County court claim form

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Boingsaidzebberdy
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Joined: 04 Mar 2018 01:18

County court claim form

Post by Boingsaidzebberdy » 19 Mar 2018 20:44

Hi again..received a letter from link financial on 26-2-2018 regarding a debt from which was assigned on 14-08-2013..it says that balance owing is £2.284. I then received a county court claim form on the 16-3-2018. And the amount being claimed on that is 3350.94..I have know responded to the claim on moneyclaim.gov to see if I can buy some time with this..they say it was for a Barclaycard. I had genuinely forgotten about it as it was from 2013..I've read somewhere that I need to fill in a couple of forms regarding the credit agreement..but not sure which ones..and need to send one to link financial and their solicitors..but I'm not sure if it's to late to do that..thanks in advance

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Michelle
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Re: County court claim form

Post by Michelle » 19 Mar 2018 23:12

Have you any idea when you last made a payment to this card? If it was over six years ago, it would be statute barred.

What you read about the credit agreement does not refer to filling in forms but sending a letter to make an official request for a copy of your credit agreement. If you acknowledged service online, you have up to 33 days from the date printed on the claim form, to submit a defence. This includes 5 days allowed for service, so you should still have time, what's the date on the claim? Any idea when you may have taken out this card?

If the debt is statute barred, there is no need to take this step, as statute barred is an absolute defence, so we need to explore that possibility to start with.
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Boingsaidzebberdy
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Joined: 04 Mar 2018 01:18

Re: County court claim form

Post by Boingsaidzebberdy » 20 Mar 2018 18:55

Hi.. I can really only go on what it says on the claim form that was sent to me..it says the defendant failed to make payment and by 27-06-2013 a default was issued..would it not be a month before that, that I made the last payment..the date on the claim form is 14th of March.. so I just need to write a couple of letters asking for the original ca and send a postal order for £1..thanks again..

Boingsaidzebberdy
Posts: 3
Joined: 04 Mar 2018 01:18

Re: County court claim form

Post by Boingsaidzebberdy » 20 Mar 2018 19:00

Sorry It says the account was opened on 10-07-2009..

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Michelle
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Re: County court claim form

Post by Michelle » 20 Mar 2018 22:05

Boingsaidzebberdy wrote:
20 Mar 2018 18:55
Hi.. I can really only go on what it says on the claim form that was sent to me..it says the defendant failed to make payment and by 27-06-2013 a default was issued..would it not be a month before that, that I made the last payment..
That would be one from your records, accounts are not defaulted as soon as you miss one payment, but it's unlikely to have been a over a year earlier, so I assume this wouldn't be statute barred.
Boingsaidzebberdy wrote:
20 Mar 2018 18:55
the date on the claim form is 14th of March..
Your defence is due by the 16th of April, keep this date in mind to avoid a default judgment!
Boingsaidzebberdy wrote:
20 Mar 2018 18:55
so I just need to write a couple of letters asking for the original ca and send a postal order for £1..thanks again..
See attached file.
CCAOCUE.docx
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Listen very carefully, I shall post this only once:
Anything posted by me is from my own knowledge and experience, it is not legal advice or the official views of this forum.

Knowledge is Power.

Boingsaidzebberdy
Posts: 3
Joined: 04 Mar 2018 01:18

Re: County court claim form

Post by Boingsaidzebberdy » 20 Mar 2018 23:50

Hi..thanks for that..would I have to make the postal order payable to the company's I'm sending to, or just leave blank..thanks

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