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    • @Man in the middle I've been searching the forum and you seem very knowledgeable. Would you mind giving a look at my query please? Thanks in advance!!
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    • "as I have no tools available to merge documents, unless you can suggest any free ones that will perform offline merges without watermarking" (which you don't) ... but ok please upload the documents and we'll go from there
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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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CCJ court claim form received


jodenice
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yes thats right.

 

Ah right, OK I have been told that it would be the small claims court but didn't realise about the costs.

 

I should say - I'm not usually such a nervous rabbit but having gone bankrupt years ago this is actually quite frightening - I was bullied horrendously by companies such as these and i'm worried about them trying to get their hands on my house, even if via my boyfriend!

 

I've sent it off saying I am going to defend it, sent the CCA via recorded delivery today too and I will stop moaning. Apologies and we are now back on track.

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Thank goodness for that:D

 

 

Andy

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OK today we got a letter from weightmans, along with our postal order and they enclosed:

 

a photocopy of a loan agreement, signed by my boyfriend (I never saw the original but this is one page and has the consumer credit act 1974 at the top)

 

a copy of the default notice from 1st July - which shows him having an outstanding balance of about 1500, a line which says 'less statutory rebate allowable' and then the total amount to be paid as about £1100.

 

Also, today we received a notice regarding his personal loan (different company) - from a company that had initially agreed to the dmp. do I just forward this to CCCS?

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Scan the document and save in "My Documents"

 

Go to "My Documents" and right click on the scan file name, you will the be able select "Open With" "Choose program".

 

this will open another dialog box and then find " Paint" and then click on it and click on "OK"

 

Paint will then fire up and your scanned doc will be opened.

 

Below File Edit etc. you will see some icons - the one you want is the paint brush one. This allows you to cover over the text you wish to hide.

 

Once done - Click on "File" then "Save as". Type in a name and in the box below select save as a jpeg file

 

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Bump.

 

I really need to get some kind of defence in order. I put down that I would defend all of it, but judging by the attached CCA and default notice sent out I will only be able to defend charges? Can i change it now?

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Hi Jodenice

 

Can you post a copy of the DN less any personal details.

 

 

Regards

 

Andy

We could do with some help from you.

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Hi Jodenice

 

Ok IMHO the CCA and the DN look valid and enforcable.can you clarify the following:-

 

Have you worked out the date of your Defence submission?

Have you worked out the value of the penalty charges?

 

My advise to proceed in this claim would be to submit a defence with partial admitance and concentrate on the penalty charges and the DN inclusion of said charges and a t the time of defence submission would be prepared to make a part 20 counter claim (subject to the value of the penalty charges)

 

I trust the above is of help

 

Regards

 

Andy

Edited by Andyorch

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

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The defence needs to be back in by 5th December. I am assuming the charges added are those specified in the particulars of notice - would that be correct?

 

I've just checked.

 

It says we owe 1544.77

Costs are 253.34

Which Equals = 1798.11

 

However, the 'amount claimed' shows £1772.75

Plus Court fee £75

Solicitors Costs 80

and the total amount asked for is £1927.75. Which isn't added up right but is to our favour by about £25??

 

The 'costs' aren't specified but I presume they are charges of some description?

 

And what is a part 21 counter claim?

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No by penalty charges i am refering to those levied to the account during its exsistance ie late payment charges.

 

A part 20 cc is a counter claim submitted at the time of the defence submission.

 

Andy

Edited by Andyorch

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Usually via A S.A.R ( subject access request) pre litigation post litigation via the CPR request unless he has retained his original statements.

 

If you are disputing the figures claimed an they dont add from the paperwork supplied ie summons default notice notice of arrears etc you can request a stay in proceedings at the AQ (Allocation Questionaiir) stage and request that the claimant verifies the figures claimed. ( at disclosure )

 

Andy

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I dont understand.

 

The CPR should actually state charges? As mine only asked for a copy of a default notice and CCA?

 

Secondly, if I try to find out the charges and I don't get them back in time for the defence, which looks highly unlikely at the moment, what defence would I put down?

 

Thirdly - what is the allocation questionnaire? Is this in response to the defence that we are supposed to put in?

 

And lastly, if we go for partial defence, we get a CCJ anyway don't we? Is there anyway of changing defending this and just admitting it? As it would seem that he will have the same outcome anyway?

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Have just double checked the default notice etc. It says we can make a payment of £1176 to clear the debt but doesn't reference a court claim amount.

 

The court claim definitely doesn't add up - the amount claimed is less than what is owed or shown as outstanding on the account. Only by about £20. but still different

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I dont understand.

 

The CPR should actually state charges? As mine only asked for a copy of a default notice and CCA? Yes CPR 31.14 as opposed to the CPR 18

 

Secondly, if I try to find out the charges and I don't get them back in time for the defence, which looks highly unlikely at the moment, what defence would I put down? An holding defence untill said information is furnished

 

Thirdly - what is the allocation questionnaire? Is this in response to the defence that we are supposed to put in? Yes providing the Claimants wish to persue the claim

 

And lastly, if we go for partial defence, we get a CCJ anyway don't we? Is there anyway of changing defending this and just admitting it? As it would seem that he will have the same outcome anyway?

That can be dealt with in your defence and the way it is drafted

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

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Right, i just used (and amended) the copy posted in the thread, it didn't even mention charges. Stupid of me. What now if i haven't even asked for a copy of them? Its too late to send something else as I will be outside of the time limit.

 

So my next move really will be getting some kind of defence in. I'm slightly worried that it depends on charges that I'm not even sure he received (although they do charge as standard so i am sure there will be some there).

 

Will it use anything else? The wrong amounts on the court claim? Would it even matter that the particulars of claim do not add up to the court sum?

 

I feel I am clutching at straws. :)

 

Edit I have just checked payments etc. They were paid their last full installment by me in March. They were then passed over to CCCS who due to an administrative error were slightly delayed, however they started receiving payments in July and have continued to do so up until now.

Edited by jodenice
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