nat west loan and court action

[brummie]

Re: nat west loan and court action

Yes thanks, Militant. I will gladly take up your suggestion. Put it this way, i am not prepared to roll over for them.

[brummie]

Re: nat west loan and court action

simple answer

they are hoping you do not respond to the claim and they get a judgement by default

they thought wrong.....

[miliitant]

Re: nat west loan and court action

i am doing a defence for another poster at the moment

give me a few days and ill draw up the papers for you

now the bad news

to do an application notice to the court will cost £80 unless on benefits. you will get that back when/if they throw in the towell

i am all in favour of using the application notice/ unless order as it puts the claimant on the back foot, you then claim costs as well i believe at £18.50 an hour LIP rate

so far i have done three of these against a debt collection agencies and been successful on each one

the other way is when we have to do the allocation questionaire we can do an unless order, but that gives them far to much time that way

[brummie]

Re: nat west loan and court action

Mnay thanks for the offer. I have a couple of aces that i have been saving, so will dig them out and p.m. them to you. It may well prove helpfull....

[miliitant]

Re: nat west loan and court action

it all helps

[Bill-K]

Re: nat west loan and court action

Looks like you guys have got some good stuff cooking. Power to ya !

[Nic]

Re: nat west loan and court action

Sending all my best wishes

[miliitant]

Re: nat west loan and court action




On a separatepiece of paper :-


Claim No: xxxxxx

Draft Order

1 Unless by 4:00pm on (date) the Claimant complies with a request made by theDefendant on (date) pursuant to CPR 31.14 by the provision to the Defendant ofdocuments mentioned in the Particulars of Claim, namely [1] the agreement [2]the default notice and [3] the deed of assignment
the claim shall stand struck out and the Defendant shall be at liberty to enterjudgment against the Claimant without further order of the court, and
[ii] the Claimant shall pay the Defendant her costs of this case to be assessedon the standard basis and pursuant to the provisions of The Litigants in Person(Costs and Expenses) Act 1975.

[i]2 In the event that the Claimant shall comply with this order,
[i] the Defendant shall file and serve a Defence by 4:00pm on (date) 28 daysfrom date of application and
[ii] the Claimant shall pay the Defendant his/her costs of this application

THE DATE YOU INSERT ON THIS IS 14 DAYS AFTER YOU SIGN AND DATE THE N244 APPLICATION IN THIS CASE PUT (12 OCTOBER 2012)

Unless by 4:00pm on (date)

now when you write this out again on the N244 application, delete the bit about the defendant FAILURE to agree to an extension of time as to CPR 15.5. and failing to respond IN BOX 10 OF THE N244 FORM

INSERT

THE DEFENDANT AGREES TO THE CLAIMANTS EXTENSION OF TIME TO SUPPLY THE REQUESTED DOCUMENTS AS TO CPR 15.5 BY THE 12/10/12

ALSO IN THIS BUNDLE ENCLOSE A LETTER TO THE COURT IN YOUR OWN HAND AGREEING TO THE EXTENSION OF TIME TO FILE A DEFENCE AS TO CPR 15.5, ENCLOSE A COPY OF THE SOLICITORS LETTERS AND SEND THE WHOLE LOT TO THE COURT BY SPECIAL DELIVERY WITH THE £80. ITS BEST IF YOU CAN TAKE THE LOT TO YOUR L;OCAL COURT YOPURSELF.
THEN SEND AN EMAIL TO THE SOLICITORS JUST STATING YOU AGREE AN EXTENSION OF TIME UNTIL 12 OCTOBER

SORRY

ON POINT 5 OF THE N244 APPLICATION, TAKE OUT WITHOUT A HEARING AND PUT IN WITH A HEARING


COMMENTS PLEASE PEOPLE

[brummie]

Re: nat west loan and court action

Thanks Militant.

I will start it tonight. I will try to take it to my local magistrates tommorow. I cannot email it to the solicitors as they are bouncing emails back, but will post recorded and they will have it on monday morning.

[miliitant]

Re: nat west loan and court action

this goes to the county court not magistrates

i would not bother sending a copy to the solicitors, they have given you no slack so return the complement

the court will send on the application to the solicitors (make their day and waste a few more days in trying to get the documents)


just make sure the county court gets it

remember to do the alterations and fill in the dates

[brummie]

Re: nat west loan and court action

Magistrates was a slip of the tongue, sorry. If it is filled at the county court tommorow that's exactly 14 days till the 12th....so it will take the courts a couple of days to get it up to the solicitors in Bham by post, i presume? And their request date of 12th oct has been accepted by me, leaving them about 7 or 8 days to get it together....( unless they have already started)
Sounds good to me. Hopefully they get the right hump with it.....

[miliitant]

Re: nat west loan and court action

Hopefully they get the right hump with it

they will not be expcting it, thats for sure

[brummie]

Re: nat west loan and court action

what about this one? if it needs to go then please delete.....deleted.

[brummie]

Re: nat west loan and court action

N244 attachments. deleted.

[miliitant]

Re: nat west loan and court action

sorry

nothing