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    • We have finally managed to obtain the transcript of this case.

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CCJ court claim form received


jodenice
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ps I wrote to the CCCS lady and she wrote back ' I wouldn't want to go down without a fight either' :)

 

She just wants us to fill in the forms, whether admitting or defending, just don't do nothing. She has suggested I fill in the bit only admitting the actual cost minus the fines they have issued in the last couple of months.

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If you do decide to Defend the whole claim you will also need to send a CPR request ASAP along with the CCA request.I can post should you decide on this course of action

 

 

Andy

 

As per my previous post #13

 

 

Andy:)

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If you do decide to Defend the whole claim you will also need to send a CPR request ASAP along with the CCA request.I can post should you decide on this course of action

 

 

Andy

 

As per my previous post #13

 

 

Andy:)

 

 

Ahhh, sorry, I overlooked this. acronym overload this end. :wink: Thanks.

OK I want to get the documents without telling them that I am definitely going to contest it. Can I do this? Also I don't remember ever signing for anything from them, can I request proof of delivery?

 

What would actually happen if it go to court. Would my other half have to go and stand up and talk to a judge?

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As per my previous post #13

 

 

Andy:)

 

 

Ahhh, sorry, I overlooked this. acronym overload this end. :wink: Thanks.

OK I want to get the documents without telling them that I am definitely going to contest it. Can I do this? Yes via the CCA request as per my post #13:)Also I don't remember ever signing for anything from them, can I request proof of delivery?:confused: you mean the agreement, surely you signed it in the premises when your BF purchased the PC

 

What would actually happen if it go to court..Thats a long way off 12mths even more and thats providing they wish to proceed and dont let that intimidate your decision Would my other half have to go and stand up and talk to a judge?Would have to attend but its not like the TV with black capes and wigs its a room with a table and 6 chairs:)

 

 

Regards

 

Andy

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I'm sorry i'm completely confused. What is the CCA request?

 

How is it different from a CPR request? (Is this one I can fine in the templates section and I send it off with a £1 postal order?) the only thing about this is that if they get certain amount of days to send it (i think I read 12?) then thats me out of time to send the form back if I decide that we should admit it.

 

Re postal signature - I meant for any default notices.

Edited by jodenice
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I'm sorry i'm completely confused. What is the CCA request?

 

How do i send it? And is it different from a CPR request? Is this one I can fine in the templates section and I send it off with a £1 postal order?

 

Thats the one they can ignore the CPR request which is what you submit when proceedings have commenced but if they ignore the CCA request and dont respond within 12+2 working days then they are in Default.Also gives you the heads up in viewing the agreement before hand and knowing if it is actually enforcable

 

Regards

 

Andy

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I'm sorry i'm completely confused. What is the CCA request?

 

How do i send it? And is it different from a CPR request? Is this one I can fine in the templates section and I send it off with a £1 postal order?

 

Calm down ;)

 

If you send the CPR request, the CCA (Credit Agreement) is included.

 

It's normally requested via letter 'N' from here

 

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/20758-creditors-dcas-letter-templates.html

 

BUT as Court Papers have been served, it is requested Via CPR Protocals.

 

Jogs

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As it would appear we are giving confusing advise to the OP I will now bow out of this thread and leave you in the capable hands of Jogs

 

 

Andy

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Havinastella, is there a way to get this information or send that letter without actually stating that you are definitely going to defend it.

 

Andyorch, I'm so sorry, I think this is my fault, its me asking all these bloody questions, its all so far above my head that I am tempted to just give in right now. You've been very patient in answering all my queries and I thank you.

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RIGHT,

 

It does not really matter whether you defend all, defend part, or don't defend any of the claim, that comes later.

 

The CPR request says 'I confirm having returned my acknowledgement of service to the court in which I indicate my intention to contest all of your claim.'

 

Whether you defend all, after you receive what you have requested is up to you. Why would you not want to defend it. The solicitor only scans over it and requests the paperwork anyway. You think they have time to read every letter all the way through ;)

 

Get the CPR request off ASAP, Send R/D and then we can help with defence.

 

 

On a side note, what are the other debts and are they enforceable/any charges to reclaim?

 

Jogs

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Ok well I will reprint that letter and send it by recorded tomorrow.

 

I do understand a lot of the basics. My worry is the timeline. If I wish to admit the whole thing I have to send it back to the solicitors by the 22nd November (according to the court claim form) which is the 14 days - yet the deadline for weightmans to respond is 14 days from now. If i fill in the acknowledgement of service then it automatically assumes that I am preparing a defence and the choice of admitting in full is denied.

 

If, (hypothetically), we defend it, continue to pay it on the DMP and it comes to court and we have to pay, will the DMP / lack of money still be taken into account the same way that it would be if we admitted it straight away? If you know what I mean?

 

Jogs, when you mention other debts, do you mean all of the in the DMP?

 

I don't understand why they are doing this? They are getting all the spare money we have. Surely any reasonable judge would look at our incomings / outgoings & DMP and conclude this? What is their aim??

Edited by jodenice
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File AOS, do that yesterday.

 

Whether you defend in full and lose, it makes no difference at all. You need to get the details from HFC to see your course of action.

 

You will defend at least part, as you can reclaim the charges.

 

If you have been paying the DMP all the time, the judge will look dimly on this case being brought. In fact, if you are paying too much, there is always the chance he will reduce payments. Judges are not there to take your money off you, they really will help with what you can afford.

 

 

Jogs

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right I did the AoS and convinced my boyfriend that it makes no difference if we defend and lose as it does to admit it straight away - so we have decided to defend all of it. I sent the letter (the CPR one) off recorded delivery end of last week.

 

I'm not sure what to do now. But I do feel amazingly relieved that we are actually doing something. :)

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I wonder if anybody would mind advising me as to the order of what happens next ...

 

We have sent off the AoS and said we are going to defend all. This gives me another 14 days added on to the original 14 days and makes the date that I have to do something by the 6th December.

 

I have already sent off the letter (CPR) which includes a CCA request under civil proceedings and I would expect a reply with full details of the credit agreement, default notices etc by the 22nd November latest.

 

I really need to see what they send back before we mount either a full defence or a partial one (i.e. for the fines or the whole amount).

 

I'm just not sure what order everything goes in! I've tried reading through a few other cases and some stickies but I'm stuck.

 

So its Court Papers

Send off CPR request

AOS

Add 14 days

Defence?

 

and do i come back on here when I have either received or not received papers to ask advice for defence.

 

I understand you are all really busy and I appreciate any help.

 

thanks

Jo

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Hi Jodenice

 

Thats about correct, as i said earlier in your thread very rarely a CPR is responded to so you will be no further on when it comes to submitting your defence.With the CCA request as i did advise this can not be ignored and does place the Claimant in default the CPR does not.

Im sure more expieienced posters will advise further when you come to submit your defence.

 

Regards

 

Andy

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The CPR letter is the required thing to do but as per my post#13 and #31 the Claimant can choose to respond or ignore or drag it out for ever and again this does not put the claimant in default only the CCA request does.

Logic really you come to submit your defence no response to CPR!!! no way of assetaining is there a valid enforcable CCA you are fighting in the dark springs to min.

Scenario 2 you come to submit your defence they have either complied to you valid legal request made with your statuary £1.00 or ignored and are in default or have complied and you have the the CCA to hand to enable you to draft a far more particularised and stronger defence.

When I suggest something it is usually for a reason;)

 

I tust the above explains my reasons

 

Regards

 

Andy

Edited by Andyorch

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Excellent lets try to keep this thread on track now.

PS dont sign the CCA request Postal order print name

 

 

Regards

 

Andy

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Arrgh, I've just been reading all the other weightmans / hfc threads

and to say I am panicking is an understatement. They appear to fight it til the very end, add thousands of pounds costs and people on the forum are ending up having to pay for legal representation.

 

I am really scared, I pushed my boyfriend into this and he's going to go mad if he has to keep going to court, to case managment sessions etc.

 

The main worry is that we cannot afford to pay the whole sum, even if they had a reduced offer, this is why he is on a DMP.

 

Feel a bit sick, and like I might have made a mistake.

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Jodenice

 

How much is the claim for?

Hope your not veering off track again??

 

 

Andy

Edited by Andyorch

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I confess I am veering off track. Temporarily. I can't help it. Its the sheer panic and realisation that I have as many legal skills and as much legal understanding as a piece of wilted broccoli. :D And that my boyfriend has even fewer!

 

The claim is for £1790.

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You sent the CPR 31.14 letter right? Then good. There is no prospect of any solicitors charges being dumped on you for fighting this claim beyond solicitors costs already mentioned on the claim form. This is because the sum involved is less than £5,000.00 and if you defned the case it will be allocated to the small claims track.

 

I realise not being able to pay the sum sued for would be a worry. Defending is your legitimate endeavour to avoid paying that which you can not afford to pay. Throwing the towel in is the shortest route to having a court direct you to pay that which you can not afford to pay. Going the shortest route therefore sounds pretty stupid to me.

 

You're mistake would be what exactly? I only ask because given your options, I can't see one.

 

x20

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So if your case was to go to trial you would be in SCT (small claims track)

what are the costs so far on your summons?

 

 

Andy

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