Carter/lowells claim form HBOS loan - help

[N-Hope]

Guys, Any updates for me please, I don't want CCJ.

I have been speaking to friends and family if they could assist in getting some money, but my worried is that, at the back of the claim form regarding payment/settlement, if I decide to spread the payment I will still have CCJ registered but paid in full they didn't say what will happen.

Is there any way I can buy time?

If I decided to defend the case and ask them to provide me some document, I am sure that before they will respond it might take a while and that will afford me time to put some money together and if at the end they come back with the documents can i still pay in full without any CCJ registered?

[BRIGADIER2JCS]

Please read Citizen Bs post 21 and do what has been suggested then you will get help. Have you sent the CCA request yet,

Edited January 24, 2014 by ims21

[N-Hope]

No, I have no clue what that is all about, please help

[ims21]

What is the date of issue on the claim form?

[N-Hope]

GRIGADIER2JCS Yes, I found the CCA link and template, I will do that now and wait for their response.

I was able to get the credit report today and the default was 2009 and lowell name was on the account , does that mean they bought the debt.

likely they might not have the agreement

[sequenci]

Hello there, it's very likely that they have bought the debt. Get the CCA off pronto, and if you can answer IMS' question about the issue date that would be great.

[N-Hope]

Issued date is 17th Jan.2014.

[ims21]

Ok so 17th Jan + 5 for service = 22nd. You have 14 days from then to acknowledge so you must do this by 5th February and then you have a further 14 days to file a defence so that makes it 19th Feb for anyt defence to be filed.

 

Your acknowledgement can be done on-line using MCOL and by following the instructions in the claim pack which was sent you.

[N-Hope]

IMS21/All, thanks for telling me this, I was looking at 4th of feb.

I will send the CCA to them and wait for their response, if they don't response before 19th Feb. i will file a defense

[sequenci]

Do acknowldge the service

[N-Hope]

sequenci, to acknowledge the service i have to do that on line...

[sequenci]

You can do it by using the Money Claim Online system.

[N-Hope]

Dears, IMS21/All, should i sign the CCA letter or just name in capitals.

thanks

[Mike_hawk]

N-Hope

 

I think if it were me I'd acknowledge and state that you will defend all, not sure whether you have a valid defence but this will buy you time to construct something if only a denial and putting it to proof. Bear in mind that you can change position and admit at any time if you decide that going to trial with this is not something that you'd be comfortable with.

 

If BC issued the claim it is very likely that it will offer to compromise the case by consent on agreed terms after receipt of your defence, whilst this may not be the outcome you want it would provide you with an option to avoid judgment at affordable terms if your case is weak.

[N-Hope]

Thanks Mike_hawk,

I will send the CA request but should I wait for their response (depend on time scale) before I will acknowledge and send my defence.

Also a valid defence will be based on the documents received/feed back from them right....

If my defence is weak, the only option I think I will have is to admit and settle the full payment....please correct me if I am wrong.

[Mike_hawk]

Thanks Mike_hawk,

I will send the CA request but should I wait for their response (depend on time scale) before I will acknowledge and send my defence.

Also a valid defence will be based on the documents received/feed back from them right....

If my defence is weak, the only option I think I will have is to admit and settle the full payment....please correct me if I am wrong.

 

You can acknowledge now, don't wait on the other side to respond to your request for info

 

Looking back through your thread that would give you until 19th Feb to file your defence, I'd be inclined to see what its response is before making any conclusions, if it appears that you have no defence then we can look at what options [if any] are open to you to resolve without the headache of a judgment.

[N-Hope]

Hi All,

Thanks for all the advise.

I have sent off the CA request, also acknowledge the service but still waiting for responses...

Also do I need to send any letter to BC?

But the question is how to file my defence......

I will keep you posted, as soon as I get any response back.

thanks!!

[N-Hope]

Hi All,

Nothing new yet, still waiting to hear from both side.

Thank you for the advice.

cheers!!

[Mike_hawk]

You have a while yet to think about your defence.

 

Letter to BC....... you could certainly serve a part 31 request for any documents mentioned within it p.o.c. I can see that you've posted an extract from its particulars but it would be helpful to see it in entirety to identify which documents you should request. BC won't do much but reply with the usual bluster regarding small claims track exclusions etc but it never hurts to ask.

[N-Hope]

Thank you Mike_hawk for your prompt response.

Okay, i will scan and attach..

Letter to BC, if not really necessary, i would wait for the other party to respond.

 

[ATTACH=CONFIG]49079[/ATTACH]

Hi Mike_hawk, as requested here is the p.o.c, hope i have not taken too much details out, if you need more pls do let me know.

many thanks!!

[Mike_hawk]

Looks fairly typical of BC's particulars, I'd send it a part 31 request for copy of the agreement and notice of assignment. Other than that there's not a lot more you can do at the mo, give it a few more days to reply to your CCA request [if any] and start looking at defences on here which could possibly be revised to suit your circumstances

[N-Hope]

thanks!

Please is there anyway I could get the part 31 template?

[AndyOrch]

In the library (Legal Section )

 

Save you a journey:wink:

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?387484-LEGAL-CPR-31.14-Request-Request-for-information-when-a-Claim-has-been-issued.

[N-Hope]

wow thanks!!

i will check it now.

 

Yes, I got it,

I will complete it now,

thanks

[AndyOrch]

Amend to suit...you can only request the docs referred to with the particulars.