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Proof of identity

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  • #16
    Re: Proof of identity

    I joust found out that the solicitors has done a search on my credit report . Is this allowed? I thought that any company has to have permission to do that . Is that correct or I am in the wrong here?

    Comment


    • #17
      Re: Proof of identity

      That's a weird request that I haven't heard before, and although usually I'd say just sign the letter, this isn't that, a 'specimen' signature ? They have no entitlement to ask for that at all. They must have some concerns over your ID.

      Roughly.


      Dear Ms Child

      REF: County Court Claim XXXXX

      Thank you for your letter. I am concerned that you are requesting a specimen signature from me. You have brought court proceedings against me for an alleged debt and I am entitled to inspect the documents on which you are relying in that claim.

      I am also concerned that despite requesting a specimen signature to compare against the alleged credit agreement, when you do not appear to have had sight of the credit agreement and do not expect to have it within the next 45 days. I'm quite sure that any checks as to my identity should have been undertaken before court action.

      With respect your clients have chosen to take legal action against me, and by doing so have set the timescales. If you are uncertain that you have brought your claim against the correct person then I would respectfully suggest that your clients consider discontinuing the claim.

      Otherwise I shall be filing and serving my defence according to the civil procedure rules, and will be asking the court that your client provide the documents on which they intend to rely.

      Regards

      same squiggle as before

      YOUR NAME
      Common Sense .... if in doubt, use it !

      “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

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

      Find Solicitors offering fixed fees on our sister site - JustBeagle.com

      Comment


      • #18
        Re: Proof of identity

        Originally posted by icrina53 View Post
        I joust found out that the solicitors has done a search on my credit report . Is this allowed? I thought that any company has to have permission to do that . Is that correct or I am in the wrong here?
        They are trying to figure out your identity by the sounds of it. [MENTION=1508]Nibbler[/MENTION] will know better than I, but guessing wise the original agreement gives permission for the creditor to report/search credit file, so that right passes over to assigned owner of debt and solicitors acting on their behalf ...
        Common Sense .... if in doubt, use it !

        “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

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

        Find Solicitors offering fixed fees on our sister site - JustBeagle.com

        Comment


        • #19
          Re: Proof of identity

          Basically, yes. It's a search that only you can see anyway, so annoying, but not a huge deal.

          Comment


          • #20
            Re: Proof of identity

            Many thanks for that , I will send it today .

            Comment


            • #21
              Re: Proof of identity

              reply received:

              Last edited by Kati; 10th February 2016, 17:43:PM.
              Debt is like any other trap, easy enough to get into, but hard enough to get out of.

              It doesn't matter where your journey begins, so long as you begin it...

              recte agens confido

              ~~~~~

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

              I can be emailed if you need my help loading pictures/documents to your thread. My email address is kati@legalbeagles.info
              But please include a link to your thread so I know who you are.

              Specialist advice can be sought via our sister site JustBeagle

              Comment


              • #22
                Re: Proof of identity

                Originally posted by Kati View Post
                reply received:

                Is it just me - all I can see attached is a wee green box.

                (Has Kati been on the gin again?)

                :tinysmile_hmm_t2:
                CAVEAT LECTOR

                This is only my opinion - "
                Opinions are made to be changed --or how is truth to be got at?" (Byron)

                You and I do not see things as they are. We see things as we are.
                Cohen, Herb

                There is danger when a man throws his tongue into high gear before he
                gets his brain a-going.
                Phelps, C. C.

                "They couldn't hit an elephant at this distance!"
                The last words of John Sedgwick

                Comment


                • #23
                  Re: Proof of identity

                  Originally posted by charitynjw View Post
                  Is it just me - all I can see attached is a wee green box.

                  (Has Kati been on the gin again?)

                  :tinysmile_hmm_t2:
                  must be just you :lol:

                  (have YOU been on the Gin??)

                  Try this instead xx

                  Attached Files
                  Debt is like any other trap, easy enough to get into, but hard enough to get out of.

                  It doesn't matter where your journey begins, so long as you begin it...

                  recte agens confido

                  ~~~~~

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

                  I can be emailed if you need my help loading pictures/documents to your thread. My email address is kati@legalbeagles.info
                  But please include a link to your thread so I know who you are.

                  Specialist advice can be sought via our sister site JustBeagle

                  Comment


                  • #24
                    Re: Proof of identity

                    Thank you Kati for uploading the pic .
                    Now I am going to phone the Court to double check if they've been notified about the 45 days extension . If they didn't what do I do? i send them a copy of the letter?
                    If they did I suppose I need to wait for the documents ?

                    Comment


                    • #25
                      Re: Proof of identity

                      You should notify the court, along with a copy of the letter.

                      Afaik, the 'normal' extension time is 28 days.

                      They might be trying to trick you - go by the court's timetable, not theirs.
                      CAVEAT LECTOR

                      This is only my opinion - "
                      Opinions are made to be changed --or how is truth to be got at?" (Byron)

                      You and I do not see things as they are. We see things as we are.
                      Cohen, Herb

                      There is danger when a man throws his tongue into high gear before he
                      gets his brain a-going.
                      Phelps, C. C.

                      "They couldn't hit an elephant at this distance!"
                      The last words of John Sedgwick

                      Comment


                      • #26
                        Re: Proof of identity

                        I just phoned the court and they confirmed that no notice of 45 days extension was given to them by the solicitors so they're trying to sneak behind my back and hoping I will miss my defence day so they can take a ccj against me.
                        I am not sure if correct but the court informed me that is down to the solicitors to inform the court about the extension and not me. Also , I've been told that when I sent the letter I received with the extension offer , it will just be added to the file and nothing else , so I need to stick to filing my defence as per original date, 33days from the date on the court claim.
                        So it seems that the extensions don't make any difference at all.

                        Comment


                        • #27
                          Re: Proof of identity

                          The court staff are not very good. Sadly. and annoyingly.

                          The Extension can only be a maximum of 28 days, and it is agreed between the parties - the court don't get involved unless the agreement between the parties is breached ( ie they claim default judgment while within the extension period)

                          It is laid out in the CPR - Part 15

                          Agreement extending the period for filing a defence

                          15.5

                          (1) The defendant and the claimant may agree that the period for filing a defence specified in rule 15.4 shall be extended by up to 28 days.

                          (2) Where the defendant and the claimant agree to extend the period for filing a defence, the defendant must notify the court in writing.




                          See http://legalbeagles.info/forums/show...filing-defence
                          Common Sense .... if in doubt, use it !

                          “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

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

                          Find Solicitors offering fixed fees on our sister site - JustBeagle.com

                          Comment


                          • #28
                            Re: Proof of identity

                            So ref this letter



                            This is not an agreed extension as under CPR 15.5

                            So I would respond to that letter, I'll draft something in a tic, and still put your DEFENCE in on time ( ie 33 days from date of issue ).


                            Dear Mr X
                            CLAIM REF: XXXXXX
                            XXXXXXXXXXXXXX v ICRINA53


                            Thank you for your letter regarding my request for documents that you intend to rely on in court in the above claim.

                            I have some concerns. I requested, in my original letter, that your client agree to an extension pursuant to Civil Procedure Rule 15.5 for the filing of my defence. This was for the benefit of your client, and I am under no obligation to offer or agree to an extension - it is purely requested in order your client has time to provide the relevant documents. It is not for my benefit.

                            Your client should have had copies of these documents in their possession before bringing the claim. They set the time scales when issuing the claim. It appears to be an abuse of process to bring a county court claim against me when your client doesn't appear to have had sight of the relevant documents.

                            The court have not, as of this morning 11th February 2015, been informed of any extension by yourselves. In any case the maximum extension available under CPR 15.5 is 28 days, and it should be myself, the Defendant, who informs the court. I find your letter very misleading. I will therefore file my defence in the original timescales set by the court and will be asking the court to order your client to produce the documents within a sensible timescale.

                            Should your client produce the relevant documents then I reserve the right to make an application to the court to amend my defence and I will ask that the costs of this are awarded against your client.

                            Kind regards


                            JUST SIGN THE LETTER !

                            Icrinia53
                            Common Sense .... if in doubt, use it !

                            “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

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

                            Find Solicitors offering fixed fees on our sister site - JustBeagle.com

                            Comment


                            • #29
                              Re: Proof of identity

                              Originally posted by Amethyst View Post
                              So ref this letter



                              This is not an agreed extension as under CPR 15.5

                              So I would respond to that letter, I'll draft something in a tic, and still put your DEFENCE in on time ( ie 33 days from date of issue ).
                              Thank you for your help.
                              I was planning in submitting my defence on time, along with an "unless order" and the N244 struck out if they cannot provide me the documents.

                              - - - Updated - - -

                              Should I still send a copy of this letter to the Court?

                              Comment


                              • #30
                                Re: Proof of identity

                                No no need to send it to the court. The Unless order would be instead of the Defence usually.... are you talking of the 31.14 request non compliance? Have you sent a CCA request ?

                                Okay back to basics a sec

                                How much is the claim for ?

                                What is it for ?

                                they have addressed it to you in the wrong name and aren't sure of your identity so when we do the defence that should be included.
                                Common Sense .... if in doubt, use it !

                                “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

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

                                Find Solicitors offering fixed fees on our sister site - JustBeagle.com

                                Comment

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                                SHORTCUTS

                                Pre-Action Letters
                                First Steps
                                Check your dates
                                Acknowledge a Claim
                                CCA Request Letter
                                CPR 31.14 Request Letter
                                Subject Access Request Letter
                                Example Defence
                                Set Aside Application



                                If you received a court claim and would like some help and support dealing with it, please read the first steps and make a new thread in the forum with as much information as you can.


                                NOTE: If you receive a court claim note these dates in your calendar ...
                                Acknowledge Claim - within 14 days from Service

                                Defend Claim - within 28 days from Service (IF you acknowledged in time)

                                If you fail to Acknowledge the claim you may have a default judgment awarded against you, likewise, if you fail to enter your defence within 28 days from Service.





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