HELO-AGL Bryan Carter and a County Court Claim Form

pelirocco

DVardysShadow wrote: »

You don't dispute court claims, you defend them ....

Filling in a County Court Admission Form

You must fill the Admission Form in with care as it is used to determine your payment level to the creditor. Follow these steps to filling in the form.
The first section is where you fill in the court name for the hearing, the case number, your details and the creditor details.
If you don't dispute the amount owed then tick the box stating so. If you dispute the amount owed, then tick this box instead.


copy and pasted an extract from http://www.debtadvice.co.uk/debt-information/county-court.html

pelirocco

Or this

The defendant may choose one of the following options:-
‘Acknowledgement of Service’ Completing and sending the Acknowledgement of Service document to the Court allows the defendant a further 14 days (28 days in total) to choose one of the options below.
Or
‘Admit the claim’ by completing the Admission form. admitting your claim in full and making full payment of your the claim or making proposals to pay the sum you are claiming.

If he chooses this option he will complete the Admission form and send it to the Court. The Court will send you a copy of this completed form.

‘Dispute the claim’ by completing the Defence form This will tell you why the Defendant disputes your claim.

If the Defendant chooses this option he must complete the Defence form and send it to the Court. The Court will send you a copy of this completed form.

"Dispute your claim and claim something from you’ by completing the Defence and Counterclaim. This will tell you why the Defendant disputes your claim and what he wishes to claim against you.

If the Defendant chooses this option he must complete the ‘Defence and Counterclaim’. The Court will send you a copy of this completed form.

nottoolate

pelirocco wrote: »

Filling in a County Court Admission Form

why would they be filling out the admission form for a debt they know nothing of?


the op should be defending if anything.


although probably the best course of action here would be to acknowledge the claim to get 28 days to respond and then put in a request for info under CPR. then when or if they get info on what it is they can make the decision whether to admit or defend. they shouldn't be leaping to put in a defence just yet

whatonearth

Agreed. I am not going to admit something that a) I have no information of what and to whom I owe money and b) that I dispute anyway

DVardysShadow

pelirocco wrote: »

Filling in a County Court Admission Form

You must fill the Admission Form in with care as it is used to determine your payment level to the creditor. Follow these steps to filling in the form.
The first section is where you fill in the court name for the hearing, the case number, your details and the creditor details.
If you don't dispute the amount owed then tick the box stating so. If you dispute the amount owed, then tick this box instead.


copy and pasted an extract from http://www.debtadvice.co.uk/debt-information/county-court.html

As this refers to an admission form, this makes it quite clear that a dispute is different from a defence. Basically, an admission is admitting that you owe something to the claimant for whatever debt they are claiming on but within that admission, you dispute the amount. This does not correspond to the OP's situation. The OP should be defending, not disputing.

eg the claim may state "the defendant owes us £4,277.25 for building works". But the claimant may say "Yes I do owe for precisely those building works and the amount is £3277.25, because I paid £1000 in advance"

pelirocco wrote: »

Or this

The defendant may choose one of the following options:-
‘Acknowledgement of Service’ Completing and sending the Acknowledgement of Service document to the Court allows the defendant a further 14 days (28 days in total) to choose one of the options below.
Or
‘Admit the claim’ by completing the Admission form. admitting your claim in full and making full payment of your the claim or making proposals to pay the sum you are claiming.

If he chooses this option he will complete the Admission form and send it to the Court. The Court will send you a copy of this completed form.

‘Dispute the claim’ by completing the Defence form This will tell you why the Defendant disputes your claim.

If the Defendant chooses this option he must complete the Defence form and send it to the Court. The Court will send you a copy of this completed form.

"Dispute your claim and claim something from you’ by completing the Defence and Counterclaim. This will tell you why the Defendant disputes your claim and what he wishes to claim against you.

If the Defendant chooses this option he must complete the ‘Defence and Counterclaim’. The Court will send you a copy of this completed form.

This seems to be from guidance material aimed at claimants and I would say that the choice of the word 'dispute' is rather poor - plus this quote completely ignores the possibility that the defendant may admit the debt, but dispute the amount - as indicated in the first quote.

It may sound picky, but the material you have quoted shows that getting the right word is really important for the OP. OP in my opinion should defend - hence sending in a defence. If OP believes you and thinks they have to dispute, they could look at the forms and find 'dispute' on the admission form and fill that one in by mistake.

whatonearth

Now I really am confused!

nottoolate

1st thing to do is acknowledge the claim and say you wish to defend. should be instructions for doing that in the pack you were sent with the claim form.

doing that gives you 28 days rather than 14 days in which to find out what the debt is for and decide whether to or how to defend the claim

pelirocco

whatonearth wrote: »

Now I really am confused!

Ring the court , ask them if this claim has been submitted to the court

if it has , you could ask them how you can dispute it ( sometimes they say they cannot give advice )

The claim form will normally have a page for you to fill out to say you either acknowledge the debt or not or even if you only acknowledge part of it ( if memory serves me right ) .


If it hasnt got this then return , with a covering letter saying you do not acknowledge this debt and the reasons why

mrsb83_2

You've been given some inappropriate and conflicting advice, unfortunately.

You need to use the defence form sent to you in the claim pack. Your defence is that the claim form does not give sufficient information for you to identify any claim.

https://www.direct.gov.uk has some good plain English advice on what to do and has good links to forms.

DVardysShadow

pelirocco wrote: »

Ring the court , ask them if this claim has been submitted to the court

if it has , you could ask them how you can dispute it ( sometimes they say they cannot give advice )

The claim form will normally have a page for you to fill out to say you either acknowledge the debt or not or even if you only acknowledge part of it ( if memory serves me right ) .


If it hasnt got this then return , with a covering letter saying you do not acknowledge this debt and the reasons why

It will be easy to establish whether the papers are from the court. They will bear the court stamp.

And again, I think you are adding to the confusion, by using the word 'dispute'. OP needs to defend, not dispute this one.