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Why do Claimants ignore the basics?

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  • Why do Claimants ignore the basics?

    When a party seeks to issue a claim he is required to comply with numerous rules. If no specific Pre Action Protocol applies then he must serve a letter of claim in accordance with the Pre Action Protocol Practice Direction. He should serve on the Defendant any documents which are central to his case. For […]

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    I work for Roach Pittis Solicitors. I give my free time available to helping other on the forum and would be happy to try and assist informally where needed. Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability.

    If you need to contact me please email me on Pt@roachpittis.co.uk .

    I have been involved in leading consumer credit and data protection cases including Harrison v Link Financial Limited (High Court), Grace v Blackhorse (Court of Appeal) and also Kotecha v Phoenix Recoveries (Court of Appeal) along with a number of other reported cases and often blog about all things consumer law orientated.

    You can also follow my blog on consumer credit here.
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  • #2
    Re: Why do Claimants ignore the basics?

    To answer the question, greed. I suspect there are large enough numbers who cough up or agree a repayment or simply get a default judgement against them that a few losses pale in to insignificance.

    M1

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    • #3
      Re: Why do Claimants ignore the basics?

      There is a case currently running - Mayflower21 v MKDP LLP


      ''
      They asked what I was requesting and said that they don't usually get that information from the original creditor as they don't expect people to defend the claim. They said they would request them for me now but can't guarantee how long it will take to get them.''
      #staysafestayhome

      Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

      Received a Court Claim? Read >>>>> First Steps

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      • #4
        Re: Why do Claimants ignore the basics?

        I have a case at the moment where the Claimants Solicitors have issued the claim without having the documents mentioned in their claim i.e. Agreement, Default and Assignment and they failed to sign the statement of truth properly as it was signed as a company, not as an individual. I put in a 31.14 request and they replied "The documents required under the CPR 31.14 Request have been requested from our client and will be provided to you once we are in receipt of the same."


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