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By dagboyblue · Posted
Hi ok I received a court claim today issued on 13th so need reply to this within 14 days from date of service. I assume I need to point out in the reply they have not provided all the information I requested I.e default notice and a full statement. are there any links to standard procedure on this ? thanks again -
Thank you very much Andy.
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Have a read of the following....particular from page 3 onwards....with regards to time orders and suspending... https://www.nationaldebtline.org/EW/factsheets/PDFs/06C EW Time order - hire purchase or conditional sale.PDF Andy -
What is the claim for – 1.Unpaid claim management fees in accordance with the attached invoice in the sum of:- £641.84. Interest pursuant to Section 69 of the County Courts Act 1984 at 8% per annum amounting to the sum of £0.14 per day from 5th September 2019 until 11th October 2019 amounting to £641.84 + £5.18. Continuing interest at £0.14 per day from the date of issue until judgement or sooner payment ######Defence###### 1. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made. 2.It is denied that any of the amounts stated are due under any contractual agreement. 3. On receipt of this claim We requested information pertaining to this claim from the Claimants Solicitors by way of a CPR 31:14 request sent via 1st class recorded post on 7th November 2019.To date we have not received the requested information. 4. As per Civil Procedure Rule 16.5 (4) it is expected that the Claimant prove the allegation that the money is owed.Therefore with the court’s permission the Claimant is put to strict proof to :- a) Show and disclose and quantify how the Defendant owes the amount in the claim; Reference S-1002591 from the FSCS confirming the rejection. Letter from the claimant dated 8th October 2019 confirming the above . b) provide a copy of the agreement and Terms and Conditions c) provide copies of telephone conversation with Michael Cooper 10th July 2019 and 1st November 2019. d ) copy of the signed acceptance form for any redress from Eurosail. It is brought to the court's attention that all the above have also been previously request by way of the claimants Pre Action Protocol dated and returned to the claimant solicitor/director on the 25th September 2019. It is respectfully requested that the court take this into consideration pursuant to 7.1 PAPDC. 5. Therefore by reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.
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