DrysdenFairfax / Cabots

[FlamingParrot]

Re: DrysdenFairfax / Cabots

So I've sent a CPR and CCA request and received no reply - its been over 7 days now. I believe I need to chase up Drydens - cpuld a wise one give me an idea on how to phrase my chase up letter to them?

You could use this one as the basis: http://www.legalbeagles.info/forums/...385#post410385

As you have not received any reply, you may want to adapt it to read as below:

I refer my request for disclosure of documents mentioned in your statement of case under CPR 31.14 dated xx/xxxx/2105 to which I have not received any response.

I am unable to lodge my defence at this moment as I have no information regarding the alleged debt. If you require more time in which to comply with this request you must tell me in writing and state a date by when you will comply with this request. In addition I require a statement that you agree to an extension of the time for me to file my defence. Your extension of time must be not less than 14 days from the date when you say you will have complied with my request and you must state the new date for filing my defence.

If you are unwilling to comply with my request for specific disclosure please inform me and I will consider entering an application to the court to obtain such.

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

I look forward to hearing from you within the next 7 days.

[Chattyone]

Re: DrysdenFairfax / Cabots

This is what I’ve hobbled together so far – from gleaning info from your forum:

Dear Sir / Madam
Re: xxxxx v xxxxx - CLAIM No: xxxxx

On XX September 2015 I received a County Court claim from yourselves, of which I have acknowledged receipt indicating my intention to defend in full.

On 30^th September 2015 I sent a letter to yourselves in accordance with CPR 31.15 and I am awaiting your reply.
I am unable to lodge my defence and/or counterclaim at this moment as I have no information regarding the alleged debt. If you require more time in which to comply with this request you must tell me in writing and state a date by when you will comply with this request. In addition I require a written statement that you agree to an extension of 28 days to the date for filing my defence as allowed under CPR 15.5.

If you are unwilling to comply with my request for specific disclosure please inform me and I will consider entering an application to the court to obtain such.
I look forward to hearing from you within the next 7 days.

Yours sincerely
Chattyone

Is there anything else I should add to this letter AND
I’m concerned now because waiting another 7 days takes me up to my 28 days AOS. I take it I also need to notify the court of what’s happening?

[Chattyone]

Re: DrysdenFairfax / Cabots

You could use this one as the basis: http://www.legalbeagles.info/forums/...385#post410385

As you have not received any reply, you may want to adapt it to read as below:

Thanks Flaming Parrot I must have posted the same time as you - will amend accourdingly.

I’m concerned now because waiting another 7 days takes me up to my 28 days AOS. I take it I also need to notify the court of what’s happening?

[FlamingParrot]

Re: DrysdenFairfax / Cabots

This is what I’ve hobbled together so far – from gleaning info from your forum:

Dear Sir / Madam
Re: xxxxx v xxxxx - CLAIM No: xxxxx

On XX September 2015 I received a County Court claim from yourselves, of which I have acknowledged receipt indicating my intention to defend in full.

On 30^th September 2015 I sent a letter to yourselves in accordance with CPR 31.15 and I am awaiting your reply.
I am unable to lodge my defence and/or counterclaim at this moment as I have no information regarding the alleged debt. If you require more time in which to comply with this request you must tell me in writing and state a date by when you will comply with this request. In addition I require a written statement that you agree to an extension of 28 days to the date for filing my defence as allowed under CPR 15.5.

If you are unwilling to comply with my request for specific disclosure please inform me and I will consider entering an application to the court to obtain such.
I look forward to hearing from you within the next 7 days.

Yours sincerely
Chattyone

Remove "and/or counterclaim" and leave just "...my defence at this moment..."

Is there anything else I should add to this letter AND
I’m concerned now because waiting another 7 days takes me up to my 28 days AOS.

Your deadline is 33 days from date printed on the claim. You don't have to wait another 7 days. If time's short you can email the letter and chase up by phone, when you do you can also ask them to agree to a 28 day extension as allowed by CPR 15.5. This is the one exception to the general rule of always using recorded delivery post and never dealing with them over the phone. It often works and they agree to an extension, if not you just go on to mention their non-compliance in your defence. :thumb:

I take it I also need to notify the court of what’s happening?

Not at this point, as above, if they don't agree to an extension, you should just go ahead and file a defence before the 33 days are up, the generic one based around non-compliance with document requests.

[Chattyone]

Re: DrysdenFairfax / Cabots

Remove "and/or counterclaim" and leave just "...my defence at this moment..."

Your deadline is 33 days from date printed on the claim. You don't have to wait another 7 days. If time's short you can email the letter and chase up by phone, when you do you can also ask them to agree to a 28 day extension as allowed by CPR 15.5. This is the one exception to the general rule of always using recorded delivery post and never dealing with them over the phone. It often works and they agree to an extension, if not you just go on to mention their non-compliance in your defence. :thumb:

Not at this point, as above, if they don't agree to an extension, you should just go ahead and file a defence before the 33 days are up, the generic one based around non-compliance with document requests.

Much appreciated Flaming Parrot:thumb:

[FlamingParrot]

Re: DrysdenFairfax / Cabots

If Drydens do agree to an extension to file your defence after all this, you need to notify the court in writing (email should be OK). :typing:

[Chattyone]

Re: DrysdenFairfax / Cabots

If Drydens do agree to an extension to file your defence after all this, you need to notify the court in writing (email should be OK). :typing:

Cheers

[mystery1]

Re: DrysdenFairfax / Cabots



M1

[FlamingParrot]

Re: DrysdenFairfax / Cabots

What's that object? I can't make it out! I need my glasses! :lol: :lol: :lol:

It's just not big enough to see what it is.

[Berniethebolt]

Re: DrysdenFairfax / Cabots

Us oldies will recognise it as a telephone , for the kids amongst you, yes they really were that big

[Chattyone]

Re: DrysdenFairfax / Cabots

LOL message received - thanks guys

[Chattyone]

Re: DrysdenFairfax / Cabots

Well I called Drydens and they said initially that they cannot retrieve my files on their database because my complaint (see 1st thread) has been escalated to their compliance department and so he said he would get a Team Leader for me to talk to. Their customer service person went offline for some time (twice) and then returned (without Team Leader) and confirmed receipt of my CPR request letter. He says my complaint has been referred back to Cabots - and they are waiting to hear from them and so my case would not be going to court!

From reading these forums - as I understand it - if I don't put in a defence, or the court does not hear from me before my 33 days (19 Oct) - I get a CCJ by default. Of course I don't want this so I asked the lad to confirm in writing that they need more time to respond to my request and because of this they agree to an extension date (between 14 to 28 days) for filing my defence.

I'm getting a little frustrated because he did not seem to know what I was on about and would not let me speak to a Team Leader -even though I asked him twice. 'Cust. Service' man then said he would pass on my request to the Complaints department - and I should be expecting a letter of confirmation - but he couldn't say when (though would mark it as urgent).

I think I want to send that 'standard' chase up letter to the solicitors as back up because things seem pretty much in the air (and it's my word against theirs). What do I do now? More wise words please?

[mystery1]

Re: DrysdenFairfax / Cabots

It's not the team leader you want, it's the claims handler for your case.

All calls should be confirmed via email in case they are required for evidence.

Dear Muppet,

I spoke with Upstart1 this morning and would like to confirm the details of the call.

I said .................

Upstart1 said .................

The result of the call is .................

Should you disagree please inform me of any misunderstanding on my part.

M1

[Chattyone]

Re: DrysdenFairfax / Cabots

It's not the team leader you want, it's the claims handler for your case.

All calls should be confirmed via email in case they are required for evidence.

Dear Muppet,

I spoke with Upstart1 this morning and would like to confirm the details of the call.

I said .................

Upstart1 said .................

The result of the call is .................

Should you disagree please inform me of any misunderstanding on my part.

M1

Thanks Mystery1

[FlamingParrot]

Re: DrysdenFairfax / Cabots

Well I called Drydens and they said initially that they cannot retrieve my files on their database because my complaint (see 1st thread) has been escalated to their compliance department and so he said he would get a Team Leader for me to talk to. Their customer service person went offline for some time (twice) and then returned (without Team Leader) and confirmed receipt of my CPR request letter. He says my complaint has been referred back to Cabots - and they are waiting to hear from them and so my case would not be going to court!

From reading these forums - as I understand it - if I don't put in a defence, or the court does not hear from me before my 33 days (19 Oct) - I get a CCJ by default. Of course I don't want this so I asked the lad to confirm in writing that they need more time to respond to my request and because of this they agree to an extension date (between 14 to 28 days) for filing my defence.

If, after all that, they agree to an extension under CPR 15.5, YOU need to notify the court in writing. :typing:

Otherwise you should file your defence by the 19th.