Advice Needed Please

[johnnybgood]

I have an on going claim against me..heres a run down of events..

 

received the claim..

Acknowledged the claim

sent Cpr31 request to claimant

they failed to supply anything

I Submitted an embarrassed defence

Court Stayed the claim..

 

now they have applied to the court and had the stay lifted..

 

this was done without a hearing..

 

What do I do now?

 

It says I have 7 days to apply to have it set aside, varied or stayed according to rule 23.10

 

I'm confused..Please help

[AndyOrch]

Dont do anything let it proceed.The next stage of the process is you will receive an AQ on completion of this you request disclosure and inform the Court noncompliance to your CPR request.They will have to produce the docs before a trial date is set.

 

Regards

 

Andy

[johnnybgood]

cheers for the reply andy..

forgot to ad there is already an allocation questionnaire attached to it..

got to file it before the end of the month..

[AndyOrch]

Ok Johnny N149 or150?

 

You ok completing this? Just post if you are unsure

 

Regards

 

Andy

[johnnybgood]

its the 149 form..

 

not sure what to put in the other info box

 

also why is there a fee and what is it?

 

cheers

[AndyOrch]

The Claimant pays the fee not you.

In other you need to state that you have requested information pertaining to their claim but this as not been provided.As this is Small Claims Track you are restricted on your directions but you can request that the Court orders the Claimant to disclose the documents you require and that stage you will better informed to submit a full defence to their claim etc etc.

 

Andy

[johnnybgood]

Thanks Andy..

 

do i need any tech jargon or just plain english?

[AndyOrch]

Whatever you feel more comfortable with.

 

Andy

[johnnybgood]

I read somewhere that they may produce a new statement of account and new default notice...can they do that?

[AndyOrch]

They can produce as many statements as they like assuming they have an enforceable agreement with all the prescribed terms and with your signature on and is legible.However if the account as been terminated which it has been because litigation has commenced then no further DNs can be issued.

Perhaps you could expand as to why this is concerning you?

 

Regards

 

Andy

[johnnybgood]

Hi Andy,

 

I received a statement of account and a dn while the claim was stayed..

and I was thinking this is what they might produce at the hearing..

[AndyOrch]

Have you ever requested a copy of your CCA?

Is that the first sight of a DN you have been sent?

If you could post a copy of it less personal details.

If you could expand on the basis of the debt and the reason for defending this claim.

 

Would help to flesh the bones out on your situation to enable me to advise.

 

Regards

 

Andy

[johnnybgood]

Thanks for your help on this Andy..

 

its a credit card debt from 2007

the debt was sold to the company that has now sent the claim.

got the claim in nov 2009 and acknowledged it

sent cca request to claimant

got a reply saying they needed an aditional 14 days to provide documents that I requested..

meanwhile I sent in my embarrassed deffence on the due date

the court stayed the claim ( but didnt tell me anything)

 

7th april i received a dn dated the 1st saying i have 14 days from date of notice to pay arrears..the total balance includes the claim costs even though there is no judgment yet..

 

which brings us to now:

claim stay lifted and aq to file..

[AndyOrch]

Thanks for your help on this Andy..

 

its a credit card debt from 2007

the debt was sold to the company that has now sent the claim.Have you received a valid NoA (Notice of assignment)?

got the claim in nov 2009 and acknowledged it

sent cca request to claimant

got a reply saying they needed an additional 14 days to provide documents that I requested..have they complied?

meanwhile I sent in my embarrassed deffence on the due date

the court stayed the claim ( but didnt tell me anything)

 

7th april i received a dn dated the 1st saying i have 14 days from date of notice to pay arrears..the total balance includes the claim costs even though there is no judgment yet.. Mmmmm issuing a DN after litigation has commenced total defence

 

which brings us to now:

claim stay lifted and aq to file..

Post up before submission I will tweak it.

 

Regards

 

Andy

[johnnybgood]

neverreceived a notice of asignment

and they did not comply with cca request

what do you want me to post?

[AndyOrch]

Your AQ Johnny when you have completed it also a copy of the DN less personal details thx.

 

Also who sent the DN orig creditor or the DCA?

 

 

Andy

Edited May 12, 2010 by Andyorch

[johnnybgood]

Hi Andy, The DCA sent the DN while the claim was stayed..

I sent CPR request to the DCA and the Creditor with £1 cheques which they have not cashed..also The DCA acknowledged the request but failed to provide..

I dont have a scanner to scan the DN for you..what do you need to know about it?

[AndyOrch]

Hi Andy, The DCA sent the DN while the claim was stayed..Ok

I sent CPR request to the DCA and the Creditor with £1 cheques which they have not cashed..also The DCA acknowledged the request but failed to provide..I assume you mean CCA Cpr is free have you done this also?

I dont have a scanner to scan the DN for you..what do you need to know about it?

 

if its valid ie layout amount dates does it allow 14 days plus delivery time to allow you to rectify the breach.

Regards

Andy

[johnnybgood]

No.. it was dated the 1st april but i did not receive it till 7th april

the DCA sent it but it is in the creditors name and layout

it says that i have 14 days from the date of the DN

but this was sent while the claim was stayed..

[johnnybgood]

sorry Andy missed a bit..

 

I sent a CPR request but enclosed a £1 cheque with a covering note saying it was to cover thier copying costs..

that must be why they didnt cash the cheques..

[AndyOrch]

No.. it was dated the 1st april but i did not receive it till 7th april:)

the DCA sent it but it is in the creditors name and layout

it says that i have 14 days from the date of the DN

but this was sent while the claim was stayed..

 

 

And there you have your defence, I trust you retained the envelope as proof;)

 

 

Regards

 

Andy

[rajubhai]

Hello,

 

My friend has a lot of debts and he has moved overseas and has given my address as forwarding address. He has been sent a lot of debt notices from various companies (on his name of course). Being the forwarding address tenant, what is the legalities or things I must look for or want to know if I am not affected by this at all.

 

Cheers, RajuBhai

[AndyOrch]

Hello,

 

My friend has a lot of debts and he has moved overseas and has given my address as forwarding address. He has been sent a lot of debt notices from various companies (on his name of course). Being the forwarding address tenant, what is the legalities or things I must look for or want to know if I am not affected by this at all.

 

Cheers, RajuBhai

 

 

Hi Raju

 

No affect, they are in his name, just forward them on

Wecome to CAG

 

Regards

 

Andy

[johnnybgood]

Hi Andy, I kept the envelope, but it has no date stamp..they are sending them via franked mail.. unless there is a way to tell the date that I dont know about

[johnnybgood]

i'm fiding the AQ a bit hard to fill in..the more info bit..I know that I need to mention that they failed to provide info under cpr31 and that I need the info to prepare my amended deffence..but i'm unsure how to do that also the default letter coming after litigation is started..that must be wrong..