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Court letter but no default notice on file

24

Comments

  • molerat
    molerat Posts: 35,002 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    There should be other no costs, the claim form should state everything that is being requested. If you fail to pay then enforcement costs could be added which, if you watch the tv programmes, adds massively to the debt.
  • PixelPound
    PixelPound Posts: 3,069 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    There will be the judgement cost. Your claim form will stipulate the court fees and solicitor costs, but then there is judgement costs which differ if you don't respond (default judgement), complete the Admissions (judgement by admission) or the defence for which a questionnaire is then sent.
  • rbritish
    rbritish Posts: 27 Forumite
    Thanks. I am currently waiting for full disclosure of held documents from Shoosmiths Solicitors. I will be defending the claim if there is an option to do so. I will also turn up to Court and not let a default judgement be issued. Taking this bull by the horns.
  • rbritish
    rbritish Posts: 27 Forumite
    Hiya everyone

    I filled out the Acknowledgement of Service and it was received on 10th April online with the Court. Do I need to write to the creditor`s solicitor and tell them?
    Doing all this by myself.
    Thanks.
    RICHARD.
  • fatbelly
    fatbelly Posts: 23,229 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Cashback Cashier
    No, they're informed by the court.

    Keep an eye on the dates as your defence must be in within 28 days after service date

    Hopefully legalbeagles are helping you
  • rbritish
    rbritish Posts: 27 Forumite
    Hi
    Everyone has been so helpful. Thank you.
    I am still awaiting disclosure from the solicitors. If I decide before the 28 days after the Acknowledgement of Service or after I have filed my defensive online before going to Court and realising the debt is mine from 2004 can I change my stance and offer monthly payments? The court website won't let me do it now as I am building my defensive.
    Thank you.
    RICHARD.
  • fatbelly
    fatbelly Posts: 23,229 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Cashback Cashier
    Yes but the website does now assume you are going to defend or at least do a part-admission.

    If you object to some of the interest or some of the legal costs you can offer monthly instalments on the reduced balance, and do it through the website
  • PixelPound
    PixelPound Posts: 3,069 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    The AoS gives you the extension, but if you don't mount a defence you will just get a CCJ
  • fatbelly
    fatbelly Posts: 23,229 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Cashback Cashier
    rbritish wrote: »
    If I decide before the 28 days after the Acknowledgement of Service ...

    Just noticed this - it's 28 days after service date, not Acknowledgement of Service

    The Acknowledgement of Service just extends the deadline by 14 days, as long as you do the Acknowledgement of Service within 14 days after service date.

    Hope that makes sense
  • rbritish
    rbritish Posts: 27 Forumite
    Hiya
    I have not received a response from the solicitors now and the 7 days for them to respond is up. I have confirmation the CPR request to show me their documents to enter my defence on or before 3rd May by signed for post.
    Can I now apply to the Court to let them know I can't reasonably enter my defence as the solicitor is in default of my request and ask for it to be stopped?
    Thank you again.
    RICHARD.
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