Court Claim Forms

by lesheif Thu Aug 10, 2017 3:12 pm

I received Court Claim Forms despite the fact I sent a Pre Action Conduct Letter to Kearns Solicitors acting on behalf of IDR Finance UK II Ltd. They have not sent me the information requested in the letter. Can someone advise me on how to defend this claim?

by **daveiron** Thu Aug 10, 2017 4:16 pm

Hi ,
have you sent them a CPR 18 & have you returned court papers (Acknowledged Service with the intention to defend) ?
It is vital you do this within the timescale.

Their response or lack of, is a good sign as they probably do not have what you have requested.

by lesheif Thu Aug 10, 2017 7:49 pm

I have not done so yet but will do tonight! What about writing up a defence? Never done it before, so how do I proceed?

by **daveiron** Thu Aug 10, 2017 9:22 pm

Hi,

There is an updated CPR 18 in the three letter section.
Take a read of the posts there ,it will assist you .
I presume you have done the 3 letters ,in which case your best defence will be
" you have attempted to settle this matter and have requested their proof of claim on xxxx occasions
and they have failed to provide the documents needed to provide their proof of claim".

So you asked the OC on 3 occasions & their solicitors ? times ,then there will be CPR 18 request which will be another one ,so that will be at least 5 times .Remember you said you would pay any money you lawfully owed upon proof of claim, Simple if they had it they would have provided it.

regards dave

by Tiggy Fri Aug 11, 2017 4:12 pm

What's the original debt for ?

by handle Fri Aug 11, 2017 4:46 pm

TIGGY..............YEAAAAH!

by lesheif Fri Aug 11, 2017 5:08 pm

made a boo! boo! Didn't send the 3 letters. Does this matter?

by **daveiron** Fri Aug 11, 2017 5:46 pm

Ok

Make sure you send the CPR 18

by lesheif Fri Aug 11, 2017 6:22 pm

will do! Thanks

by Tiggy Fri Aug 11, 2017 9:33 pm

For us to be able to help you further with a defence we need to know what the original debt is for.

by lesheif Thu Aug 17, 2017 11:18 am

Do you need to date a CPR 18

by lesheif Thu Aug 17, 2017 11:19 am

credit card debt

by Tiggy Thu Aug 17, 2017 11:45 am

Yes, you date a CPR request, you also need to send out a request for a copy of the agreement under Section 78.1 of the Consumer Credit Act along with the £1 fee.

When did they issue they claim because you need to acknowledge it with the intention to defend within 14 days, if you don't you'll get a Judgement by Default.

You also need to submit your defence with 33 days of the date they issued it.

Also, is the claim value below £10k?

by Whymeok Wed Aug 23, 2017 3:38 pm

I need urgent assistance please, Lowell ltd again gone got another ccj by money on line by default, same case number I had ccj set aside yet, court system got court order mess up,I been to cizten advice he's they say not worth keeping defending this as I did already in court, now pushed me on to debt management to look at all may be non statute bar debts I not aware off since I got I'll had strokes, new ccj order I pay 50 mth, plus advice services worker pushed charity link on me to seek help on 90 for debt relief order,

Not sure what to do now, I noticed how easy enforcement aslo of demand,ie, Lowell ltd again

by Tiggy Thu Aug 24, 2017 7:13 am

Whymeok wrote:I need urgent assistance please, Lowell ltd again gone got another ccj by money on line by default, same case number I had ccj set aside yet, court system got court order mess up,I been to cizten advice he's they say not worth keeping defending this as I did already in court, now pushed me on to debt management to look at all may be non statute bar debts I not aware off since I got I'll had strokes, new ccj order I pay 50 mth, plus advice services worker pushed charity link on me to seek help on 90 for debt relief order,

Not sure what to do now, I noticed how easy enforcement aslo of demand,ie, Lowell ltd again

You can try to apply (again) to get this set aside, however, if you have a number of debts totalling under £20k and you don't own a property, then the £90 Debt Relief Order (as suggested by the CAB) could be the answer.

You pay £90 for the order, Step Change or the CAB should help you set it up. After that you don't pay anything for 12 months, then are debt free.

by Whymeok Thu Aug 24, 2017 9:04 am

I not got 90 on department benefits, informed by can she help me, on apply to charity link for the 90 pounds, yet never offered how when, how,
Thanks for responding,it not clear how what in mean while to handle and same case of the Lowell ltd ccj by default ,I again never got full disclosure of Thier intent .

I email debt manager community law services he not back in office till next week,

by Tiggy Thu Aug 24, 2017 1:05 pm

Whymeok wrote:I not got 90 on department benefits, informed by can she help me, on apply to charity link for the 90 pounds, yet never offered how when, how,
Thanks for responding,it not clear how what in mean while to handle and same case of the Lowell ltd ccj by default ,I again never got full disclosure of Thier intent .

I email debt manager community law services he not back in office till next week,

As soon as you received a copy of the late order you should have submitted your defence with a covering letter explaining why it was late.

An order has now been made so all you can do is apply to get it set aside, even though there was a mistake with the order they will only set it aside if you make another application.

alternatively, contact Lowell, explain your circumstances and offer a nominal £1 as you are unable to pay anything further.

by Whymeok Thu Aug 24, 2017 1:22 pm

This points I did go to both 1, debt manager community law services with to access Thier help to do this I'm disabled complexity illness had already provided medical evidence of this help since 2016 via then two different cab advice services, then , one long year of Thier help to put in side aide ,then ajourmnents of to I'll for hearings,they do not help to support me in court noone else to , so I did already have all defence rejected in Frist only court hearing my judge he cauuse me the lack of access to justice, in the civil case .
We'd 14.6.2017.
Then soon I got incorrect data order on court order I again made to wait to see community law services not a lawyer.. he, claim I need go back to cab, another delay to access support what to do how, ... By time I saw debt manager community law services says, he call Lowell ltd .
Explain my situation etc sought hold on all future action till I get advice services, they agreed.
On phone I heard them agree then debt manager says as it may be cumsuer credit act matter I referred back to cab.. more wait for appointment.

I did only to not get help what to do with new ccj, again referred back to cab manager,whom now more delay.too seek his help.im passed to and throw between both advice services, hence why ,I'm require, how to hold court manager ref the judge refused my paperwork of defense plus how now to deal with broken of promised agreement on phone to debt manager,plus, I to unwell to handle this myself,or call Lowell ltd whom not proven claim,all my money on Line system by default,

by Tiggy Thu Aug 24, 2017 1:29 pm

I honestly, don't know what else to suggest, I do think that trying to get this set aside again is going to be way too hard for you to cope with.

It might be easier on your health just to email Lowell, tell them all your health difficulties and offer the £1 a month, as I really don't think you're able to cope with attempting to deal with this, the Court process is complicated, and you're not getting much in the way of consistent help and support, it's too much for you xx

by Whymeok Fri Sep 01, 2017 10:05 pm

i heard lowlls could get order from court to look into my income out goings also im being pussed into doing a debt relif order by local communty law serivce debt manager, plus look at if any old debts that not bared of 6 yrs any adivce?

by Tiggy Sat Sep 02, 2017 3:04 pm

]i heard lowlls could get order from court to look into my income out goings YES THEY CAN

also im being pussed into doing a debt relif order by local communty law serivce debt manager, THAT HAS TO BE UP TO YOU, BUT PROBABLY YOUR BEST OPTION

plus look at if any old debts that not bared of 6 yrs any adivce? - SORRY NOT SURE WHAT YOU MEAN.

by petesomething Sat Sep 02, 2017 6:04 pm

If you go to communty law or citizens Advice or any other , ( they will tell you to pay, YOU OWE THIS MONEY SO PAY) , this is the way they think. full stop

IF Lowell took you to court on the claim form it would have your income and out going .the court would look at this, and should offer a payment you can afford ( we hope ) if you lose, but if you dont go to court the DCA Solicitor will ask the court for the full amount in one go

we tell people always go to court we do understand its scary,

If you get a claim form from the court and this Debt is statute barred ,you have 14 days fill in form say debt is statute barred , but make sure it is, the court will not know this,

lowell will want the full amount. or a payment you cant afford,

you will need to do a income and out going at some point , any money left over they will want,

YOU NEED TO TRY AND STOP DCA BEFORE ANY COURT ACTION;

sorry we cant give better advice at this stage

by Whymeok Sun Sep 03, 2017 3:39 pm

petesomething wrote:If you go to communty law or citizens Advice or any other , ( they will tell you to pay, YOU OWE THIS MONEY SO PAY) , this is the way they think. full stop

IF Lowell took you to court on the claim form it would have your income and out going .the court would look at this, and should offer a payment you can afford ( we hope ) if you lose, but if you dont go to court the DCA Solicitor will ask the court for the full amount in one go

we tell people always go to court we do understand its scary,

If you get a claim form from the court and this Debt is statute barred ,you have 14 days fill in form say debt is statute barred , but make sure it is, the court will not know this,

lowell will want the full amount. or a payment you cant afford,

you will need to do a income and out going at some point , any money left over they will want,

YOU NEED TO TRY AND STOP DCA BEFORE ANY COURT ACTION;

sorry we cant give better advice at this stage

i laredy did go to court and put my defence its the judge refuused to take it, i gave copy to lowesll agent. on 14.6. 2017, a cout order to re enter same defence sent after dead line, so , why i thought cab able to hlep only to like you say, push me on to communt law, they not lawyers, no one help me in court hearing , so debt male communty law calls up lowells says im disbaled ill, etc, they know thsi they got my medical evidance. then, the new ccj came, aagin debt manger communty law, like you say making me do debt relif order, of debts may not be staute bared , i no idea what debts since i 2010 i goy wrose in health, so i need to defend again how

by Tiggy Sun Sep 03, 2017 5:17 pm

Whymeok, you keep asking the same question and we keep giving you the same answer, you only have two options:

1. Reapply to set aside this latest order OR

2. Accept the CCJ and come to some arrangement, either direct to Lowell or through a Debt Relief Order.

by Whymeok Mon Sep 04, 2017 5:50 pm

ok i looking at email, whom not a lawyer, a debt manager out to make profit, by dro, i read up on this, if not detailed by debt manger , whom use staute law, misslead me it is moj still court system by OR, court offical, , i not contract law, where i went on miss sold second offer, terms and costs, hence why i defended all this time,

risk again like you say , more costs build up,, the OC sold debt claim on , so, i paid up to what then became higher payment demands on new offer contract , what my denfece about, i infromed in shop right to cancel in 30 days i di in writting and in stop, i was refused, so then OC a claim for breach of contract, i did all 3 letter process , both OC and dca , not one took any notice or rprovide proof of claim, thats when court process ccj began

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i already did go to court hearing on same case

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