Notice of Proposed Allocation to the Small Claims Track

[thermo21]

Hi, Im new to this so please be gentle!

 

I had a notice served for CCJ,

amount 4.9k £450 court fees and 2k interest.

 

No paperwork was sent by the solicitor's working on behalf of the debt company to justify the claim.

 

I have not acknowledge the debt at with these companies,

so i decided to log a defence after reading various forums.

 

Firstly I wrote to claimant asking for the documentation that they would reply on to prove I owned the debt.

I gave them 14 days and received nothing,

 

after 18 days I filed my defence stating that I requested information

and this has not been received

and therefore I am unable to submit a proper defence due to them not supply the relevant documentation.

 

I then received a letter from the court on the 14-07-16 saying they had submitted my defence

and the debt company (solicitor's) have 28 days to reply.

 

nothing heard until today 35 days after the defence was file and

 

I get a Notice of Proposed Allocation to the Small Claims Track.

 

So now I'm confused what is my next move?

 

Are they using scare tac tic's to make me go to mediation

 

How can they go to SC if they have failed to prove I owe the debt

 

Are they just stalling to give them extra time

 

Also when does a debt become statued barred

is it the date the last payment was made?

 

what happens if a debt becomes statued barred before a court date

[dx100uk]

can you fill this out please

and also post up the defence you sent in too

 

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-December-2014**

[thermo21]

Here is copy of what was sent to debt companies solicitors, I then used the content of this to file my defence stating that I had not received any correspondence from them.

 

REQUEST FOR INFORMATION

 

CPR 31.14 removed..please do not post templates in the open forum...for members only.

[dx100uk]

hope you didn't counter claim?

 

so you filed an embarrassed defence - never mind

as long as you sent CPR 31:14 and a CCA request [pray you did?]

you should be ok

 

can you fill in that link please

 

so you are at the n180 stage

so easy to do

yes to mediation

 

see where the claimants wants to go

at this stage that form is nowt to do with them

it just the std process from the court

 

link please asap

[thermo21]

Hi

I have not countered claim,

I requested from the debt companies solicitor all the information they have in relation to this debt

, all the info requested is included in the thread.

 

I also requested 6 years ago a true signed copy the credit agreement which was not supplied.

 

I take it from the move to small claims that they do not have the documentation to go for a CCJ,

within the 28 days of me filing a defence based on the fact they didn't supply the paperwork.

 

So they are buying more time before a court date?

 

Your reply suggests mediation,

is that not an admission?

 

Or can you still challenge that they not followed rules by logging the correct paperwork when making the original claim

and have then failed to show I owe the debt and they own it.

 

Thanks

[dx100uk]

one of the mediation questions is

have you all the paperwork

you'll answer no

mediation will fail

then its off to the judge to decide

 

normal MO is he give a deadline they must comply too.

 

we don't have all the info

please fill that link out

 

its not 'moved to small claims'

and that's nothing to do with having or not the paperwork

nor to by more time

 

its independent of whatever the claimant is or is not doing

simply std court practise.

[dx100uk]

So yes to mediation the rest is self explanatory

 

A1 yes

 

C1 yes

 

D1 your local county court...enter name.

 

D2 no

 

D3 1

[AndyOrch]

Serve a copy on the claimants Solicitor also..they should reciprocate.

 

Andy

[dx100uk]

can we please have this link done asap.

 

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-December-2014