is a small claim it can be ignored by the claiment, they DO NOT have to provide you with a thing.

In my post this is why I said make sure you send both, CPR18 & CCA request that way you can cover all bases.

The results of both these requests can then be used in , a holding defence, which is probably what this will be.

 

 

Amber pleases make sure you send both CPR18 and CCA request. Send then on monday if possible.

 

Ok, im not entirely sure about that, but i do know that if you are in court and you can show that you have tried to obtain further information as to the claimants claim, TO ENABLE YOU TO PROVIDE A COMPLETE DEFENCE, THIS WILL BE LOOKED UPON FAVOURABLY BY THE JUDGE, this in accordance with the pre-actoin protocols i.e. overiding objectives.

Regardless of the track, i would have thought?

[questioning]

YOU NEED TO SEND BOTH AMBER.

CCM.

I DID NOT SAY NOT TO SEND IT, I SAID SEND BOTH

CCA & CPR18 that way you cover all bases.

CPR18 does not have to be answered if it a small claim, less than £5000. see the CPR rules p. 27.2 I think it is

 

I wanted to make sure that Amber covered all bases CCM. As they cannot refuse the CCA request

 

Hi Amber, if you get these two done over the week end then sent off on Monday Guaranteed Del. they will be with them by 1pm Tues. then you are on the correct path.

post up any response you get as soon as possible from either of these two letters. keep an eye on the timescale, yes your AOS has been done on time don't worry and to answer another of your Q's, this will never go to a magistrates court, you are not a criminal, it can only go to a county court. this won't be happening for a long while yet if at all. If it did go to the court room it gets transferred automatically to the nearest county court to where u live.

Edited August 30, 2008 by questioning

[pt2537]

Lets not argue over a couple of letters

 

Send both and furthermore, i would really consider an application to the court if they fail to comply with the part 18 request, they can ignore a part 18 but they cannot ignore an order of the court without placing their claim in difficulty

[creditcardmug]

Questioning, i was not trying to contradict what you were saying, however i think that by sending the CPR it will have psychological effect on the claimant if nothing else i.e. the defendant knows what he/she is talking about, also it may help in any future defence, in some way , no offence meant mate.

[questioning]

I was saying with out trying to confuse amber that she must send the CCA request and the CPR .

The CPR can be ignored and if one was relying on that to get docs then when its ignored it makes things a bit awkward.

My CPR 18 was only partially answered itself for the same reasons as I have said Less than £5000. small claim.

When this happened I was confused as I thought at the time they had to furnish me with this info. I still pointed out in my defence that they failed to provide full info under my CPR 18 request, Pointing this out is helpful so small claims posters know what to expect.

 

I think Amber things are quite clear to you now any way, send both. :grin:

As I said in the first place.

 

By the way that's not me arguing, you wanna see me when I do.

[questioning]

Questioning, i was not trying to contradict what you were saying, however i think that by sending the CPR it will have psychological effect on the claimant if nothing else i.e. the defendant knows what he/she is talking about, also it may help in any future defence, in some way , no offence meant mate.

 

No offence taken, thanks CCM, and none was meant to you.

I think I've made it plain what I was trying to get accross now, as I said, I slightly disagreed. I wanted Amber to know that she must send both letters as one could be ignored.

Of course its playing mind games with the claimant and this way they will think Amber has a team of solicitors behind her, hopefully. he he he.

[amber2508]

Okey dokey, i've printed both off, will sent them guaranteed delivery first thing Monday.

 

Again many thanks to you all. I really can't stress enough how grateful i am. I'll definately send a donation to this site next week when my money goes in the bank.

[amber2508]

I havn't been able to get these CPR 18 & CCA letters sent off today at all. Can i go directly to these addresses and post them there tomorrow? Or is there somewhere i could go to fax them? Does anyone know if the Library's do a faxing service? Really need to get them to these people tomorrow.

[creditcardmug]

Hmmm the thing is you really need receipts for them, you dont want them saying they didnt get them, send them recorded if you can its cheaper than sd, i think its about £1.40 each plus about the same for the P.O.

[amber2508]

Hmmm the thing is you really need receipts for them, you dont want them saying they didnt get them, send them recorded if you can its cheaper than sd, i think its about £1.40 each plus about the same for the P.O.

 

Cheers for that. I don't mind paying for the guarenteed delivery tbh. What i'm worried about is the 14 day limit which starts tomorrow. Or will i still be ok to send tomorrow?

[creditcardmug]

I think you will be ok sending them tomorrow, tbh they rarely respond to them anyway, i even had one telling me they didnt have to!

The main thing is that you have asked for the docs and that can go in your defence.

[amber2508]

I think you will be ok sending them tomorrow, tbh they rarely respond to them anyway, i even had one telling me they didnt have to!

The main thing is that you have asked for the docs and that can go in your defence.

 

Awwww thank you for the quick replies, much appreciated.

[creditcardmug]

Your welcome

[amber2508]

All letters posted off guaranteed del today.

[questioning]

Hi Amber,

To answer your question about fax machines in libraries.

Most libraries should have the fax service available but it's quite pricey depending how many sheets you need to fax.

They give you the print out page from the fax machine which in my case when I've used fax just says the date and time, how many pages were sent and the sending status, IE. OK

Not sure if you know this or not but you can actually fax a defence to the court, So in an emergency a fax is pretty helpful for meeting a courts 4pm deadline, the only problem is that Northampton gets pretty busy so it may take a while to get through to them.

[amber2508]

Thanks Questioning, for the info on the faxing. ^^^

 

Update

I sent my 18 and cca letters off last Tuesday and so it is a week today. Nothing as of yet has back from them in the post. Although they still have 7 days according to the time limit.

 

Is there anything i should be doing now or do i just wait till the 14 days is up? Or will i have to go to court after the 14 days is up? Bit confused.

 

Thanks

[amber2508]

Bump.

[AndyOrch]

Amber the process is this when issued with a summons.You have 33 days in total from the date on the summons.5 days for service deemed delivered leaving 28 days.14 days to AoS and submit your plea and then a further 14 days to submit your defence if you require it.So if you have AoS and requested your CCA/CPR 18 then there is very little else you can do at the moment apart from read up here on Cag and get yourself familiar with holding defences as this is more than likely what you will be submitting.

Work out your dates from your summons and be prepared for your next move in the claim but dont let this consume your time serves little purpose thinking you should be doing somthing when i reality there is very little you can do I trust the above clarifies your concerns

 

Regards

 

Andy;)

[creditcardmug]

Amber take andys advice, i cant really add anything to it, you dont normally get anything back from your CPR request, so it will probably be just a holding defence, dont worry we will be here to support you.

[amber2508]

Amber the process is this when issued with a summons.You have 33 days in total from the date on the summons.5 days for service deemed delivered leaving 28 days.14 days to AoS and submit your plea and then a further 14 days to submit your defence if you require it.So if you have AoS and requested your CCA/CPR 18 then there is very little else you can do at the moment apart from read up here on Cag and get yourself familiar with holding defences as this is more than likely what you will be submitting.

Work out your dates from your summons and be prepared for your next move in the claim but dont let this consume your time serves little purpose thinking you should be doing somthing when i reality there is very little you can do I trust the above clarifies your concerns

 

Regards

 

Andy;)

 

Thank you andyorch

 

The 33 days are up next Tuesday, so do i have to send a defence off before next Tuesday? I've done the acknowledge claim online and i've sent the cca and cpr18 letters so far, thats all.

[amber2508]

Amber take andys advice, i cant really add anything to it, you dont normally get anything back from your CPR request, so it will probably be just a holding defence, dont worry we will be here to support you.

 

Cheers for replying, only just saw your post after i replied to andyorhes.

[AndyOrch]

Well if the 33 days is next Tues then yes you need to submit a defence presuming you have defended all the claim.Is the claim from Northampton? if so it can be submitted on line and you have ample time yet.

 

Regards

 

Andy

[amber2508]

Well if the 33 days is next Tues then yes you need to submit a defence presuming you have defended all the claim.Is the claim from Northampton? if so it can be submitted on line and you have ample time yet.

 

Regards

 

Andy

 

Yes the claim is from Northampton. Yes i am defending all the claim but havn't got a defence yet. Will have to have a think what to write, that should be fun.

[AndyOrch]

Im sorry I have not read all the details of your thread if you can confirm what the debt is P loan C/C also if you can post up the claimants P.O.C to refresh things.What are you basing your defence on?

Couple of questions to consider in drafting your defence have you recieved a Default note/Notice of Assignment LBA

If you can provide the above Amber im sure we can submit something suitable before next Tuesday

 

Regards

 

Andy;)