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Help Please with Claim Form!!!


Honeypot
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Hi

 

Can anyone help please?

 

I want to admit part of my credit card claim so the resonse pack says to send the admission form and the defence form to court.

 

Do I also fill out the AOS as well as I want more time?

 

Also I have posted this question elsewhere but thing it maybe best answered in this forum but can anyone confirm if I can try challenge the claim at this stage and get penalty charges knocked off?

 

Thanks

 

Vicky

xxxx

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honeypot,

 

I've answered your question on your other thread. Yes you can claim back these charges and by all means cut and paste what I put - but make sure that you do understand what it says.

 

You should send back the aknowledgement of service as this will give you an extra 14 days before you need to send back your defence

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Thanks Nicklea

 

I'm a bit confused as the reponse pack says that if I admit part of the claim I just need to send Admission and defence. It doesn't mention sending the AOS as well.

The claim form says the AOS is only used when disagreeing with the full amount.

 

Can I just get clarification on what to send back?

 

Thanks

 

Vicky

xxxx

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hello

 

I'm really confused and time is running out.

 

As mentioned in my earlier posts I want to try claim back credit card charges from the total balance on the POC.

 

So therefore I admit part of the claim. I phoned the court yesterday and they said when you admit part of the claim you just complete admission form and defence. You cannot complete the AOS to gain more time.

 

Is this correct as it contradicts Nicklea's post?

 

Please help!

 

Vicky

xxxx

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Hi honey, not too sure but is there not a counterclaim form that came with the N1 from the court?

 

I think this one

 

http://www.hmcourts-service.gov.uk/news/forms/docs/n9b_0406.pdf

 

There is a section in there to what you admit you believe you owe and what part you don't..........hope that makes sense and is of some help honey.

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Hi

 

I received the N1 form with POC on etc. I received a response pack (N9CPC) which has a AOS, Defence & Counter Claim (N9B) and a Admission form (N9A)

 

The response pack says complete Admission and Defence if I want to dispute all or part of the claim (which I do)

 

I am just stuck as to whether I can still complete AOS and buy some more time.

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I think i understand it now !

 

I need to fill out the AOS and state whether I wish to defend all of the claim or part of the claim and then file a defence within 28 days.

 

i was panicking as usual and didn't read it properly.

 

Sorry guys

 

x

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I'm just filling out the AOS as we speak. Now I'm stuck again:x

 

Should I put I intend to Defend Part of The Claim (penalty charges) or should I put I Intend To Defend all of the Claim and make a Counterclaim for the penalty charges ?

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I would suggest defend part of the claim. The reason being is that if you want to make a counter claim then you have to pay a fee. If you are just defending then you don't have to pay anything.

 

When you sasy that you are only defending part of the claim, are you certain that they have an enorceable agreement - although this only applies if you signed it before 5th April 2007

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Hi Nicklea

 

Thanks for calling by.

 

The CCA is from Jun 2006 and I posted it on here and a Site Team member checked it and said it was properly executed and enforceable.

 

I will try defend part of the claim.

 

To add up all the charges that have been applied do I need to request a SAR or do I send a CPR request to the solicitor for all the charges ?

 

Also even though I have had a CCA back and checked, should I request a true copy along with the DN in a CPR request or is that pointless as I am admitting to part of the claim?

 

Thanks

 

Vicky

xxxx

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Honeypot

 

have you tried making an offer to the solicitors involved of say 60-70% of the claim? They may ask you to consent to a Tomlin order which has the same effect as a CCJ (which you will get if you admit part of the debt anyway).

Arrow Global/MBNA - Discontinued and paid costs

HFO/Morgan Stanley (Barclays) - Discontinued and paid costs

HSBC - Discontinued and paid costs

Nationwide - Ran for cover of stay pending OFT case 3 yrs ago

RBS/Mint - Nothing for 4 yrs after S78 request

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  • 2 weeks later...

Hi All

 

I think I have screwed up. I have sent in my AOS along with intention to defend part of my claim. The court have confirmed I have until 5pm, Wed 9th to file my defence.

 

The thing is I have forgotten to send a CPR request to the solicitors.

 

I know the CCA is correct and the DN I received through the post is correct so all I want disclosing is how they reached the balance due on the POC.

 

Can someone help?

 

Do I need to send a CPR request today special delivery for tomorrow asking for a statement of charges etc or do I just file a defence. I'm getting confused.

 

Thank You

 

Vicky

xxxx

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Hi Vicky

 

You do understand that by entering a plea of Part Admittance you will receive the CCJ anyway.

Your dilemma is whats the true amount that you owe and how do they arrive at the figure they are claiming

If you don't agree with the amount owed

 

If you do owe some money, but don't agree with the amount claimed, this is known as 'making a part admission'. You should:

  • return the 'Admission Forms' N9A and N9B to the issuing court
  • say on the forms how much you think you owe the claimant and why you don't consider you owe any more than that
  • make sure the court receives the forms within 14 days (allowing at least two days for posting)
  • either pay the amount you think you owe straightaway, or ask for time to pay - either by installments or by a certain date.

A CPR request would be pointless at this stage IMHO.

 

Regards

 

Andy

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Hi Andy

Good to hear from you. What you have said makes sense but I think I have gone down the wrong route.

 

I have sent AOS and N9A electronically and intention to defend part of claim. Therefore I have to now submit a defence of some kind.

I need all my statments to see how many charges have been added on. I'm not sure how to go about this. I thought by asking for them in my defence would be correct.

 

I getting panicky now as I have to submit my defence by Wednesday.

 

Should I send a defence saying that I need the statements sending to me then I can admit what part I owe?

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Did you not complete the N9B? Part admission requires submission of both forms as your defence is entered on

N9B.

 

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

If you want advice on your Topic please PM me a link to your thread

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Hi Andy

 

I know what I have done. I have responded as if I dispute the whole claim (which in a sense I do) rather than Part Admission.

 

Should I ring the court?

 

I cant fill in the claim form as i am unsure what amount of charges I have had and therefore what I dispute.

 

Vicky

xxxx

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