Letter Before Claim

Scorpion84

So, the solicitor sent me this:

‘We believe our Letter Before Complaint is complaint with most up to date version of the Pre-Action Protocol (‘the Protocol’) however and without concession, we would be grateful for clarification as to your position with respect to non-compliance with the same.

It is noted that you have not provided an account of your version of events as it is required by the Protocol.

Despite the above with a view to expediting matters, please find enclosed evidence our client may later rely on should the need for proceedings arise. We also enclose a copy of the Annex 1 Information Sheet, the Reply Form and the Standard Financial Statement.’

Also, answers to other questions that I raised.

What should be my next step if not the reply form? Another letter/email giving more detailed version of the events?

Thanks again for the time you spend reading all this!

KeithP

Scorpion84 wrote: »

What should be my next step if not the reply form? Another letter/email giving more detailed version of the events?

You have now reached the very easy bit.

Pull up a chair by your front door and wait patiently for a County Court Claim Form to drop through your letter-box.

To keep you occupied during that time it might be a good idea to re-read post #2 of the NEWBIES thread with a view of understanding what to do with that form when it arrives.

Scorpion84

Thanks Keith. I suppose you are right. I will be back then when such letter arrives!

Scorpion84

Hi guys. So finally it arrived: Claim Form from County Court Business Centre. As much as I believe I do not owe them anything I started to doubt whether I will be able to convince the judge. They are asking for over £250. In case I lose the case I cannot have any marks on my credit score. Can anyone explain me whether in case of judgement order against me, if I pay whatever ordered within a month will the CCJ still be recorded?

Coupon-mad

No, by paying after judgement within 20 days, any CCJ is completely wiped from the register with no trace, not even a smudge.

You have nothing to worry about and this is why we help people fight, not least because if you were one of the 1% here who lost, you'd only be liable for the PCN sum (£100?) plus fifty quid court fees, because we coach people on how to argue that the added debt collector costs/damages and legal costs are imaginary and unrecoverable.

So people who lose pay LESS than the extortionate sum claimed, no CCJ, nothing bad, and people who win pay nothing and can claim their reasonable, standard costs for attending.

So, what the ISSUE DATE of your claim form?

KeithP

What is the Issue Date on your Claim Form?

Did it come from the County Court Business Centre in Northampton, or from somewhere else?

Scorpion84

Yes, it is from County Court Business Centre in Northampton. The issue date is 07 May 2019.

KeithP

Scorpion84 wrote: »

Yes, it is from County Court Business Centre in Northampton. The issue date is 07 May 2019.

With a Claim Issue Date of 7th May, you have until Tuesday 28th May to do the Acknowledgement of Service, but there is nothing to be gained by delaying it. To do the AoS, follow the guidance offered in a Dropbox file linked from post #2 of the NEWBIES FAQ sticky thread. About ten minutes work - no thinking required.

Having done the AoS, you have until 4pm on Monday 10th June 2019 to file your Defence.

That's a whole month away. Loads of time to produce a perfect Defence, but don't leave it to the last minute.


When you are happy with the content, your Defence should be filed via email as suggested here:

Print your Defence.
1. Sign it and date it.
   
2. Scan the signed document back in and save it as a pdf.
   
3. Send that pdf as an email attachment to CCBCAQ@Justice.gov.uk
   
4. Just put the claim number and the word Defence in the email title, and in the body of the email something like 'Please find my Defence attached'.
   
5. Log into MCOL after a few days to see if the Claim is marked "defence received". If not chase the CCBC until it is.
   
6. Do not be surprised to receive an early copy of the Claimant's Directions Questionnaire, they are just trying to keep you under pressure.
   
7. Wait for your DQ from the CCBC, or download one from the internet, and then re-read post #2 of the NEWBIES FAQ sticky thread to find out exactly what to do with it.

Scorpion84

Thanks. I am going to acknowledge the service then. If I compose my defence and post it here will you advise me on it?

KeithP

Scorpion84 wrote: »

If I compose my defence and post it here will you advise me on it?

Someone will, I'm sure.