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Lowell CCJ claim form X 2*** Both Discontinued ***


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The fact that no reference has been made to the breach and Default Notice is not a show stopper or argument at this stage.

 

The 8 % interest is only a request to the court if their claim is successful ......at this stage its not included in the debt amount.

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would I refer to the default notice in my cpr 31.14 request still or just leave it as the Assignment and CCA as they are the only two named documents.

 

Hi, anyone answer this please?

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You have answered your own question...if that is all that is referred to that is all you can.

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Got my DQs for first claim today, what do I need to do now? They havent complied with my CPR request and the account should be in dispute. As soon as they do comply and show me account statements I'll have charges to claim back to fuel the dispute.

 

What do I put in the DQ? Is mediation any use as the account will be in dispute or should I use their non comliance with CPR as my way out?

 

Little bit out of my depth now.

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A1 Yes

 

B Self explanatory

 

C Yes

 

D 1.State your local county court

2.No

3 yourself

 

E Ignore

 

http://hmctsformfinder.justice.gov.u...s/n180-eng.pdf

 

Copy to your Local CC and serve a copy on the claimant.

 

Regards

 

Andy

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  • 2 months later...

Settlement and narrowing of the differences?

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Uncle Bryan has sent me a letter offering possible reduced amount if I agree to a monthly payment for the second claim. It says on the letter if they do not hear from me in seven days regarding this offer they will apply to have my defence set aside. They have still not complied with my CPR request. I'm thinking I should reply along the lines of this.

 

Dear Uncle Bryan,

 

As you have failed to supply me the requested documents in my CPR request dated XXX I am unable to either confirm or deny the amount of debt or even if the debt is mine to pay. Should this debt prove to be the one I believe it to be then I will be reclaiming the penalty charges unlawfully charged on the account placing it in dispute, as such continuing with your court action is both a waste of the courts time and possibly harrasment of myself. I will not be offering a monthly amount for a debt that you have failed to prove to me is mine.

 

Thank you for the offer,

 

Kalahari.

 

Obviously this is just a rough draft of what I'm thinking so any suggestions welcome.

 

Thank you.

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I personally wouldn't respond...but your call.

 

Andy

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It states on the letter 'if we do not hear from you we will apply to the court to strike out your defense at hearing' so I'm assuming I have to tell them either yes or no.

 

They may apply to strike out your defence if you don't answer but beyond that you're not compelled to respond so if you're happy that your defence would survive a strike out application then don't worry. If you're not happy about that you may want to seriously consider settling the claim anyway!

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Can you settle the claim kalahari ?

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No, I'm struggling to pay any bills at the moment so I cannot pay anything. I'd like to know what I'm paying as well. If there are charges etc I'd like to claim them back towards the balance. I'm resends the SAR and CCA requests out this week.

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Then you need to allow the process to continue and take their threat of SO as just that a threat in forcing you to make a payment offer/arrangement.If they were going to make application to SO they could of just done it anyway without making writing to you.

 

If you wish to argue the unfair charges then perhaps mediation would be an opportunity to use it as leverage in agreeing a monthly repayment plan?

 

Regards

 

Andy

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  • 1 month later...

Quick update: Less than a week till court and they have not sent any documents. I cannot send my defense as they have refused to send me documents at all times. They also refused mediation.

 

Ive started a new job and will find it difficult to attend court, can I submit a revised defense by post stating I'm unable to defend my case due to claimant none compliance with court directions and failing to show me any documentation.

 

It seems to me they are using the court system to scare people into paying debts out of panic and put little effort into actually winning defended cases, surely this is something I can complain to the FOS about?

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So they didn't make application to strike out your defence as threatened in November ? Is this the trial date next week?

 

Why submit a revised defence (not that you could with less than a week to trial) if nothing has been disclosed and they have failed to do standard disclosure then you should be asking for their claim to be struck out.

 

Regards

 

Andy

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Who is Lowells solicitor in this?

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

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Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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Who is Lowells solicitor in this?

 

Have a guess Brig:roll:

 

I thought I could not ask for it to be struck out? Should I be writing to the court to inform them I cannot defend myself due to their none compliance.

 

 

You can if they have failed to comply with a Court Direction...as the court requested they send the relevant documentation to you?

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Well I should have guessed not enough time this morning, delaying tactics imo.

As Andy they have failed to comply with an order go for them hard.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

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You can if they have failed to comply with a Court Direction...as the court requested they send the relevant documentation to you?

 

Theres no specific court request but I thought the docs they are basing the claim on would have to be produced 14 days before the court date.

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Theres no specific court request but I thought the docs they are basing the claim on would have to be produced 14 days before the court date.

 

 

Only if the court has requested it within your Notice of Allocation ? or by separate General Order ?

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