Another set of court papers!

nova

Hi All,
This morning l recieved court papers from northampton for another one of my ge money accounts. Now!! l've been trying to learn as l go along from op's, would l be right in thinking that if l file the acknowledgement of service, this will give me 28 days, in the meantime l can request a copy of the cca from cohens (yes its them again). As they have to produce this in 12&2 days, then hopefully they wont do this and my defence can be no cca with them?
Have l got that right, have l been a good student!!!!
Although l have requested a refund of charges on this account from ge money, the letters must have crossed in the post.

Any advice greatly appreciated as always.
Nova.

Merlinexcalibur

Others with more - and hopefully constructive help - will be along shortly I imagine with more expert knowledge than I.

But from what I learned elsewhere, as a learner like yourself, was that you have to state you are going to defend on the papers somewhere. And it has to be done online to my knowledge. Northampton, again from what I learned elsewhere said to many others in the same boat as you, is as you may know a virtual court. So you would also have to get it transferred ASAP to a local court. Where you can attend, because odds on if you don't then you will get no chance to put your case to the judge and CCJ will be obtained by default. The good thing - maybe - is that it might not even see the inside of a court room. Other things can happen, such as the judge viewing your case reads your defense, sets it aside or may even not consider it on whatever grounds. Could be wasting the court's time. The judge may see it as a waste of his/her time but also the court's resources. It depends who reads your case. Lottery if you like.

My only other advice would be please don't rely on letters getting crossed in the post. And take action now. Otherwise, you could obtain a CCJ by default. Cohens, as I have read elsewhere, are major culprits of this. And they know it, which is why some collection agencies do it. And also please appreciate that their idea of 28 days isn't always the same as yours. I have read of other cases like this where an unreasonable date or time limit has been set, eg 5 days, and in which time no one can reasonably get help or defend their case. It happens, however much anyone else would like to try and deny it. The proof is the thousands of debtors who have had it done to them. So, in other words, they'd obtain it by default on the basis they knew you had no time to file a defense ... and yes they can get away with it.

Anyway, enough with that.

As they have to produce this in 12&2 days, then hopefully they wont do this and my defence can be no cca with them?
Have l got that right, have l been a good student!!!!

Erm, I wouldn't imagine so. Because Cohens are the party taking you to court, yes? So, I would imagine they will now delay or 'lose' sending your CCA. And they can still take you to court IF nothing else happens in the meantime. Without a CCA. Or they might produce it 'at the last minute' and show the judge. Sneaky, yes but bare in mind it's what they are paid to do and why they exist. Again, I wouldn't rely on 'what ifs'. You can't afford to with things like this. Because this process may look okay on paper but in reality ... it's like swimming in shark infested waters where any rule applies. This is not to scare you, but many have been in this situation otherwise why have forums like MSE or the Consumeractiongroup? Wouldn't need them would we if stuff like that never happened in life?

There were some other things I wanted to say but I will leave those. Don't want to go on.

nova

Thanks Merlin,
yes cohens are awful,my oh has apparently got a ccj from them, no notice of this just waitng to find out where and when they lodged it, but in the meantime he had to reply to the local court and explained all this as as you say there seems to be something missing in the procedure, we're hoping the judge will strike it out. ln his defence we gave an i/e sheet, made a reasonable offer and its as though they completely ignored it,so as l say, think the judge will see them as wasting time. l really eed to keep on top of it though so l can eventually help others out.
nova X

10past6

nova wrote: »

Have l got that right

No, a CCA request at this stage is of no use once litigation has commenced.

You can use a CCA as part of a defence but only with other documentation such as default notice, termination letter, etc,. etc,.

nova

Thanks 10past6,l'll go through the paper work and see whatl have, would the default notice be from OC or cohens? As l've requested refund of charges from OC do l do a defence or counterclaim or both.

Thanks Nova X

10past6

The DN should be from the OC

You need to issue a counterclaim for any outstanding charges.

Remember, they are 2 seperate issues

A defence is for you to say why they should not be allowed there claim.

The counterclaim will be for you to say why they are liable.

Keep them both seperate.

Merlinexcalibur

l really eed to keep on top of it though so l can eventually help others out.

You already are. Because other people will read your post, see you are fighting back, and most importantly that you CAN and it will give them the courage to do the same thing. Why say anymore?

kel123_2

You must acknowledge service through money claim - you then have 28 days in which to enter a defence.

At this point the only thing you can do is a CPR 18 for information to the solicitors and hope that they respond (they do not always respond)!

Can I suggest that you ask for help on iether of the following forums, they have more experience of what to do.

www.consumeractiongroup.co.uk

www.consumercredatsupport.co.uk

nova

Thanks everyone, l do appreciate your help. lm confusing myself here, actually l dont need to put in a defence as l admit part of the claim, just counterclaiming the charges, which would actually bring the amount owed down to about £50 which l could try and find this and get rid of them, they're horrid. Although they'd add millions in fee's too!

louietudor

kel123 wrote: »

At this point the only thing you can do is a CPR 18 for information to the solicitors and hope that they respond (they do not always respond)!

what does this mean? (sorry nova not highjacking your thread but im having allsort of problems with court papers too)

nova

louietudor wrote: »

what does this mean? (sorry nova not highjacking your thread but im having allsort of problems with court papers too)

Thats ok louie, l was reading all yours yesterday!!! Thats where l thought l could request a cca, not sure what one of those things is will try and find out. l hate dealing with the court papers l go into panic mode!! We'll get through it all together, lm sure someone'll answer you soon enough.X