Advice please - court claim received

[alham]

Re: Advice please - court claim received

If you are filing an acknowledgement you might as well file it now as there is nothing to be gained by delay. Remember, your defence HAS to be filed within 28 CALENDAR days of the service date.

[flinko]

Re: Advice please - court claim received

Thanks alham, although that is different to the advice above?

Its day 14 today (from date of issue) so I just wanted to make sure I am not going past the deadline waiting after today?
Was hoping to get a reply from Shoosmith before the AoS has to be in so I can decide whether to proceed with a defence (if they cannot comply with the CPR) or not (if they comply and send all documentation I asked for and all is correct etc)

bit confused, not sure what to do now

[flinko]

Re: Advice please - court claim received

Have filed the acknowledgment now in case.

Will post when I have any development, thanks all for the assistance so far!

[alham]

Re: Advice please - court claim received

Have filed the acknowledgment now in case.

Will post when I have any development, thanks all for the assistance so far!

Sorry, I thought I read the whole of thread, should connect my eyes and brains together, my apologies - I thought you were filing by post where it is important to make sure that AS is received by the court in by the due date. Nicolai and militant's advice are totally solid.

[flinko]

Re: Advice please - court claim received

Sorry, I thought I read the whole of thread, should connect my eyes and brains together, my apologies - I thought you were filing by post where it is important to make sure that AS is received by the court in by the due date. Nicolai and militant's advice are totally solid.

oh well, i've filed it now as I wasnt sure and didn't want to cock up my having misunderstood

[flinko]

Re: Advice please - court claim received

Today is a week after they signed for my CPR letter - If I don't get anything from them today then what is my next step please?

[alham]

Re: Advice please - court claim received

I think they have 28 days to respond.

[miliitant]

Re: Advice please - court claim received

i believe its is 7 days for cpr 31.14 unless an extension has been agreed as to cpr 15.5

stand to be corrected though

[flinko]

Re: Advice please - court claim received

I think they have 28 days to respond.

Eh? But the CPR letter states 7 days, and my defence has to be in within another 14 days doesn't it, barring no request for extension.

[flinko]

Re: Advice please - court claim received

i believe its is 7 days for cpr 31.14 unless an extension has been agreed as to cpr 15.5

stand to be corrected though

That's what I think, but what should I do now the seven days have elapsed?

[miliitant]

Re: Advice please - court claim received

give the claimant or solicitor handling the claim a call and ask for the claims handler and ask when they are going to comply with your cpr 31.14 request, if they brush you off state you will be doing an n244 application order to strike out the claim in 48 hours and claim full costs as well

follow up with the request by email, we need a paper trail

let me know the response

[flinko]

Re: Advice please - court claim received

give the claimant or solicitor handling the claim a call and ask for the claims handler and ask when they are going to comply with your cpr 31.14 request, if they brush you off state you will be doing an n244 application order to strike out the claim in 48 hours and claim full costs as well

follow up with the request by email, we need a paper trail

let me know the response

N244 is a request to strike off the claim?

[miliitant]

Re: Advice please - court claim received

yes, correct

[flinko]

Re: Advice please - court claim received

Ok, Called Shoosmith and they said that they had received the CPR letter but had forwarded on to their client to action (the claimant) - the "negotiation team" person didn't have a timeframe for a reply, only that it had been forwarded.

Should I now go ahead with N244 or contact Britannica recoveries (Shoosmith would not divulge any contact details with it being their client etc) but their address is on the claim form as the claimants.

[miliitant]

Re: Advice please - court claim received

did you give them 48 hours to comply or you will be submitting the n244 application for strike out with full costs on the phone

if not

phone them and do it now

tell them you require the information requested in your cpr 31.14 request by close of business on wednesday 28th november

speak to the claims handler, and follow up the request by email after you have spoken to the claims handler