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Can someone please help me with some advice. I acknowledged the claim against me last Monday so I have until this Monday to submit my defense but is there something I should be doing now.

BW legal received my CPR request 7 days ago tomorrow and have replied with my account is on hold while they try to find the requested documents but Is there something I should be doing. Should I be sending them a failure to comply letter.

 

Please if I can be pointed in the right direction, I've tried looking myself but I'm finding hard to get my head around everything.

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Hi Dolly, I'm sure Andy will pop in soon but in the meantime you just go ahead and submit your defence, no need to send a failure to comply letter.

 

Thank you for the reply nunnyrose. The main part of my defence was they have not been able to prove the debt is mine. They have put my file on hold while they try yo obtain the documents to prove that the debt belongs to me, is there a set time limit or can they put my file on hold indefinitely. If I submit my defense now and not in a week just before the time is up what is likely to happen next ?

When I've tried to search the answers myself I find confusing or conflicting advice. I never believed myself to be stupid but I'm really struggling to get my head around how this all works.

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when does your defence have to be submitted? I thought I'd read previously that you have till 25th July

 

I acknowledged the claim last Monday evening. I believed I then had 14 days to submit my defense. Have I got that wrong ?

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Your timeline

 

issue date 23.06.2015 + 5 days for service =27.06.2015 + 14 days to acknowledge = 11.07.2015 + 14 days to submit defence = 25.7.2015.

 

The first thing you need to do is to acknowledge the claim - you do this online using the password and claim reference number both on the claim form. When you log onto the MCOL gateway, you will be given a further reference number, so make sure you have a pen/pencil ready so you can jot it down.

 

 

This from post #8. I don't know if that because you've already acknowledged it changes things but according to the above you didn't need to acknowledge until 11th. hopefully Andy or others will take a look and advise :)

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I personally wouldn't defend until last minute. It sounds to me like you will be using the holding/no paperwork defence. have you read around the other threads to find a suitable defence?

Once you've drafted something together you need to post it here to be checked out before submitting it. :)

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This from post #8. I don't know if that because you've already acknowledged it changes things but according to the above you didn't need to acknowledge until 11th. hopefully Andy or others will take a look and advise :)

 

Thank you nunnyrose. I think I was in a panic at the time and focused more on "the first thing you need to do is acknowledge the claim" part of the advice.

 

Reading it again a later I can see I didn't need to do it so soon.

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I acknowledged the claim last Monday evening. I believed I then had 14 days to submit my defense. Have I got that wrong ?

 

Once acknowledged in time then is the normal defence time limit, ie 33 days from claim issue date.

IMO

:-):rant:

 

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issue date 23.06.2015 + 5 days for service =27.06.2015 + 14 days to acknowledge = 11.07.2015 + 14 days to submit defence = 25.7.2015.

 

The first thing you need to do is to acknowledge the claim - you do this online using the password and claim reference number both on the claim form. When you log onto the MCOL gateway, you will be given a further reference number, so make sure you have a pen/pencil ready so you can jot it down.

 

If you only ceased payments last year, then this wont be statute barred and I have to admit, if it is only a year since you ceased payments then I am surprised they have issued so swiftly !

 

Hi citizen B I hope you don't mind me asking. I feel a little out of depth and I'm trying hard to absorb as much info as I can and I think I've got a little confused. Can you clarify for me please, I acknowledged the claim against me using the MCOL gateway last Monday evening the 29th July is my deadline to submit my defense 14 days from that date or is it 25th July taking that date from the timeline you kindly worked out for me in the above quote.

Edited by Dolly22
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I dont think we can make it any clearer than already been advised....

 

" Your timeline

 

issue date 23.06.2015 + 5 days for service =27.06.2015 + 14 days to acknowledge = 11.07.2015 + 14 days to submit defence = 25.7.2015."

 

Which is a Saturday so submit it on the Friday 26th by 4.00pm

 

Regards

 

Andy

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I dont think we can make it any clearer than already been advised....

 

" Your timeline

 

issue date 23.06.2015 + 5 days for service =27.06.2015 + 14 days to acknowledge = 11.07.2015 + 14 days to submit defence = 25.7.2015."

 

Which is a Saturday so submit it on the Friday 26th by 4.00pm

 

Regards

 

Andy

 

Sorry you did make it clear, I am dyslexic which for me means I struggle with what I read especially when it's on a tablet screen, I could use my computer which I have a color filter for which helps but my computer does not have auto correct for my spelling.

 

My mistake was thinking the 14 days to submit my defense started when I acknowledged the claim.

 

Again I am sorry, I realise how busy the people that help on here are.

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Happy that's sorted for you Dolly :)

Have you had a chance to look at other threads yet to help you put your defence together?

 

Yes I have and thank you for asking. There's a lot to read through but I think I'm making progress slowly. Helps that I've got abit longer now to get it ready as I had convinced myself I only had until Monday.

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Oops, my bad...don't know where I got 27th from!

...

 

no worries :)

technically its 33 days from the issue date inclusive. but when it falls on a weekend, best to take the deadline as the friday.

IMO

:-):rant:

 

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  • 1 month later...

Some Advise Please.

 

I entered my defense on time as advised, it was

I the Defendant contends that the particulars of claim are vague and generic in nature.

 

I the defendant have in the past held accounts with Shop Direct Finance Company Limited however I am unaware of any outstanding balances as alleged and it is therefore denied until such time the claimant can clarify and comply with my request under section 78 of CCA 1974.

 

In relation to the specific allegations a CPR 31.14 request was also sent 26th June 2015 and although receipt of the request has been acknowledged by the claimant, the claimant has failed to reply with a specific response.

 

I the Defendant contends that no notice pursuant to s.136 & 196 has been served upon her by the Claimant as alleged or at all.

Therefore the Claimant is put to strict proof to:

 

(a) show how the Defendant has entered into an agreement/contract with the Claimant; and

(b) show how the Defendant has reached the amount claimed for; and

© show how the Claimant has the legal right, either under statute or equity to issue a claim.

 

 

As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.

 

On the alternative, if the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the Consumer Credit Act 1974.

 

On the 15th June 2015 I made a legal request by way of a section 78 request to the Claimant which the claimant has acknowledged receiving. The Claimant has failed to comply and therefore is in default of this request and as such unable to request any relief until compliance.

 

By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

 

And received acknowledgement from the court which I've added as a PDF minus any sensitive info. Today I received a response from BW Legal stating there intention to proceed. They also provided a Notice of Assignment addressed to me but I can honestly say I have never seen this document before.

 

Everything they sent me today I have added as a PDF document minus the sensitive info.

 

Can someone please help me understand what happens next.

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Waiting Game now

 

The claimant has 28 days to respond if they wish to continue with the claim or the court suspends the action. A sort of hibernation for which the claimant will have to apply to have the claim activated again

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Waiting Game now

 

The claimant has 28 days to respond if they wish to continue with the claim or the court suspends the action. A sort of hibernation for which the claimant will have to apply to have the claim activated again

 

Thank you for reading through and replying. Is it more than likely they are bluffing with there intention to proceed. The Notice of Assignment they have sent me I have never seen before and I believe they just put it together and printed it off backdated. They still have not produced a CCA or any kind of true paper trail to show the debt is mine and it is now owed to them.

If they are not bluffing and will proceed surely as it stands at the moment it cannot be ruled in their favour.

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