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You have received a Claim - What you need to do. **UPDATED Jan 2019**

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You have received a claim form.

 

firstly - read all the posts in this thread FIRST...

 

then copy this first msg to your thread - and put your answer after each question

 

In order for us to help you we require the following information:-

[if there are more than one defendant listed - tell us]

 

Name of the Claimant ?

 

Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to.

 

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) -

 

^^^^^ 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

 

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.

 

What is the total value of the claim?

 

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ?

 

Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred?

 

Did you inform the claimant of your change of address?


Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account?

 

When did you enter into the original agreement before or after April 2007 ?

 

Do you recall how you entered into the agreement...On line /In branch/By post ?

 

Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ?

 

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.

 

Were you aware the account had been assigned – did you receive a Notice of Assignment?

 

Did you receive a Default Notice from the original creditor?

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ?

 

Why did you cease payments?

 

What was the date of your last payment?

 

Was there a dispute with the original creditor that remains unresolved?

 

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan?

 

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

(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 not 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.pdf

 

 

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


Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy -

HERE

2: Take back control of your finances -

Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors?

Read Here

4: Staying Calm About Debt

Read Here

5: Forum rules - These have been updated -

Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

 

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Once you receive a Court Summons N1

 

As a defendant in a small claims case it is important that you act quickly and do not ignore the claim form when it arrives. Remember, the claim will proceed anyway even if you don’t respond. If the claim goes against you, it will be very difficult to make a counter claim as you didn’t respond to the initial small claim.

 

You may be unaware that you are the defendant in a small claims case that a Creditor has bought against you. When the small claims form arrives follow these initial steps:

 

1: Read the Form Carefully

 

The detail about the claim that is being bought against you will be in the ‘particulars of claim’ section. If this section isn't completed, or has the words ‘particulars of claim to follow’ take no action now and wait until you are sent details of the claim against you. You may want to consult a lawyer at this stage.

 

2: Respond in Time

 

It’s vitally important that you respond to the claim for you have been sent. Remember that there is a 19 day (5 +14) time limit on this to acknowledge the claim.You must submit before the 19 days are up, so post your response with plenty of time.If your intention is to defend the claim in full you get a further 14 days to submit your response ...so 33 days in total.

 

3: Talk to the Claimant

 

Just because a small claim has been bought against you and a claim form issued, this doesn’t mean you are not allowed to contact the claimant directly. In fact the court encourages you to try and settle the claim without the need for a court appearance. So, try and resolve your dispute directly with the claimant if you can.

 

Not Responding to a Small Claim

 

If you ignore the small claims form when it arrives this can have an adverse impact on your financial status. The court will continue with the small claims lawsuit that is being bought against you even in your absence as this is a legal requirement. When the small claim is processed you will be sent a bill showing the amount you owe and any additional costs.

The small claims against you is a legal process that will be recorded on the Register of Judgements, Orders and Fines. This information is used to check your credit, so could have a negative impact when you next apply for any credit. To avoid damaging your credit rating reply to your small claims docket as soon as you can.

 

How to Respond to Your Small Claims Form

 

When you received your form from the court you will also have been sent a response pack. In this pack you will see the option that are open to you. These include:

 

• A dispute claim form. You can use this form if you do not agree that you are liable for the small claim being bought against you and wish to submit a Defence.

• Details about how to pay the amount being claimed from you.

• Details about how to admit to part of the small claim against you, and how you can ask the claimant for more time to pay.

 

There are Two Types of Small Claims:

 

Fixed Amounts:

 

If the claim against you is for a fixed amount of money your response pack will contain three forms. Form N9 (acknowledgement of Service), form N9A (admission form) and N9B (defence and counterclaim form).

 

Unspecified Amounts:

 

If the amount being claimed is unspecified you will be sent forms N9 and N9C (admission form) and N9D (defence and counterclaim form). It is vital that you read the accompanying explanatory notes before choosing which form to send back.

 

Paying the Small Claim

 

If you want to make full payment of the amount being claimed against you this amount will be shown on the claim for you have been sent, and will also have details about where to send the money. Don’t forget, this must be done within the 14 day time limit or your case will proceed to the next stage.

 

In some instances you would like to pay, but need more time, you can give details about the delay you would like on form N9A, which should be in your response pack. It’s also a good idea to read leaflet EX309: The Defendant Admits by claim as this gives more details on this aspect of your case when fixed amounts of money are involved. Leaflet EX308 gives details of cases when unspecified amounts are being claimed against you.

 

Also please read forms EX326 and EX160A

 

How to Defend a Claim Against You

 

Disputed claims are handled by filling in the appropriate form from your response pack. You have three choices: Form N9, N9B or N9D. Read the note accompanying each form carefully to ensure you completely correctly. Pay special attention to the allegations raised on the form. If you don’t respond to each the court will assume you are admitting guilt.

Edited by stu007
Updated PDF added
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PLEASE NOTE - WARNING

 

Once you have received your claim form - the Court timetable comes into force. Not that of the creditor or claimant. If you have requested information with them after the claim has been issued - or have entered into discussion with them and they say something like "We will put this on hold for a period of time". You cannot and must not ignore the timetable from the court.

 

This thread should serve as an example

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?416202&p=4547677#post4547677

 

The OP in the case above was in communication with the CAG Vodafone rep. A claim was issued during this time. The Rep in good faith said he would ask the Claimant to put things on hold.... they did not.. the OP ignored advice from caggers to continue with the court timetable and did not submit a defence. The claimaint obtained a Judgment by default.

Edited by citizenB

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy -

HERE

2: Take back control of your finances -

Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors?

Read Here

4: Staying Calm About Debt

Read Here

5: Forum rules - These have been updated -

Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

 

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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style="text-align:center;"> Please note that this topic has not had any new posts for the last 1868 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

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