Yes it's The Car

wealdroam

mc303 wrote: »

Hi, ok I sent the letters to both the trader and MBNA, the 14 days has past, should I know complete the n1 and name both parties as the defendants?
also if I am asked why I named both, I am not sure of the correct reply to give, can you advise me please?
thank you

"I have named two defendants because under Section 75 of The Consumer Credit Act they are both jointly and severally liable".

Are you using the Money Claim Online service?

mc303

I have spoken with money claim and they said I should post Ex160 and N1 as I am applying for help with the fees, should I now proceed?
thank you WR

wealdroam

mc303 wrote: »

I have spoken with money claim and they said I should post Ex160 and N1 as I am applying for help with the fees, should I now proceed?
thank you WR

You told them in your Letter Before Action what would happen if they didn't pay within fourteen days, didn't you?

Then why are are you now asking what to do next?

mc303

Because i'm nervous and don't want to mess up

I would like a reply as soon as possible so that I know you have received this letter. If you don't agree to the refund, could you please then send me a detailed response saying why you don't agree.
If I do not receive a satisfactory response from you within 14 days of the date of this letter, I intend to issue proceedings against you in the county court without further notice. This may increase your liability for costs.
I refer you to the Practice Direction on pre-action conduct under the Civil Procedure Rules, and in particular to paragraph 4 which sets out the sanctions the court may impose if you fail to comply with the Practice Direction.
I look forward to your acknowledgement.
Yours sincerely

wealdroam

mc303 wrote: »

If I do not receive a satisfactory response from you within 14 days of the date of this letter, I intend to issue proceedings against you in the county court without further notice.

I'm not sure what more needs to be said.

mc303

ok thank you WR

m0bov

You need to file a claim now, if you wait they will think you are not serious.

mc303

hi, am I right in thinking I have to file 2 N1 forms? the reason being it says on the help guide

Defendant’s name and address Enter in this box the title, full names, address and postcode of the defendant receiving the claim form (one claim form for each defendant)

or can I put both parties on 1 form?
please advise
thank you so much

DoaM

Having never filed a claim I cannot say unequivocally, but ... the notes seem clear?

mc303

thanks Doam, so 2 separate N1 claim forms then?