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OUSBA taking me to small claims court


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 I applied to have help with the court fees, but i think i have filed the forms wrong as i have received a letter demanding payment for the defended claim.

 

Welcome to the forum

 

Did you submit a counter claim ?

 

 

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That's why the court are charging you a fee...you never ever have to make a counter claim on this type of claim unless the claimant owes you money. You cant counter claim compensation for emotional distress, and the negative impact on your credit rating ...a counter claim must be quantifiable with actual money loss from the claimant.

 

So from above you are at the stage were you are preparing your statement with evidence in support of your defence. Have you received the claimant's statement in support of their claim ? What is the actual date both parties must exchange and file with court ? 

 

Post a copy of your defence here and the claimants particulars of claim and statement (if received)

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You must have submitted some form of defence otherwise the claimant would have judgment by now unless your counter claim is stopping them requesting judgment.

 

We can't really advise on what you should submit as a statement without sight of the particulars of claim (verbatim) what you submitted as a defence/counterclaim and you have not answered if you have yet  received the claimants statement with evidence.?

 

 

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Thank you...... and page 2 of the N157 Notice of Allocation (directions) and a copy of their statement/evidence and credit agreement in connection to their claim please if you can also redact and upload....then we have everything in connection and the basis of drafting you a statement 

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Thanks...give me chance to digest all that but one further question ...did you ever receive a Default Notice from  the credit provider ?

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I thought possibly not as the claimant totally disregards and avoids any mention of ever serving a Default Notice pursuant to sec 87/88 of the CCA1974 within their statement ...which basically means that they failed to adhere to the Consumer Credit Act 1974.Therefore prevented from enforcing the agreement by law.

 

87 Need for default notice.

(1)Service of a notice on the debtor or hirer in accordance with section 88 (a “default notice ”) is necessary before the creditor or owner can become entitled, by reason of any breach by the debtor or hirer of a regulated agreement,—

(a)to terminate the agreement, or

(b)to demand earlier payment of any sum.

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Obviously I do not wish to give you a legal get out loop but the CCA1974 is there for a reason and all creditors must comply by the legislation.

 

When you informed them of your intention to withdraw from the course and unable to meet the contractual payments did they or you not request some kind of payment plan/arrangement to enable you to avoid or defer from defaulting ?

 

 

 

.

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So basically you just stopped payments and didn't agree any payment plan ?  Do you know what date the default was registered on your credit file ?

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Here is a draft statement for you to consider/amend and file with the court and claimant. Attach any files as evidence as required.

 

In the County Court at Torquay.pdf

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We could do with some help from you.

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