Lowells/Carter claimform - JDW cat 'debt'

[bambi2915]

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this is the letter i have printed out to send tomorrow , please check the first part that i have added to say about timescales , obviously as my defence needs to be in by the 20th andy , Please could you let me know am i doing the right thing and also if i dont send in my defence by 20th will i get the ccj ? kind reguards nad

[AndyOrch]

I would remove any reference to court claims...its your legal right to request this whether you have a claim or not and at any given time.From the above you are telling the claimant what your defence will be based on...none compliance.

 

Forewarned is forearmed...just request it within the legal normal time-scale...all will become clear as this progresses.

 

Andy

[angel_1]

hiya what is the date on the claim form pls, you can then work out correctly the day your defence is needed to go like andy has said you have the 33 days from that date on the claim form, hope that helps you to help us understand exactly when your defence is due in, x angel x

[bambi2915]

thank you both for you input , so ill take out the part about my defense. im not sure what forewarned and forearmed????.... my defense needs to be in by the 20th of this month . So should i still send this letter today and also submitt my defense in a few day regauardless of if i have a response from bcs? many thanks nad

[bambi2915]

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[bambi2915]

above reajusted letter. i just took aout the part about my defense , i know it must be frustrated by newbies as its difficult for people such as myself to understand all the different terminology. I am not academic and find it difficult but am not going to allow a ccj to be placed on me for something which to date i am unaware of . I want to put in my defence that i am unaware of this account i need paperwork cca ect so that i can fully understand what they are taking me to court for . is that ok to do that , if you could possible take the time to reply again as i need to post this letter today. i cannot thank you enough for what you have done and i will be certain to help keep this site running by making a donation.

reguards nad

[AndyOrch]

Forewarned is forearmed...because of the points you added above to the section 78 request, it screamed to the claimant ...." my defence is dependant on you complying in time and if you dont comply on time I have no other defence "

 

 

Lets say for argument sake bambi they did comply before the 18th and you now have a copy of your agreement and T&Cs..all valid and legal what would your defence be based on?

 

 

Regards

 

Andy

[bambi2915]

ok andy i understand thanks for explaining , so the new letter is now ok then and what do you advise i now do? in repects to i send this off today then should i start to prepare my defense upon the basis i have no acknowledgment of this account and seeing that bcs have not complied with my requests for the relevant paperwork that i request that they throw it out ? many thanks andy

[AndyOrch]

Yes its fine just add an header of " I do not acknowledge any debt with your company "

 

You dont have to ask it to be struck out if they cant comply the court will.

[bambi2915]

thank you Andy you have my sincere grattitude. I will send this letter and let you know how i get on . I cannot for the life of me remember this account but like i said myself and my husband had many accounts that have all been settled so this one was a shock, If they provide me with evidence that infact this was a account will that effect my case as i would look like a liar then. but i am genuine i cannot find any correspondance from this particular cataloge. again Thank you

[AndyOrch]

You can always withdraw a defence should the claimant be able to clarify and prove the debt is legally enforcible.

[bambi2915]

Hi well my cut of date to get my defense in is 20th Jan , so even though iv not heard from bcs should i still send the defense of today ? many thanks nadine also can i send defense via the web or does it have to be in writting ? thanks hopefully this will be last step

 

omg andy i need your help !!! iv just realised the issue date was 13th dec, not 19th as originally thought. Now what will happen as i have no time to put in a defence please help

 

my defense was supposed to have been in on 15th , im devestated , what can i do

[AndyOrch]

Calm down bambi

 

With retrospect you were asked 3/4 times at the start of this thread the date of issue (date on the blue claim N1) as you kept stating I acknowledged on the day of receipt (19th) it was a given that was the service date.

 

Very important to check dates and follow the time line.

 

Ok lets move on can you log into MCOL and check the status ? will it allow you to enter a defence?

 

Regards

 

Andy

[bambi2915]

Thank you andy , i know im as mad as hell with myself for this huge mistake , iv been on various helplines , i will do this asap and have a look , i have infact just recieved a letter back from bcs with my postal order stating they cannot provide me with the paper work and to get in touch with lowell , also saying if i could phone them to make a payment offer.

[AndyOrch]

Ignore them for now check the screen.

[bambi2915]

my day is going from bad to worse , for some reason my details did not save on my pc and therefore i have no log in details , i think i ll have to post my defense and just hoper for the best , i cannot even getto talk to a human on the northampton county court. i telephone bcs who says they are still claiming

[mjt2013]

I would absolutely tell the solicitors that you do intend to defend the claim and if they apply for default judgment you'll apply to have it set aside. The court won't do anything unless the solicitors tell it to enter default judgment so put them on notice immediately.

[bambi2915]

iv just spoken to the court and they have said even though my defense should have been in by 15th they are awilling to take a look at it and iv emailed my defence along to them . I told bcs that i have sent my defense off and that i am going to fight them all the way . So how do i put them on notice ? thanks again

[bambi2915]

Hi Andy , i wonder if you can help me with the next step , the court filed my defence and iv recieved a letter back of bcs saying that they are going ahead with the claim and that they are open to mediation . what do i do next , many thanks

[AndyOrch]

Does he refer to anything else...just mediation...? Nothing with regards to your defence or settlement by Consent?

 

Regards

 

Andy

[bambi2915]

Hi Andy, no , just a very short letter saying that that have informed the court they will be going ahead with the claim and that they are open to mediation or offers and that they will look forward to hearing from me.

 

But as they have never given me any evidence of this account i am not going to offer anything.

prove i owe you the money or take me to court i say. there was no instructions and iv not heard anything from the court.

[bambi2915]

oh they said on the letter thank you for your defence . very short and sweet . they also included a letter that they had sent to the court and that just said that they thank them for the defence and that they will be persuing the claim.

[AndyOrch]

Just ignore then if its your intention to proceed.....

 

Once a defence is submitted the claimant has 28 days to review decide if they wish to proceed....If so then they inform the court and the court releases further forms called Directions Questionnaire..this is to allocate the claim to track and to your local county court...you will also receive one but the claimant pays a fee.. you do not.

 

Hence the above letters..he is testing the water with you to see if you are prepared to settle and save him the time and expense of proceeding to the next stage.

 

I doubt very much he has informed the court he wants to proceed its subject to your response to the above.

 

However should he proceed and you will get a DQ you will be expected to participate in mediation at that stage..because the court has requested and expects you to.

 

Hope that makes sense.

 

Regards

 

Andy

[bambi2915]

yes thank you Andy it does makes sense , i had seen a previous case you had helped with and iv read through it. Thank you very much with your continued support, without people like you bully boys like this would get away with murder. thank you

[bambi2915]

hi andy , the next part of this, i recieved a questionnaire of the court yesterday , wheni went to fill it out today i notice that its dated 1/2/14 , and had to be in by today. ???? they have given me no time to fill this in , can i do it via internet or telephone? please if you have a spare five mins to answer today and also do i put i want mediation even though i want proof this debt is mine and also i put my local court and the reason as its nearest to me?? again is this ok ,. cheers andy i cant wait for this to be over

 

also do isay yes to the free mediation service? thank you