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  1. #26
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    Default 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.

  2. #27
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    Default 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
    “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

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  3. #28
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    Default 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
    “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 advice I provide is given without liability, if you are unsure please seek professional legal guidance.

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  4. #29
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    Default Re: Proof of identity

    Quote 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?

  5. #30
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    Default 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.
    “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 advice I provide is given without liability, if you are unsure please seek professional legal guidance.

    Find Solicitors and Legal Services Providers offering fixed fees on our sister site - LBcompare.co.uk

  6. #31
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    Default Re: Proof of identity

    Hello,
    CCA request sent on 20th of January . CPR requests I received the letters I posted on here.
    Claim is for a Vanquis credit card , claim is for £2100. The problem that I have is addressed to me middle name only , which I never used in my life , it is on my passport , bank, id card but never identified myself with my middle name.

    - - - Updated - - -

    Should I send the unless order instead of a defence?

  7. #32
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    Default Re: Proof of identity

    Quote Originally Posted by Amethyst View Post
    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.
    I have sent my unless order today and received an email from the court saying that my application has been referred to a District judge. My defence is due on Wed the 17th, do I still need to file it or I need to wait for the Court order?

    Thank you,

  8. #33
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    Default Re: Proof of identity

    Submitted my defense as well today via email. When I went onto the MCOL account to see if anything changed the message I get is this:

    Available options


    A bar has been put in place on this claim. You cannot respond to the claim at this time.

    I tend to believe is something to do with the order application I made yesterday but it looks like I could not have send my defense online which is was due by tomorrow . I hope they will consider my email defense , I should phone the court tomorrow just to double check.

  9. #34
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    Default Re: Proof of identity

    @Amethyst

    I think the email defence should have been OK as long as it was in time?

  10. #35
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    Default Re: Proof of identity

    The bar may well have been put in place BECAUSE you have submitted your defence. Ie. the bar stops the other side filing for a default judgment.

    But yes, best to get it from the horses mouth so give them a buzz tmw or email them.
    “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 advice I provide is given without liability, if you are unsure please seek professional legal guidance.

    Find Solicitors and Legal Services Providers offering fixed fees on our sister site - LBcompare.co.uk

  11. #36
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    Default Re: Proof of identity

    I am very pleased to say, that the claim against me was struck out on Friday the 26th.
    Thank you again for all your help 👍

  12. #37
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    Default Re: Proof of identity

    Great news icrina Well done, and thank you for continuing to help others across the forum in similar positions xxxxx
    “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 advice I provide is given without liability, if you are unsure please seek professional legal guidance.

    Find Solicitors and Legal Services Providers offering fixed fees on our sister site - LBcompare.co.uk

  13. #38
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    Default Re: Proof of identity

    Quote Originally Posted by icrina53 View Post
    I am very pleased to say, that the claim against me was struck out on Friday the 26th.
    Thank you again for all your help 

    Good afternoon Icrina. Responding to your PM.
    Very good news well done!!
    Have you had the written order from the court yet?

    nem
    The Advice I Give and Draft Letters Provided Are Drawn From Personal Experience and Career Training And Are Given Freely And Without Liability.
    Please make your own decisions with care and if necessary seek qualified legal advice.
    I Prefer Not to Advise by Private Message If Specific Advice is Needed I will Respond on the open forum. If you are contacted (cold called) by anyone offering advice for a fee please report it to the site team. Animo et Fide





  14. #39
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    Default Re: Proof of identity

    Nothing , it was a bit of surprise as it took only 14 days since I submitted my order and it was struck out already .

  15. #40
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    Default Re: Proof of identity

    There was a turn of events at the weekend , unfortunately
    After the claim was struck our in February, over the weekend I have received a letter from the solicitors and they've enclosed a Digital signature application ,Notice of Default and Notice of assignment copies. The solicitors are giving me the option to come to an agreement with Lowell instead of challenging the strike out action. If I do not get in contact with them in the next 14 days they will re-issue a court claim.
    I am a but stuck AGAIN so any advise will be welcomed!

  16. #41
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    Default Re: Proof of identity

    @nemisis45

  17. #42
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    Default Re: Proof of identity

    I'm actually trying to find some posts where the solicitors have provided the documents but cannot find anything , if you know of any can you send me the links please!

  18. #43
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    Default Re: Proof of identity

    Quote Originally Posted by icrina53 View Post
    There was a turn of events at the weekend , unfortunately
    After the claim was struck our in February, over the weekend I have received a letter from the solicitors and they've enclosed a Digital signature application ,Notice of Default and Notice of assignment copies. The solicitors are giving me the option to come to an agreement with Lowell instead of challenging the strike out action. If I do not get in contact with them in the next 14 days they will re-issue a court claim.
    I am a but stuck AGAIN so any advise will be welcomed!
    Hello Icrina, all is not lost please post copies of what you have received it may well not be all it's put up to be.

    nem
    The Advice I Give and Draft Letters Provided Are Drawn From Personal Experience and Career Training And Are Given Freely And Without Liability.
    Please make your own decisions with care and if necessary seek qualified legal advice.
    I Prefer Not to Advise by Private Message If Specific Advice is Needed I will Respond on the open forum. If you are contacted (cold called) by anyone offering advice for a fee please report it to the site team. Animo et Fide





  19. #44
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    Default Re: Proof of identity

    This is the letter from the solicitors

    - - - Updated - - -

    Copy of notice of default

    - - - Updated - - -

    sorry there is the notice of default

    - - - Updated - - -

    notice of assignment

    - - - Updated - - -

    another one
    Attached Images Attached Images

  20. #45
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    Default Re: Proof of identity

    I presume the solicitors made a request for documents in my name.

    - - - Updated - - -

    another one
    Attached Images Attached Images

  21. #46
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    Default Re: Proof of identity

    Ok Icrina,

    Where's the agreement?
    What is the issue date on the default notice?

    nem
    The Advice I Give and Draft Letters Provided Are Drawn From Personal Experience and Career Training And Are Given Freely And Without Liability.
    Please make your own decisions with care and if necessary seek qualified legal advice.
    I Prefer Not to Advise by Private Message If Specific Advice is Needed I will Respond on the open forum. If you are contacted (cold called) by anyone offering advice for a fee please report it to the site team. Animo et Fide





  22. #47
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    Default Re: Proof of identity

    they would have to apply to the court for permission to bring the claim again, they have been sanctioned by being struck out, it is unlikely the court will allow a second bite of the cherry - particularly as they have still failed to comply with the CCA 1974 and supply you with a copy of the agreement - it matters not that you opened the account online - they are obliged to send a copy of the agreement, the terms you agreed to at the point you opened the account and the terms as varied before the account defaulted.
    Digital signature application
    The letter from the solicitors does state at point 1 that the copy agreement with digital sig is attached - but it isnt? - just the letter from Vanquis which states they won't give it to you?
    “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 advice I provide is given without liability, if you are unsure please seek professional legal guidance.

    Find Solicitors and Legal Services Providers offering fixed fees on our sister site - LBcompare.co.uk

  23. #48
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    Default Re: Proof of identity

    There is no agreement, they sent me a screen shot of what they say is the application online but I cannot uploaded as I dont have the tools to edit my name etc. It contains my name and address and my place of work , that is it. The default date on the notice is 21st of Feb 2013.

  24. #49
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    Default Re: Proof of identity

    Quote Originally Posted by icrina53 View Post
    There is no agreement, they sent me a screen shot of what they say is the application online but I cannot uploaded as I dont have the tools to edit my name etc. It contains my name and address and my place of work , that is it. The default date on the notice is 21st of Feb 2013.
    email it to me as an attachment ... I'll redact and post up xx
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  25. #50
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    Default Re: Proof of identity

    Quote Originally Posted by icrina53 View Post
    There is no agreement, they sent me a screen shot of what they say is the application online but I cannot uploaded as I dont have the tools to edit my name etc. It contains my name and address and my place of work , that is it. The default date on the notice is 21st of Feb 2013.
    I'm sure either @Amethyst or @Kati would accept the agreement by e-mail and redact it for you prior to posting.

    Can you clarify the date of issue on the DN please.

    nem

    - - - Updated - - -

    Quote Originally Posted by Kati View Post
    email it to me as an attachment ... I'll redact and post up xx
    Beat me to it. Thanks Kati nemxx
    The Advice I Give and Draft Letters Provided Are Drawn From Personal Experience and Career Training And Are Given Freely And Without Liability.
    Please make your own decisions with care and if necessary seek qualified legal advice.
    I Prefer Not to Advise by Private Message If Specific Advice is Needed I will Respond on the open forum. If you are contacted (cold called) by anyone offering advice for a fee please report it to the site team. Animo et Fide





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