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court letter

burchie asked:

Looks like my wife has recieved a court letter from the northampton bulk clearing not.opened it yet but address on back os po box 300 northampton nn1 2tx

Tiggy replied:

Brown envelope, just see through the window the word ‘Defendant’ above your wife’s name? then probably. Needs opening and dealing with, if you don’t Acknowledge Service within 14 days your wife will in all probability get a Judgment by Default, please don’t return it Not Known at This Address as papers are Deemed to Have been Served 5 days after the papers are posted, so RTS has absolutely no effect on at all xx

burchie replied:

Thanks tiggy whats the best course of action

williams2583 replied:

Need more info to comment.ie what debt ,when,who,have you requested documents etc.

Tiggy replied:

The first thing you have to do is decide whether you are going to defend this claim or not.

If you are then read the link above, the process is:

Within 14 days Acknowledge Service with the intention to defend
Send out CPR 31 request for further information
Within 33 days of the date on the claim form you send off your defence to the Court

You must keep to the timetable above or you risk a Judgment by Default.

burchie replied:

Yes going to defend the only thing in it is a money claim and 3 forms. Nothing what so ever to back up the claim even tho it says that there are documents enclosed from the claiment

MeToo replied:

Do you want an automatic CCJ placed on your credit file? 😮

Not opening it will result in one.

Oh good 🙂

As Tiggy suggests, get the Acknowledgement of Service sent off pronto. Gives you breathing space of 28days to prepare Defence; whether Claimant agrees or not.

burchie replied:

Ok acknewledgement of service has been sent back today recorded delivery advising that we are going to defend the case. Can anyone help in the defence please

Tiggy replied:

Look through the link I posted above, that has a defence template xx

burchie replied:

Will do tiggy i sent them a letter last week with regards to pre action protocol. Wouldnt mind but also been asking them for weeks for the dead of assignment.

Tiggy replied:

You may be able to use this, but remember whatever you do you MUST submit your defence on time viewtopic.php?f=5&t=85066

burchie replied:

Claim is from mortimer from cabot. We had followed the 3 letter template and had sent all 3 letters to cabot. Cabot passed to mortimer and sent us a letter. We sent them a letter back like your template. Then a week later recieved the court claim. Have sent the acknowledgement of service back today and are planning on defending.

Tiggy replied:

What was the date of the last letter from Mortimer (that threatened legal action ) and what was the date you sent the Pre Action a Conduct letter ?

KevinEdwards replied:

The letter from mortimer was 25 march and we sent the letter back on or around the 8th april cant remember without looking. Had previously sent the 3 letters to cabot asking for proof of claim and to be provided with copy of dead of assignment.

Frightening

Tiggy replied:

Well you could go down the route I did and apply for the claim to be Stayed due to non compliance with the Pre Action Conduct.

The only reason I’m a little hesitant to recommend this route is 1. It costs £50 or FOC if you’re on benefits or low income but 2. Cabot usually, (but not always) fold at the first hurdle of the CPR 31, so you may not need to Make an application to Stay as it may get Stayed anyway as they may not continue with the claim.

It’s a gamble, but It’s really up to you xx

burchie replied:

How do i go about getting all darlta they have using a cpr 31.1

Tiggy replied:

Apologies, I thought I’d put this link in

viewtopic.php?f=5&t=85066

Not sure now if you’re asking about CPR 31, could you clarify xx

burchie replied:

Yes tiggy was asking about a cpr 31 request.

Tiggy replied:

It’s in here:

http://www.getoutofdebtfree.org/forum/v … TdBpYZ4WK0

burchie replied:

request for cpr 31.14 sent aswell as secondary request for original documentation of loan agreement.

burchie replied:

breakdown of events

october 2014 sent first letter requesting verification of claim
november 2014 reply reply from dca with regards to complaint
november to jan various letters from dca
feb 2015 second letter to dca asking for verification of claim
feb 2015 letter from dca offering a discount
march 2015 3rd letter requesting verification of claim
2 weeks later letter from mortimer clarke pre court action letter
1st April letter to mortimer clarke responce to mortimer clarke
19th april mortimer clarke make cout claim
22/23 april court claim recieved
24 april responce sent to court advising of claim
24th april request for original agreem ent and cpr 31/14 sent to mortimer clarke

will next submit defence and ask for claim to be struck out as been asking for information for past 6 months and to date still not recieved. no proof of claim no debt

burchie replied:

can i use the following in my defence responce

16. The Defendant rebuts all the above in that

I have repeatedly asked to see verification of the claim both to the Claimant and there Solicitors by the Claimant providing me with a true and certified copy of the deed of assignment. To date 6 months has passed and the claimant has still not provided me with the requested proof that they are in fact the legal owners of the alleged debt.

I respectfully request that the claimant’s request be struck out due to the their lack of evidence as they have had ample time to provide me with the deed of assignment that I believe I am legally entitled to see as per the Van Lynn Developments v Pelias Construction Co Ltd 1968 where by Lord Denning states that the debtor is entitled to “view the sale agreement to ensure that the assignee can give him good discharge under the contract.” Additional to this the Webster v Ridgeway (2009) ELR 439 Case advises that the Debtor is entitled to see a redacted version of the deed of assignment.

JoanneW replied:

I’m very keen to read of your progress AND success.

burchie replied:

So got a letter from the solicitors re ny pre court action letter. They admitted to tecoeving the letter the same day they raised the money claim case. They have said that they have placed the claim on hold until they have ontained the requested information. Wouldnt mind but its the same information ive been asking for over he past 6 months. . Court have the motice to say we are goinng to defend. Will send defence next week after giving them time to respond to the cpr. In the mean time will raise a n244 to have the claim stayed.

Tiggy replied:

Lying bar stewards, go for it xx

burchie replied:

Pmsl recieved letter from mortimer clarke saying there client agrees to a 28 day extensiom to allow us to file a defence. They have no choixe we are legally entitled to the 28 days wether they agree or not. Pricks

burchie replied:

Had a reply from mortimer today aying as they have been unable to provide information that the devt is currently unenforcable and been placed on hold

Tiggy replied:

Claim Stayed now…. RESULT, they can’t proceed, Cabot are a set of push overs. Well done xx

burchie replied:

Not had anything from the court to say claim stayed yet. Next need to have them remove the default from the credit file.

Tiggy replied:

You should have got a letter from the Court saying Cabot had 28 days to respond otherwise claim Stayed. They haven’t responded within the 28 days so claim Stayed, you won’t get anything further from the Court.

In respect to to getting the default removed there’s very little you can do about that, the debt remains and has not been satisfied, it’s unenforceable but remains unsatisfied xx

burchie replied:

Not had anything back from court at all. Not even to say they had recieved details that we were going to defend the claim. The defence statment was sent to the court on monday recorded delivery. Not been able to get on money claim online due to issues registering

There was a court case last year whee judge rulled the information on the cra site was incorrect and should not have been losted. Basically if the dca cant proove the debt they have to say on the cra file that the debt is.unenforcable however as there is no way for the cra to record this the dca are not legally allowed to place a default on your file.

Tiggy replied:

The question then is did the dca post the default or have they just replaced the name of the Original Creditor?

burchie replied:

So still nowt from court but crapbot have wrote to say that debt they are chasing in court os currently unenforcable at law. Talk about take the piss

williams2583 replied:

Well done its another one for the good guys and Cabot and MC can take a dive.Why they persist in chasing unenforcable debt nobody knows ,except maybe it is greed.But sold costs should help change their minds 😀 😀 😀 😀