ARMTRAC Sennen top PCN

Paul-T951

I do have a specific question which I can’t see an answer to in the newbies thread, apologies if it’s there but I’ve read and re-read and can’t see an answer. 

I’ve received the “letter of claim” with the reply forms, which the thread says not to use and instead to request a 30 day extension from the solicitor (which they have issued) and an SAR from Armtrac, which I have received. The thread then moves on to what to do when a court claim is issued. My question is, should I respond at all to the solicitor to state I dispute the claim (not using the reply form but by some other means), or should I just let the deadline date lapse and wait for a county court claim to arrive? 

Again, apologies if this is an obvious question but I couldn’t find an answer to it elsewhere. 

Thanks 

KeithP

If you have replied to the solicitor saying that you are seeking debt advice and therefore delay things for 30 days, that's all you need do.

However, at this time of year you may not want to delay things, as you may find yourself writing a Defence over Christmas. But having said that, there may be nothing else to do this Christmas anyway. Your choice. 

Coupon-mad

Yes you can just email and tell the robo-claim solicitor that you dispute the claim (and why, and attach any evidence you have) because that looks better later in front of the Judge.

Redx

Paul-T951 said:

Redx said:

WS =Witness Statement , it's clear you do not understand the process so you are not digesting the info in the newbies FAQ sticky thread near the top of the forum , nor reading other court case threads either , fatal mistakes to make , especially acronyms and Initialisms. The explanation is in the fifth post there

The Court date comes from the court that you nominate , not from b w legal !! So from your local court

The WS plus Exhibits stage is where the claimant and the defendant exchange their bundles and submit them to the court as well , a mutual exchange of documents and pictures etc , usually some 2 Speedos or more before the hearing date

It will be months before you get a hearing date from the court , especially due to covid19

So no evidence is submitted with the defence , the claimant will be unlikely to share their exhibits for months , so should do so at the mutual exchange date in several months time

Now do some research and get up to speed on what happens and when , and by whom to whom

You will be fed up with that newbies thread being referenced when you ask questions , especially about the basics , so should have memorised acronyms and timelines and procedures etc

Thanks, yes I’ve been reading that sticky, it was the reference to “at defence or WS stage” that was confusing - I did realise WS means witness statement but thought you might be referring to some other specific stage in the process - in my head a witness statement is a document not a stage. I’ve never had cause to pursue any legal proceedings in my life so the legalese can be a little overwhelming, the clarification is useful. 

Bargepole posted his what happens and when years ago and it is still linked in the sticky thread , it's nothing new and nothing has changed

The WS is a document as you say , but the stage is the WS plus Exhibits stage of the court process , exhibits being evidence including photos and other documents etc

Redx

Paul-T951 said:

Redx said:

WS =Witness Statement , it's clear you do not understand the process so you are not digesting the info in the newbies FAQ sticky thread near the top of the forum , nor reading other court case threads either , fatal mistakes to make , especially acronyms and Initialisms. The explanation is in the fifth post there

The Court date comes from the court that you nominate , not from b w legal !! So from your local court

The WS plus Exhibits stage is where the claimant and the defendant exchange their bundles and submit them to the court as well , a mutual exchange of documents and pictures etc , usually some 2 Speedos or more before the hearing date

It will be months before you get a hearing date from the court , especially due to covid19

So no evidence is submitted with the defence , the claimant will be unlikely to share their exhibits for months , so should do so at the mutual exchange date in several months time

Now do some research and get up to speed on what happens and when , and by whom to whom

You will be fed up with that newbies thread being referenced when you ask questions , especially about the basics , so should have memorised acronyms and timelines and procedures etc

Thanks, yes I’ve been reading that sticky, it was the reference to “at defence or WS stage” that was confusing - I did realise WS means witness statement but thought you might be referring to some other specific stage in the process - in my head a witness statement is a document not a stage. I’ve never had cause to pursue any legal proceedings in my life so the legalese can be a little overwhelming, the clarification is useful. 

Bargepole posted his what happens and when years ago and it is still linked in the sticky thread , it's nothing new and nothing has changed

The WS is a document as you say , but the stage is the WS plus Exhibits stage of the court process , exhibits being evidence including photos and other documents etc

I have never done this either , most people here haven't !!

Paul-T951

Thanks Redx, yes I read that but I think that’s what to do once an actual court claim has been received, rather than the letter of claim I have had from the solicitor, if it’s the same thread. https://forums.moneysavingexpert.com/discussion/5546325/court-claim-procedure-updated-october-2016/p1

Thanks all for your advice. 

Coupon-mad

That's right.  LBC stage is merely a stage to narrow the issues and look reasonable whilst trying to get the claimants to reconsider. The trouble is with this industry, the solicitors are robo-claim firms, who will press ahead anyway, so LBC stage is going through the motions.

The best you will get is your SAR from the PPC, which will help you see their hand before the claim arives.

Paul-T951

Just thought I’d add an update here, 2 years later and I’ve not heard a peep from them since their threats of court action. Fingers crossed that one is done and dusted! Thanks to all that helped me out it’s amazing what you do and is hugely appreciated. 

KeithP

Paul-T951 said:

Just thought I’d add an update here, 2 years later and I’ve not heard a peep from them since their threats of court action. Fingers crossed that one is done and dusted! Thanks to all that helped me out it’s amazing what you do and is hugely appreciated. 

That's good to hear but remember...

...they do have up to six years to bring a claim.

Do not throw away all your paperwork yet.

Paul-T951

Absolutely, I have it all filed! Thanks