Lowell/Carter Claimform - old lloyds OD poss SB'd***Claim Struck Out***

[coleman72]

thanks andy. in fact I have just noticed on another thread some details about a cpr letter

, which has just been posted up which seems short and to the point.

the letter in the link seems very long with all the 31.14, and 31.15 points in the letter which is confusing me.

[AndyOrch]

You are using the CPR 31.14 current account version?

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?387483-LEGAL-CPR-31.14-Request-when-Claim-is-being-made-for-a-Current-Account

[coleman72]

yes, looking at the one in the link. the cpr in the other thread is different I know.

 

 

in the link above, there is an attachement in post 2, do I need to download that??

 

 

? also in the cpr I says: I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request????

[AndyOrch]

Then you do not need to amend anything ...simply copy and post...the attachment is just a PDF version.......they wont respond anyway so you wont need to recompense for any copying costs.

[coleman72]

thanks andy. the other thing that scary is if it goes to trail. how far down the line is that??

[dx100uk]

how long is a piece of string.?

 

 

upto cater.

 

 

dx

[shamrocker]

thanks andy. the other thing that scary is if it goes to trail. how far down the line is that??

 

It'll more than likely take months and months to get to trial.

 

Sit tight and don't give this one up. This is all a bit of a game - and with the claim being for about £600, there's not a lot to be gained by the claimant. They make their money by many defendants not bothering to put up any sort of fight, so there's every chance they'll just back off once you start finding a few hoops for them to jump through as it costs them too much in time and resources.

 

This might all seem a bit confusing to you now, but hang in there and you'll soon gain a fair understanding for how it all works.

 

Sham

[coleman72]

hi all back online now, nightmare with internet.

 

 

thanks again dx and sham and andy, and also others.

 

 

if I defend this, and it starts to not look good,

then can you stop and try and pay??

 

 

does that make sense??

 

 

with regards to the cpr letter,

all I would do is copy word for word and send it off.

 

 

the claim is dated 23rd September, but have 5 day sservice, so takes me to Monday 12th???

 

 

the aos on mcol seems to be the easy bit.

 

 

my family just really worried about me getting a ccj, and any effect on them.

[shamrocker]

Yes, you can concede at any time.

You have nothing to lose by letting this progress to some later stages.

 

 

They haven't provided any proof of the debt yet,

so you at least owe it to yourself to make them do that.

 

 

There's more than likely some penalty charges and interest within the total that you can contest anyway

- lets see if we can make them show how they have calculated the total (they'll have to if they're to succeed in their claim),

 

 

then you can hit them with a challenge to any charges, etc.

 

 

If you can't win the claim, you may as well try to reduce the amount you have to pay them.

 

 

As long as you pay up straight away you'll avoid the CCJ.

[dx100uk]

hi all back online now, nightmare with internet.

 

 

thanks again dx and sham and andy, and also others.

 

if I defend this, and it starts to not look good,

 

then can you stop and try and pay??

 

does that make sense??

 

with regards to the cpr letter,

all I would do is copy word for word and send it off.

 

the claim is dated 23rd September, but have 5 day sservice, so takes me to Monday 12th???

 

the aos on mcol seems to be the easy bit.

 

my family just really worried about me getting a ccj, and any effect on them.

 

you are fast running out of time to do anything

 

if you don't get your finger out

and get the CPR sent

and the claim Ack'd on MCOL.

 

you'll not be able to do anything other than get slam dunked by a speculative claim.

 

really cant see what all you delaying attempts are really doing you any good.

 

a CCJ can harm no-one bar you

it is not by the address.

 

please get moving eh?

[shamrocker]

coleman - just reiterating what dx states above - don't dilly-dally on this.

 

 

You need to acknowledge the claim and send CPR request pronto.

 

 

Andyorch has explained brilliantly above why you send the CPR.

Forget about the debt and pressure from family for a minute and concentrate on following the process the guys are advising.

 

 

You might not be able to make proper sense of it right now,

but the claimant's solicitor does not want you to do what's being advised here

- it is showing them you mean business.

 

 

These claims are purely speculative - they try to gain judgement without any work.

Once they have to work they will usually back away and disappear.

 

 

They are leeches and we are collectively attempting to get one up on them,

as has been done many times on this forum and will happen many times in the future.

....assume people listen to and follow the advice.

[coleman72]

hi all, again thanks for replies.

 

am on mcol website, and have just ticked defend all,

 

left contest jurisdiction unticked

 

, next page summery

 

, have ticked statement of truth I am defendant, and tick aos guidance ,

 

and type my name in sign here box.

 

now click submit and go to confirmation??

 

is this correct what iam doing???

[AndyOrch]

Yes dont proceed to defence yet.

 

Andy

[coleman72]

hi andy, o.k just to clarify I am on page 4 of 5 of aos, the summery and statement of truth page, but I take it I have to submit, to go to last page which is confirmation?? have not seen or ticked any defence boxes yet??

[AndyOrch]

hi andy, o.k just to clarify I am on page 4 of 5 of aos, the summery and statement of truth page, but I take it I have to submit, to go to last page which is confirmation?? have not seen or ticked any defence boxes yet??

 

Correct

[coleman72]

thanks andy. all done, it says:Thank you

 

. You have successfully submitted your Acknowledgment of Service (AOS) form to the court.

 

do I need to click on status summary??

 

what will that show me???

 

or can I now log out??

[AndyOrch]

Log out...the status will only be acknowledged service....once you submit your defence...it will change to defence submitted.

 

Regards

 

Andy

[coleman72]

yep, just seen that!!! will now sort out the cpr letter and get that sent to carters.i have been looking through other threads, and will continue to do so, but will need prob need help with defence!!

[shamrocker]

All the help you need will be right here. Keep going!

[coleman72]

thanks shamrocker, am gonna need it!!!

 

just to check I have my dates right.

 

claim for issue date 23rd setember, 14 days plus 5 days service, goes to 12 October for aos, now done.

 

now defence to court no later than 28 days from date of service, which takes it to 26th October. does that sound right??

 

am sure dx said in earlier post that by 4pm on the 23rd October??

which means my dates may be wrong??

[dx100uk]

4pm 23rd is correct

26th is a Sunday

 

If you don't file Friday it won't be registered till Monday

 

Day one of the count is the top right date on the claim form

 

You need to get CPR in post today Friday

 

Else 3 more days lost

Dx

[coleman72]

thanks dx, although 26th is Monday not sunday

 

 

sending cpr,

can do this tomorrow,

 

 

but do carters work on Saturday to sign for letter???

or is it best to send cpr on Saturday, for Monday delivery??

(bit of background, mother in law has brain tumor, and treatment started this week,

and I have to take her to hospital for six weeks every day,

so this subject of debt has been a bit touchy in family.)

 

 

back on topic,

 

 

what is best day to post.

 

 

also anything else I need to do on mcol at this stage??

[shamrocker]

Just send it 2nd Class Signed For. It doesn't matter if they attempt delivery on a Saturday as they can always try again on Monday. It might be a PO Box anyway?

[coleman72]

thanks sham.

 

 

will copy the cpr letter exactly as is and get this in post.

 

 

really want to send for next day signed delivery.

 

 

again thanks to all

 

 

there will be loads of questions from me as this is all new territory for me,

 

 

so time to buckle up my seatbelt and try to enjoy the ride!!!

 

 

though I do not know what the hell I am doing!!!

 

 

but with all the help on here I am sure I will survive.

[coleman72]

no, its not a po box address. I take it I just send the cpr to carters only and not lowells??