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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I have received a letter before claim on saturday at my home

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I have received a letter before claim on saturday at my home address and my wife received a letter at her work on monday. We have to acknowledge by this friday according to the demands of the letter.
Both letters are the same and only one point involves my wife and this is covered by an open ended agreement of payment. the remaining claims are against me and they arent true and I have contacted the police with regard his actions and they advised me to pursue the claimant for Harassment, Defamation and intimidation, as all of this is in the form of electronic communication, to me, my wife and our family and friends. but I am an unpaid carer and haven't got the money to defend or pay him by this friday as his solicitor has demanded.
How do I write a letter of acknowledgement asking for additional time to prepare a full response to the claim and also stop them from writting to my wifes work. I am having to rely on the CAB and a local free legal advice service which is closed until next Wednesday.
Submitted: 2 years ago.
Category: Law
Expert:  JGM replied 2 years ago.
Thank you for your question.
You don't say what this is about.
-Could you explain your situation a little more?
Customer: replied 2 years ago.

It is for a contract from July 2013 that my wife and I signed, which acknowledges £19000 debt and it is to be repaid as soon as possible, which we are paying at £10 per month. It is also for several cars purchased as part of a business venture together that he now claims where in my temporary care from the time of purchase. He is also claiming for a loan of £1200 from last july.

He claims that I have broken verbal agreements regarding all apart from the debt of £19000 and I am in breach of agreement regarding the debt contract.

I have proof of agreements made in September and its review in January 2015 covering all this and the truth of each point raised. I have agreed to two of his settlement offers before deadline, the first he was to busy to deal with and when he did reply he demanded an additional £1000, to which I agreed and he then told me he dosnt care he is taking me to court.

Since then I have received papers from the solicitors his mother works for demanding full payment by this friday and all cars be returned, of which two have been sold.

Also they claim has been sent to my wife at her work, firstly only the £19000 debt has anything to do with her and secondly they havent written to her at home at all, just sent straight to her work.

This person has set out on a mission to destroy everything about me, emailing friends and family telling them I am being criminally prosicuted and they will be to if they have anything more to do with me.

I need to acknowledge the claim asking for time to seek advice before I present full response and then I need to find out how to do a full response...

I have had a quote of £7000 to defend this... Im an unpaid carer looking after severly disabled mother, a father with dementia and a wife with mental illness... he knows my position and he doesnt care at... to quote from his email in response to acceptance to second offer of settlement... "I would love nothing more than to smash your head in and watch you suffer"...

Expert:  JGM replied 2 years ago.
What assets do you or your wife have? Do you own your house, for example?
Customer: replied 2 years ago.

We have no assets apart from my wifes car worth about £1500, I am signed off work due to suffering mental illness and she has just started work... we have nothing... I lost everything after my breakdown 5 years ago... we are in extreme financial hardship at this time.

Expert:  JGM replied 2 years ago.
I am sorry to hear that.
I suggest you both see an insolvency practitioner with a view to bankruptcy. The legal effect of a bankruptcy is to wipe out your debts and you could start again and you would no longer have to deal with this person.
Obviously there are issues with being made bankrupt and you have to assess whether you want to do that as against suffering the dreadful situation you are in just now. Generally unless you work in finance or legal occupations or own a house and have a mortgage you would simply have to sit out the period of the bankruptcy and then you are discharged of all your debts and can start with a clean sheet.
Happy to discuss further.
Customer: replied 2 years ago.

ok... but how do I write an acknowledgement of letter before claim to give us the time to do this?

Expert:  JGM replied 2 years ago.
Under no circumstances do you do that. You should never acknowledge a claim at the demand of a Claimant.
Customer: replied 2 years ago.

But it is stating in the letter from his solicitor...

This letter is sent in accordance with the Pratice Direction on Pre Action Conduct (the PDPAC) contained in Civil Procedure Rules (CPR). In particular, we refer you to paragraph 4 of the PDPAC concerning the court's powers to impose sanctions for failing to comply with its provisions.

In accordance to this I have to acknowledge his claim within 14days

Expert:  JGM replied 2 years ago.
You're not going to court over this if you declare bankruptcy.
Customer: replied 2 years ago.

but why should we go bankrupt... we've just getting back on our feet after recovering from 5 years of hell... and now all we can do is go through even more hell because of his demands and threats..... Im not looking to run in shame from this... we've worked hard to get our lives back in order and now the only option we he is lying through his teeth, is for us to run and hide... I cant believe this is the best option!

Expert:  JGM replied 2 years ago.
In that case you can defend the action but you'll have to pay legal fees to do so. I would not advocate bankruptcy without advising considerable thought but you will have to deal with this person's claims and I doubt you are set up to do that. And you appear to be paying an admitted debt of £19000 at £10 per month. That will take over 158 years to pay which is just a nonsense.
Customer: replied 2 years ago.

I understand your point... if I acknowledge his claim asking for 28 days to seek advice, which is all I want to do at this time... I want to present everything and see what is recommended... i do not want to just run away... I'm not made like that...

I need an acknowledgement of claim that gives me the time I need to get advice from the CAB and the local free legal advice service and I need to stop further letters to my wife's work.

from there I'll be able to sit with my wife and decide on the best course of action.

Expert:  JGM replied 2 years ago.
If that gives you the time that you seek then that's fine.
Customer: replied 2 years ago.
Relist: Other.
I need a letter of acknowledgement of the letter before claim that gives me time to get advice from the CAB and free legal advice service. I need 28 days to do this and also need to stop all further letters to my wifes work.
Expert:  Ash replied 2 years ago.
If you complete the acknowledge of service this gives you the time you need.
Please rate my colleagues answer.
Alex
Customer: replied 2 years ago.

I just need an acknowledgement of the letter to claim that covers the points raised...

28 days to seek advice and assistance and to stop further letters going to my wifes work...

I cannot believe that the claimant can treat my wife, my family, my friends and me like this since september last year and all that can be done is for me to go bankrupt... if this is English Law, its crazy!!!

We have suffered beyond belief with regard to this... this is crazy, absolutely crazy

Expert:  Ash replied 2 years ago.
The acknowledgment of service just gives you 29 days to defend the claim and gives an address for service.
Once you file it they will then change the address for documents.
Alex
Customer: replied 2 years ago.

Ok but what do I write?

I just need time Alex... I'm not trying to run from the debt or get away with it... I just need time to seek advice and then send a full reponse to the claim.

My first priority is at the moment is caring, which is very difficult at the moment due to my fathers dementia and his violence towards my mother who is disabled...

I just need to know how to write the letter so I get the time I need... what do I need to write?

Expert:  Ash replied 2 years ago.
http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n009-eng.pdf
Complete this and tick you intend to defend the claim.
It has a box for address to send documents.
Alex
Customer: replied 2 years ago.

I havent been served court papers yet... Ive only received a letter from solicitor advising court action will be taken unless I repond...

I have to write a letter of acknowledgement to the letter before claim to his solicitor

Expert:  Ash replied 2 years ago.
Ok - then just reply, give an address for service and say you want 14 days to respond.
Say that unless they agree, you will bring their conduct and the issue of costs to the attention of the Judge.
They will then allow this time to respond. Or 28 days if that is what you prefer.
Does that help?
Alex
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
Ash and 2 other Law Specialists are ready to help you
Customer: replied 2 years ago.

so simply write to them saying that I need 28 days respond in full and tell them where to send all future correspondence and service to... its that simple?

Expert:  Ash replied 2 years ago.
Yes if proceedings have not yet been issued.
Alex