Please help. Don't know what to do.

d_brat81

kangoora said:

Can't you get your doctor to prescribe lancets and strips? I'm diabetic and all prescriptions are free but I don't use those items so unsure if they can be prescribed on the NHS

Worth the try.  I've always bought my own.  I get the medication free but not the strips and lancets.  Thank you.

My council tax is really £150 but I told them I'm struggling so they spread it out.  Shall I put the original amount? Or leave it at what I pay since the adjustment?

Same for the water rates.

storybookgirl

Worth the try.  I've always bought my own.  I get the medication free but not the strips and lancets.  Thank you.

If you’ve got diabetes all of your medications including consumables should be free of charge, you shouldn’t even need to pay for the 3 monthly ppc. There’s a form that the GP surgery can give you that you fill in.

i get al of my lancets and strips free x

d_brat81

storybookgirl said:

Worth the try.  I've always bought my own.  I get the medication free but not the strips and lancets.  Thank you.

If you’ve got diabetes all of your medications including consumables should be free of charge, you shouldn’t even need to pay for the 3 monthly ppc. There’s a form that the GP surgery can give you that you fill in.

i get al of my lancets and strips free x

I don't get prepayment, I do it for my husbands meds as it works out cheaper.  I just buy my strips and lancets.

I will definitely be asking on Monday.  

gizmo111

It is unlikely that as the loan is from 2007 that they will have the agreement, and therefore the debt will be unenforceable
Send back the acknowledgement stating that you intend to defend all the claim, then send the following to the claimant to request the documents needed for them to be abel to prove to the court that you owe the money and their claim is valid.

Your address]

 

[Their address]

 

[Date]

 

Dear Sir,

Re: (Claimant's name) v (Your name) Case No:

CPR 31.14 Request 

On (date) I received the Claim Form in this case issued by you out of the (Name) county court. 

I confirm having returned my acknowledgement of service to the court in which I indicate my intention to contest all of your claim. 

[Prior to the issue of proceedings I had delivered a request for the production of the agreement mentioned in the Claim Form and on which you rely. That request was ignored][delete if no such request was delivered] 

Please treat this letter as my request made under CPR 31.14 for the disclosure and the production of a verified and legible copy of [each of the following / the] document(s) mentioned in your Particulars of Claim: 

1: the agreement. You will appreciate that in an ordinary case and by reason of the provisions of CPR PD 16 para 7.3, where a claim is based upon a written agreement, a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the original(s) should be available at the hearing. Further, that any general conditions incorporated in the contract should also be attached. 

2: Notice of Assignment*

 3: The Default Notice*

 4: The Termination Notice*(if applicable for loans/HP/)

 5: Statement of Account*

 6: [any other documents mentioned in the Particulars of Claim]*

 * delete if not mentioned in the Particulars of claim. 

Although your claim is for a sum which is not more than £10,000.00 and will in all likelihood be allocated to the small claims track for determination upon my delivering a defence, at this moment in time I have not delivered my defence and the case has not been allocated to a track. In consequence the provisions of CPR 27(2) are of no effect and you should not seek to avoid compliance with your CPR 31 duties by claiming otherwise]#

 # delete if claim for a sum exceeding £10,000.00

You should ensure compliance with your CPR 31 duties and ensure that the document(s) I have requested are disclosed at your earliest convenience. Your CPR 31 duties extend to making a reasonable and proportionate search for the originals of the documents I have requested, the better for you to be able to verify the document's authenticity and to provide me with a legible copy. Further, where I have requested a copy of a document, the original of which is now in the possession of another person, you will have a right to possession of that document if you have mentioned it in your case. You must take immediate steps to recover and preserve it for the purpose of this case. 

Where I have mentioned a document and there is in your possession more than one version of that same document owing to a modification, obliteration or other marking or feature, each version will be a separate document and you must provide a copy of each version of it to me. Your obligations extend to making a reasonable and proportionate search for any version(s) to include an obligation to recover and preserve such version(s) which are now in the possession of a third party. 

In accordance with CPR 31.15© I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request. 

If you are unable to comply with this request and believe that you will never be able to comply with this request please confirm this in your response. 

Yours faithfully

 [type your name only]

 

no need to sign

d_brat81

gizmo111 said:

It is unlikely that as the loan is from 2007 that they will have the agreement, and therefore the debt will be unenforceable
Send back the acknowledgement stating that you intend to defend all the claim, then send the following to the claimant to request the documents needed for them to be abel to prove to the court that you owe the money and their claim is valid.

Your address]

 

[Their address]

 

[Date]

 

Dear Sir,

Re: (Claimant's name) v (Your name) Case No:

CPR 31.14 Request 

On (date) I received the Claim Form in this case issued by you out of the (Name) county court. 

I confirm having returned my acknowledgement of service to the court in which I indicate my intention to contest all of your claim. 

[Prior to the issue of proceedings I had delivered a request for the production of the agreement mentioned in the Claim Form and on which you rely. That request was ignored][delete if no such request was delivered] 

Please treat this letter as my request made under CPR 31.14 for the disclosure and the production of a verified and legible copy of [each of the following / the] document(s) mentioned in your Particulars of Claim: 

1: the agreement. You will appreciate that in an ordinary case and by reason of the provisions of CPR PD 16 para 7.3, where a claim is based upon a written agreement, a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the original(s) should be available at the hearing. Further, that any general conditions incorporated in the contract should also be attached. 

2: Notice of Assignment*

 3: The Default Notice*

 4: The Termination Notice*(if applicable for loans/HP/)

 5: Statement of Account*

 6: [any other documents mentioned in the Particulars of Claim]*

 * delete if not mentioned in the Particulars of claim. 

Although your claim is for a sum which is not more than £10,000.00 and will in all likelihood be allocated to the small claims track for determination upon my delivering a defence, at this moment in time I have not delivered my defence and the case has not been allocated to a track. In consequence the provisions of CPR 27(2) are of no effect and you should not seek to avoid compliance with your CPR 31 duties by claiming otherwise]#

 # delete if claim for a sum exceeding £10,000.00

You should ensure compliance with your CPR 31 duties and ensure that the document(s) I have requested are disclosed at your earliest convenience. Your CPR 31 duties extend to making a reasonable and proportionate search for the originals of the documents I have requested, the better for you to be able to verify the document's authenticity and to provide me with a legible copy. Further, where I have requested a copy of a document, the original of which is now in the possession of another person, you will have a right to possession of that document if you have mentioned it in your case. You must take immediate steps to recover and preserve it for the purpose of this case. 

Where I have mentioned a document and there is in your possession more than one version of that same document owing to a modification, obliteration or other marking or feature, each version will be a separate document and you must provide a copy of each version of it to me. Your obligations extend to making a reasonable and proportionate search for any version(s) to include an obligation to recover and preserve such version(s) which are now in the possession of a third party. 

In accordance with CPR 31.15© I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request. 

If you are unable to comply with this request and believe that you will never be able to comply with this request please confirm this in your response. 

Yours faithfully

 [type your name only]

 

no need to sign

Thank you.  I will get this ready to post first thing Monday.

Is this applicable despite making payments of £2 until April 2019?  Just want to double check. 

Thank you, your help is greatly appreciated. 

ict_guy

If you have diabetes, ALL your prescriptions should be free via ‘medical exemption’. You need to complete a form every 5 years or so......

You should not be paying for your test strips.

gizmo111

d_brat81 said:

gizmo111 said:

It is unlikely that as the loan is from 2007 that they will have the agreement, and therefore the debt will be unenforceable
Send back the acknowledgement stating that you intend to defend all the claim, then send the following to the claimant to request the documents needed for them to be abel to prove to the court that you owe the money and their claim is valid.

Your address]

 

[Their address]

 

[Date]

 

Dear Sir,

Re: (Claimant's name) v (Your name) Case No:

CPR 31.14 Request 

On (date) I received the Claim Form in this case issued by you out of the (Name) county court. 

I confirm having returned my acknowledgement of service to the court in which I indicate my intention to contest all of your claim. 

[Prior to the issue of proceedings I had delivered a request for the production of the agreement mentioned in the Claim Form and on which you rely. That request was ignored][delete if no such request was delivered] 

Please treat this letter as my request made under CPR 31.14 for the disclosure and the production of a verified and legible copy of [each of the following / the] document(s) mentioned in your Particulars of Claim: 

1: the agreement. You will appreciate that in an ordinary case and by reason of the provisions of CPR PD 16 para 7.3, where a claim is based upon a written agreement, a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the original(s) should be available at the hearing. Further, that any general conditions incorporated in the contract should also be attached. 

2: Notice of Assignment*

 3: The Default Notice*

 4: The Termination Notice*(if applicable for loans/HP/)

 5: Statement of Account*

 6: [any other documents mentioned in the Particulars of Claim]*

 * delete if not mentioned in the Particulars of claim. 

Although your claim is for a sum which is not more than £10,000.00 and will in all likelihood be allocated to the small claims track for determination upon my delivering a defence, at this moment in time I have not delivered my defence and the case has not been allocated to a track. In consequence the provisions of CPR 27(2) are of no effect and you should not seek to avoid compliance with your CPR 31 duties by claiming otherwise]#

 # delete if claim for a sum exceeding £10,000.00

You should ensure compliance with your CPR 31 duties and ensure that the document(s) I have requested are disclosed at your earliest convenience. Your CPR 31 duties extend to making a reasonable and proportionate search for the originals of the documents I have requested, the better for you to be able to verify the document's authenticity and to provide me with a legible copy. Further, where I have requested a copy of a document, the original of which is now in the possession of another person, you will have a right to possession of that document if you have mentioned it in your case. You must take immediate steps to recover and preserve it for the purpose of this case. 

Where I have mentioned a document and there is in your possession more than one version of that same document owing to a modification, obliteration or other marking or feature, each version will be a separate document and you must provide a copy of each version of it to me. Your obligations extend to making a reasonable and proportionate search for any version(s) to include an obligation to recover and preserve such version(s) which are now in the possession of a third party. 

In accordance with CPR 31.15© I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request. 

If you are unable to comply with this request and believe that you will never be able to comply with this request please confirm this in your response. 

Yours faithfully

 [type your name only]

 

no need to sign

Thank you.  I will get this ready to post first thing Monday.

Is this applicable despite making payments of £2 until April 2019?  Just want to double check. 

Thank you, your help is greatly appreciated. 

Yes it is applicable even though you have made voluntary payments, for their court application to be successful they need to prove they have the documents that make the debt enforceable.  Make sure you get proof of posting when you send the letter.

d_brat81

gizmo111 said:

d_brat81 said:

gizmo111 said:

It is unlikely that as the loan is from 2007 that they will have the agreement, and therefore the debt will be unenforceable
Send back the acknowledgement stating that you intend to defend all the claim, then send the following to the claimant to request the documents needed for them to be abel to prove to the court that you owe the money and their claim is valid.

Your address]

 

[Their address]

 

[Date]

 

Dear Sir,

Re: (Claimant's name) v (Your name) Case No:

CPR 31.14 Request 

On (date) I received the Claim Form in this case issued by you out of the (Name) county court. 

I confirm having returned my acknowledgement of service to the court in which I indicate my intention to contest all of your claim. 

[Prior to the issue of proceedings I had delivered a request for the production of the agreement mentioned in the Claim Form and on which you rely. That request was ignored][delete if no such request was delivered] 

Please treat this letter as my request made under CPR 31.14 for the disclosure and the production of a verified and legible copy of [each of the following / the] document(s) mentioned in your Particulars of Claim: 

1: the agreement. You will appreciate that in an ordinary case and by reason of the provisions of CPR PD 16 para 7.3, where a claim is based upon a written agreement, a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the original(s) should be available at the hearing. Further, that any general conditions incorporated in the contract should also be attached. 

2: Notice of Assignment*

 3: The Default Notice*

 4: The Termination Notice*(if applicable for loans/HP/)

 5: Statement of Account*

 6: [any other documents mentioned in the Particulars of Claim]*

 * delete if not mentioned in the Particulars of claim. 

Although your claim is for a sum which is not more than £10,000.00 and will in all likelihood be allocated to the small claims track for determination upon my delivering a defence, at this moment in time I have not delivered my defence and the case has not been allocated to a track. In consequence the provisions of CPR 27(2) are of no effect and you should not seek to avoid compliance with your CPR 31 duties by claiming otherwise]#

 # delete if claim for a sum exceeding £10,000.00

You should ensure compliance with your CPR 31 duties and ensure that the document(s) I have requested are disclosed at your earliest convenience. Your CPR 31 duties extend to making a reasonable and proportionate search for the originals of the documents I have requested, the better for you to be able to verify the document's authenticity and to provide me with a legible copy. Further, where I have requested a copy of a document, the original of which is now in the possession of another person, you will have a right to possession of that document if you have mentioned it in your case. You must take immediate steps to recover and preserve it for the purpose of this case. 

Where I have mentioned a document and there is in your possession more than one version of that same document owing to a modification, obliteration or other marking or feature, each version will be a separate document and you must provide a copy of each version of it to me. Your obligations extend to making a reasonable and proportionate search for any version(s) to include an obligation to recover and preserve such version(s) which are now in the possession of a third party. 

In accordance with CPR 31.15© I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request. 

If you are unable to comply with this request and believe that you will never be able to comply with this request please confirm this in your response. 

Yours faithfully

 [type your name only]

 

no need to sign

Thank you.  I will get this ready to post first thing Monday.

Is this applicable despite making payments of £2 until April 2019?  Just want to double check. 

Thank you, your help is greatly appreciated. 

Yes it is applicable even though you have made voluntary payments, for their court application to be successful they need to prove they have the documents that make the debt enforceable.  Make sure you get proof of posting when you send the letter.

Will do, thank you.  I'd post when I get a response.

fatbelly

You're getting good advice here. When I referred you to LegalBeagles it was because I suspected this claim was worth challenging. All the templates you need are on that site - for a CPR request to the solicitor, a CCA request to the claimant and ultimately a draft defence. Normally there are folk there who will help you to polish things.
Now your polite response to my earlier post asked a question:

Any idea how to find out the exact debt since none is showing up on his credit files? 

If they are ordinary credit debts (not council tax or utility bills) then they would have appeared on his credit file. However, six years after default or settlement the whole entry drops off.

Now that is very significant.  It may be more than six years since he stopped paying and incurred the default. In which case the debt is statute barred and cannot be enforced through the courts. The debt still exists but doesn't have to be paid.

So the direct answer to your question is 'no'. And if they do write, don't be in a rush to make any payment to it.

d_brat81

gizmo111 said:

Please treat this letter as my request made under CPR 31.14 for the disclosure and the production of a verified and legible copy of [each of the following / the] document(s) mentioned in your Particulars of Claim: 

1: the agreement. You will appreciate that in an ordinary case and by reason of the provisions of CPR PD 16 para 7.3, where a claim is based upon a written agreement, a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the original(s) should be available at the hearing. Further, that any general conditions incorporated in the contract should also be attached. 

2: Notice of Assignment*

 3: The Default Notice*

 4: The Termination Notice*(if applicable for loans/HP/)

 5: Statement of Account*

 6: [any other documents mentioned in the Particulars of Claim]*

 * delete if not mentioned in the Particulars of claim. 

Here is the edited version.  These are the particulars, my head is spinning so not sure if I have included all listed:
By an agreement between LLOYDS TSB & the Defendant on or around 04/06/2007 ("the Agreement')  LLOYDS TSB agreed to loan the Defendant monies.  The Defendant did not pay the instalments as they fell due.  The Agreement was terminated following the service of a default notice.  The Agreement was assigned to the Claimant.  THE CLAIMANT THEREFORE CLAIMS 1. 17825.18 2.Costs

Please treat this letter as my request made under CPR 31.14 for the disclosure and the production of a verified and legible copy of [each of the following / the] document(s) mentioned in your Particulars of Claim:

1: The Agreement. You will appreciate that in an ordinary case and by reason of the provisions of CPR PD 16 para 7.3, where a claim is based upon a written agreement, a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the original(s) should be available at the hearing. Further, that any general conditions incorporated in the contract should also be attached. 

 2: The Default Notice

Did I miss anything?

Also on the Claim Form, the N9B (SDT) Section 3. Defence do I just put a copy of the letter above? Or just say I am awaiting information from the Claimant to make my defence?  I will go through the messages to make sure I have not missed it if someone has already said what to do.

Many thanks in advance.