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    • you IGNORE THEM. stop being had blind nothing anyone can do to you. dx  
    • Which Court have you received the claim from ? Name County Court   MCOL Northampton N1 ?yes Manual Claim CCMCC (Salford) ? New beta WWW.MONEYCLAIMS.SERVICE.GOV.UK ? Yes If possible please scan redact and upload a full page copy of page 1 of the claim form. (not the response page or AOS)     Name of the Claimant ? Give answer here Lowell How many defendant's  joint or self ? Give answer here Self 1 Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to. Give answer here 08 may  ^^^^^ NOTE : WHEN CALCULATING THE TIMELINE - PLEASE REMEMBER THAT THE DATE ON THE CLAIMFORM IS ONE IN THE COUNT [example: Issue date 01.03.2014 + 19 days (5 days for service + 14 days to acknowledge) = 19.03.2014 + 14 days to submit defence = 02.04.2014] = 33 days in total   Date of issue XX + 19 days ( 5 day for service + 14 days to acknowledge) = XX + 14 days to submit defence = XX (33 days in total)  if your defence filing date falls on a W/End, you must file by friday @4PM     Particulars of Claim   What is the claim for – the reason they have issued the claim? Please type out their particulars of claim in full (verbatim) less any identifiable data and round the amounts up/down. state how many digits the account number has.. Give answer here  the claim is for sum of 1650£ due by the defendant under an agreement regulated by the consumer credit act 1974 for capital one account with an account reference of xxxx tge dependent failed to maintain contractual payments required by the agreement and a default notice was served under s87(1) of the consumer credit act 1973 which has not been complied with the debt was legally assigned to the claimant on 18/03-21 notice of which has been given to defendant  the claim incudes statutory interest under s69 of the county court act 184 at a rate of 8%per annum from the date of assignment to the date of issue of these proceedings in the sum of 132£ the claimant claims the sum of 1782£   What is the total value of the claim? Give answer here 1977£ Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? Give answer here Not sure  received a letter on 24 march stating Letter of claim- you have 30 days to prevent legal action Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? Give answer here No Did you inform the claimant of your change of address? Give answer here Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Give answer here Credit card When did you enter into the original agreement before or after April 2007 ? Give answer here After Do you recall how you entered into the agreement...On line /In branch/By post ? Give answer here Online Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? Give answer here Yes Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Give answer here Debt purchaser Were you aware the account had been assigned – did you receive a Notice of Assignment? Give answer here Unsure Did you receive a Default Notice from the original creditor? Give answer here Unsure Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? Give answer here Not that he recalls Why did you cease payments? Give answer here Lost job What was the date of your last payment? Give answer here Feb 2023 Was there a dispute with the original creditor that remains unresolved? Give answer here No Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Give answer here No What you need to do now.    Answer the questions above   If you have not already done so – send a CCA request to the claimant for a copy of your agreement (If Applicable) (except for Overdraft/ Mobile/Telephone accounts)   Send a CPR31.14 request to the solicitor named on the claim form for copies of documents mentioned/implied within the claim form. There are two different versions - one for Loans/Credit cards the other for Current accounts   Request 1 - Loans/Credit Cards     Request 2 - Current Accounts     You may use a CPR part 18 request for any other information (not request documents) that you might require in order to defend yourself. Please note that CPR 18 is specifically for Fast Track claims and although technically the claim has yet to be allocated to a track the claimant may refuse to comply for this reason.   If you require CPR Part 18 - this will need to be drafted specifically.   If you are not planning on defending for one reason or another – then you will need to complete an Income and Expenditure form and contact the Solicitor with your proposal. The N9a is already enclosed in the claim pack for Admittance which should be sent to the solicitor named on the claim form   If you are considering making a partial admittance N9b must be completed and returned to the court. Please note in most cases a partial admittance will result in an automatic CCJ for the amount admitted.   You have received a Claim - What you need to do.pdf1.33 MB · 241 downloads     Before Printing the PDF TIP   If you DO NOT wish to print Page 1 (Cover Page) of the PDF, please ensure to do the following:   Ensure you go to your Printer Settings and set it to 'Print from Page 2' (this way Page 1 (Cover Page) should not print out).   Note: This will save you Ink & Paper    
    • 3 threads merged for complete history of your debts. i suggest you re read from post 1 again. what are you doing still blindly paying a DCA on a historic debt?  
    • Hi, I have an old outstanding debt from 1994 due to MBNA for £20,000. The debt has been passed to various DCAs and is currently with PRA Group.  I sent them a CCA letter in January 2024. They acknowledged this letter and stated they would come back when they had more information, however the information did not arrive within the 12 working day scenario.. I have just received a copy of the agreement which goes back to 1994 from them. In their response letter they have stated " Please find enclosed documentation received to date: we are waiting further documents in order to complete your request. We have currently deemed this debt as unenforceable which means we are not able to take court or further action against you to recover the outstanding balance". They then go on to state "we are still legally entitled to:  1.Contact you to ask and repay what you owe 2.Pass your details onto a third party collection agency 3. Continue to report your account with the credit reference bureaux (as appropriate)". I'm at a loss as to what I should do next and would appreciate any guidance on this matter. I am currently paying £5.00 pcm. TIA      
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mo/tesco and credit card charges


mo
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Hi Mo,

 

The link I gave on the previous page sets out how to complete the AQ.

 

At the bottom of the Guide, it says "A suggested template for Draft Directions, which we advise that you include with your AQ... Revised version here (Sorry-link not working at present)"

 

As that link isn't working, click here for the Draft Directions Guide - http://www.consumeractiongroup.co.uk/forum/content.php?572-Draft-order-for-directions-including-directions-for-disclosure

 

If you're still stuck, tell us what you're stuck with - it doesn't help to just say, "Can anyone help." :wink:

 

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thanks,sorry about that,do i print it and send it or write on form?

 

were it says location of hearing,ive seen what to put,but i wondered as well if to put that i am themain carer for my dad who is 92 and i cant leave him for hours?

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thanks for the link,ive read it and copied it and i dont know what to include and what to leave out,its a credit card and im not making any sense of it

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Mo

 

Type out here each letter and what you have stated.You can download the N149 and then complete on screen and print 3 copies.

 

Andy

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Select your local county court. You'll have to arrange care cover for a few hours for a morning or afternoon court hearing, if it comes to that.

 

Print off the Draft Directions on a separate sheet. You'll use the one that:-

 

Gives you 14 days to produce your evidence, or your claim is struck out.

Gives them 14 days to enter their defence, or judgement is made in your favour.

 

In the Other Information Box, you put, "See Draft Directions attached"

 

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Draft Order for Directions so is it just this bit i use?

 

 

 

For straightforward bank charges claims where you are the claimant:

 

1. The Claimant shall within 14 days of service of this order send to the Defendant and to the Court:

 

a) A schedule setting out each charge repayment of which is sought, showing the date, amount, and reason given (if any) for that charge being made

b) Copies of any statement or other document relied upon as showing that each and every charge has been made

c) A statement of evidence of all matters relied upon as tending to show that the charges are unfair

d) Copies of decided cases and other legal materials to be relied upon

 

If the Claimant fails to comply with this order, the claim will be struck out without further order.

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andy i dont know what letters u mean,i have the n149 and i have finished completing it apart from the draft direction,and can i say that being as thick as me is not a natural atribute its something ive worked on for years

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The N49 is lettered A to I

 

Heres a link to complete on screen. :- http://wbus.westlaw.co.uk/forms/pdf/cpf09089.pdf

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I dont, thats your choice, but far more professional than biro, I want you to type here against each letter what you have stated

 

IE :-

 

A =

 

B =

 

C=

 

So I can help and check

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ok

 

a,no

 

b, asked for it to be at my local court becase i am claiming as an individual and the company carries bussiness in this area

 

c. yes

 

d.0

 

e. no

 

f.no

 

other information im stuck with the draft direction

 

h. fee n?a under 500.00

 

and ive signed it

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ok

 

a,no Change to Yes ,If you lose you will be liable for costs

 

b, asked for it to be at my local court becase i am claiming as an individual and the company carries bussiness in this area OK if you are suing an individual

 

c. yes OK

 

d.0 OK

 

e. no OK

 

f.no OK

 

other information im stuck with the draft direction In Other state The Claimant may make an Application for Summary Judgment pending the outcome of negotiations during the stay period.

You dont do Draft Directions on a Small Claim Track

 

h. fee n?a under 500.00 OK No Charge less than £1500.00

 

and ive signed it

 

Ok either write 3 copies out or use my download to type on screen and print 3 copies.One to Court one to Defendant and one for file.

 

Regards

 

Andy

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i thought i only had to send one copy to court

 

should i put yes to a,?

 

See Post #96 I cant make it any clearer Mo.

 

Andy

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