What next?

[TeeDog]

Hi there,

I received a claim almost 2 weeks ago, acknowledged it online so i have the 28 days and sent off the 2 letters asking for the original credit agreement. I have had a response from the claimant (so far ignored by their solicitors) saying they do not have it but are requesting it from the original creditor (HSBC). This seems like the kind of request that will take well outside the 28 days I have to put in a defence (although they haven't provided me with a time frame). Does anyone have an advice on what I should do right now?

[MIKE770]

all you state if true in a defence is:- on such a date I requested CCA along with £1.00 postal order but to date not received a true copy then if you requested under CPR31.14 request as per all mentioned in the N1 court form = you state again on such a date request recorded delivery but to date no response afforded - do not chase solicitors everything as per court orders from now on ,, NOTE:- put your defence in a day or so before deadline as not to allow them time to trash your defence

CCA Request
CPR 31.14 Request

[TeeDog]

Brilliant thank you!

[TeeDog]

Hi again, Sorry. Just to be clear, The request to the solicitrors ( both letters were the drafts provided from the site). I did not send this one recorded. Should i send another recorded? I have proof the claimants request was received as they have replied. (Also within their reply they state i should not be communicating with them but with their solicitors (who they would be forwarding my correspondence to). Thank you.

[MIKE770]

if you have a response keep that attached to your original copy request the solicitors are the people now, in fact just follow court instructions, any solicitors correspondence get on here and let us know, as they have mis-information to trick you at times!

[TeeDog]

I have just received the attached letter from the solicitor ( I have also received a letter from the claimant admitting they do not have the original agreement but intend to ask the original company they bought the debt from). My defense is due this weekend. I feel as though this letter is trying to mislead me into not placing a defense at all under the vaguely worded "extension" agreement sentence. Does anyone have any thoughts or advice, should I just be placing my defense that the documents were requested by myself and not supplied? Many thanks for any advice in advance.

[Amethyst]

They have ( for once ) actually been specific regarding the extension under CPR 15.5 so you can rely on that, and change the date in your diary for the final date to file your defence to add on 28 days

What you do need to do is inform the court. See https://legalbeagles.info/forums/for...filing-defence . The current email address for Northampton CCBC is ccbc@justice.gov.uk

[TeeDog]

Okay. Thank you. What I feel is unclear is when the 28 days extension runs from. "from receipt of the documents" seems vague.Â*When they say receipt of the documents do they mean the agreement I have requested? Or by receipt of documents do they mean the extension runs from when they received my letter? If they mean the agreement then do they mean when they receive they the documents or from when I receive the documents?Â* I hope this makes sense! Thank you!

[Amethyst]

28 days from original defence date - that is the maximum allowed xxx

[TeeDog]

Thank you so much!

[TeeDog]

As per the advice above I requested the original agreement documents which I didn't receive so I provided my defense that I have no recollection of the debt and have not been provided with the agreement documents. The court acknowledged receipt and said the claimant has 28 days in which to let them know whether they wish to proceed with the claim. The deadline for this 28 days was the middle of January. I have heard nothing from the court since and the online Moneyclaim website shows nothing since I submitted my defense.*

I have received a letter requesting the balance from the claimant (not the solicitors) this week ( Including the filing and solicitors fees) but no mention of the case.*
Should I be doing anything? Many thanks in advance!