claimform regarding Sale of Goods to a Sole Trader - claimant ignored PAP?

[doggone it]

I am wondering if anyone knows what happens if your Creditor just totally ignores the Debt PAP.

 

No trying to evade the debt or ignore it.

 

All I had was Final Reminder on 9 February giving until 12 February to pay and this morning a claim form arrives in the post.

 

No LBA or Letter of Claim.

[Old Cogger]

could you put up what they sent originally minus persona details.???

[dx100uk]

you note such in your defence

 

please complete this so we have all the require info to help you properly

 

https://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-2016**

[Bazooka Boo]

So you still have two days to pay?

[doggone it]

And according to Claim Form service is not deemed served until 14 Feb.

[dx100uk]

get that link done please

[doggone it]

Name of the Claimant ? Self

Date of issue – 9 Feb 2018

What is the claim for –

Money owed to XXXXX XXXXX for goods ordered & received.

Despite numerous reminders for payment account still remains outstanding.

I will provide the defendant with separate detailed particulars within 14 days after service of the claim form.

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? No - though I wasn't very cooperative when they rang me chasing payment

What is the value of the claim? - I have different figures on different sheets but claim form shows £624-89

 

Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Sale of Goods to a Sole Trader

 

When did you enter into the original agreement before or after 2007? probably not relevant but original was before 2007

 

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. OC

 

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

 

Did you receive a Default Notice from the original creditor? Yes

 

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

 

Why did you cease payments? I rang to say I could not meet my January payment as trade had been so slow. Having suffered ill health for the last few months a visit to the Dr a few days later it was suggested I must stop working - asked when and was told Now - I have Congestive Heart Failure on top of other medical problems. Had to relinquish control of one business while the other is being run by staff.

Originally when they rang they discussed all this with a member of staff and even persuaded him to part with £1k of his own money. Report pending with the ICO for Data Breach. It also appears their FCA status is questionable and am waiting for report on that.

 

What was the date of your last payment? 21 December 2017

 

Was there a dispute with the original creditor that remains unresolved? No

 

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? No, they are only interested in full payment.

.

[dx100uk]

name of claimant please

cant be you ...you are the defendant.....

[dx100uk]

right so this appear to be someone suing you for monies owed for what...a service they provided so is not gov't by the act so PAP doesn't apply.

[doggone it]

name of claimant please

cant be you ...you are the defendant.....

 

Sorry didn't read that bit properly - Claimant is a company but won't name them specifically.

[dx100uk]

no ok under stood.

 

so what was the 'service' they supposedly suppled

[doggone it]

No it was for goods.

 

My understanding is PAP does apply as I am a Sole Trader.

 

"This Protocol does not apply to business-to-business debts unless the debtor is a sole trader." from Introduction 1.1

[dx100uk]

yep good

I've retitled it for you.

 

you will mention such in your defence when you need too