Court summons recieved - please help!

[yaffsimone1]

Defend all of it, you do not acknowledge any debt to that company.

[maud26]

Phew,

thanks have now done that, however there doesn't seem to be any space for me to enter any details, such as additional info for the defence.

Does this sound right?

thanks -again!!

[yaffsimone1]

Give me 2 minutes i got to re-boot my computer, servers gone down!

[yaffsimone1]

What have you put in for your defence so far? If you fail to deny an allegation it may be taken that you admit it.

[maud26]

there is no space for any comments or to provide any further info, the only other way is to use the 'defend all' route maybe?

[yaffsimone1]

Yes you are defending the whole claim

[maud26]

Hi,

I realise that but there are basically 3 options i.e

 

1. acknowledgement of service and request for 28 days to prepare defence?

2. defence form

3. admission and defence form

 

If i proceed with '1' will i get the opportunity at a later stage to provide a defence, because the online form does not give the option, if i just go ahead with '2' i only have 14 days in which to get organised but there is a space for a defence.

 

I might just ring the court and see what they say?

 

Thanks

Diane

[maud26]

Redaing between the lines and going from past experience being a claimant with MCOL, i think i need to do the acknowledgement of service and provide the defence at a later date maybe.

[yaffsimone1]

Sorry to go over old ground.... i was aware that you apply for an Acknowledgement of Service, you then have 28 days to go back into the claim account to file the defence. The court will be able to tell you exactly

[maud26]

Fab

Thats great! So i send the letters to Gold & Littlewoods and wait for their (pathetic) response!!

Huge thanks - will leave you in peace now

Diane

[gerryb2]

Hi Maud 26

 

I've also had DCA file with MCOL - (it seems they didn't appreciate a visit from Mr Plod but that's another story).

 

First thing when you get over the shock (and many people are shocked by Court papers), is not to panic.

Log on to MCOL and acknowledge claim using option 1. with 14 days of Date of Service. The Date of Service will show up when you log on but it usually is 5 days from when they posted the claim out to you.

 

When you've done this you will have 28 days from DOS to file your defence. Send off the CCA requests in the mean time. Depending on what you get back, if anything, that is when you file your defence - day 27 is a good option.

 

If you don't receive agreement then I would suggest filing a defence along the following lines (edit to your own needs), though others more knowlegable may have other ideas. This looks good to Court by giving them time to come up with any agreement and you can then spend time putting together further arguments (charges,PPI, etc)

 

 

 

Defendant’s Statement

• This Defence is filed and served without prejudice to the right of the Defendant to apply for summary judgment in respect of and/or to strike out the Particulars of Claim.
  
• In accordance with the terms of the Consumer Credit Act 1974 s77-79 the Defendant wrote to the claimant on the {date} requesting a true copy the original credit agreement, a signed true and certified copy of the original default notice and a certified copy of any Deed of Assignment if the debt was sold on.
  
• This request has not been fulfilled.

• Under the Consumer Credit Act 1974 s77-79 the defendant was entitled to receive a copy of a properly executed credit agreement on request

• The Consumer Credit Act 1974 s77-79 states clearly that the claimant should provide this within the prescribed period of 12 days. The claimant is not entitled while the default continues to enforce the alleged agreement. The Consumer Credit Act 1974 s77-79 also states that after a further 1 month the claimant has committed an offence.

• By failing to comply within the specified time limits as prescribed in the Consumer Credit Act 1974 s77-79 the claimant has committed an offence.

• Failure to comply with Consumer Credit Act regulations is fatal to the claimants claim.

• The Defendant invites the Claimant to remedy the above by supplying a true and properly executed copy of the original credit agreement. In the event that the Claimant fails to do so within 14 days of the service of the Defence then the Defendant will apply to the Court for an Order striking out the Particulars of Claim.

• The Defendant reserves the right to plead further to the Particulars of Claim once and if the Claimant produces the original agreement. In the meantime, it is denied that the Claimant is entitled to the relief claimed or any relief whether as pleaded or at all.

I believe that the facts stated in this form are true

 

Signed Date

 

 

[maud26]

Hi guys,

I have today recieved what appears to be a CCA, however not signed. Not sure what to do - i am running out of time.

thanks

Maudy

[ODC]

Hi guys,

I have today recieved what appears to be a CCA, however not signed. Not sure what to do - i am running out of time.

thanks

Maudy

Scan and post i here, We will tell you if its legit. No signature means its crap

[maud26]

Hi,

Hope i have done this correctly!!

Please help - i'm running out of time fast

Thanks

Maudy

[maud26]

I would apprecaite some advice on this if anyone has any??

Many thanks

Maudy

[yaffsimone1]

That is exactly the same as they sent me. Im not worrying about it too much as i know 200% i have never signed an agreement and the address they have put on the 'agreement' was not the address i was living at when i first started using Littlewoods.

 

Have you noticed what the letter says? They are assuming you have signed an agreement on opening the account, they wouldn't need to assume if they had one! and they enclosed a copy of thier agreement not yours.

[maud26]

Hi

Thanks for the reply

What should i do now then? I cant even log into MCOL to submit a defence because its says my password etc is nt valid!

Thanks

Maudy

[tomterm8]

phone the court. Describe your problem, and get them to check it is a valid claim.

[maud26]

Hi,

thanks for the reply

I have been trying to do that for the past week, they are so busy and i only have my lunch break in which to ring them.

Will have to try again tomorrow i guess.

Out of interest i have another Court claim and when i filed my defence today online it worked first time so i dont know whats going on!

Thanks

Maudy

[tomterm8]

Hi,

thanks for the reply

I have been trying to do that for the past week, they are so busy and i only have my lunch break in which to ring them.

Will have to try again tomorrow i guess.

Out of interest i have another Court claim and when i filed my defence today online it worked first time so i dont know whats going on!

Thanks

Maudy

 

It is a known fact that sometimes DCA's use official looking documents to scare people into fast payments. While i would not attribute these motives or actions to any organisation without proof, it is certainly a possibility to consider.

 

Does the document you recieved have a court stamp on it?

 

It is very important to phone the court or even go to your local court in person to discuss the matter, as it is urgent.

[ODC]

phone the court. Describe your problem, and get them to check it is a valid claim.

You mean its possible that they would issue documents meant to look like Official Court Documents

 

I am totally shocked

 

 

 

Dunno why

[maud26]

Yes it is stamped and moreover i used the password to respond in the first place so it did work at some point!

Thanks

Maudy

[tomterm8]

Oh... so presumably you've already acknowledged service, then? Did you say you were going to defend in full?

[maud26]

Yes - 8th May i think

CCA turned up last week despite the 12 day deadline!!

Maudy

[maud26]

Hi all,

Any ideas what i should do next? I have contacted the court who have confirmed receipt of my defence (thanks for the help Yaffsimone!!), and also confrimed that no judgement has been made. What will happen next???

Help!

Thanks

Maudy