Advice please - court claim received

[flinko]

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

No, didn't state that exactly, wasn't sure if I would now have to contact the claimant in the 1st instance. The woman asked what I was wanting and I said that everything was laid out in my CPR letter with timeframes etc

Will call them back and say I will need a response in 48 hours (from them or their client) or I will submit a N244 as you said.
Do I need to record the conversation? I suppose I do otherwise there'd be no point in having to call them, just email would suffice?

[Celestine]

Re: Advice please - court claim received

Call them and follow up with an email or letter sent 1st class confirming content of phone call, so you can prove to Judge you gave them fair notice.

They shouldn't have initiated a claim without full documentation to hand. How are you to defend said claim without these documents? Yet your defence timescales are not being extended........

[flinko]

Re: Advice please - court claim received

thanks folks, done and done. The claim handler was friendly but tried to brush me off a little - saying that all they could do was pass on a message etc but I told them what I needed to

Also Sent email basically saying:
as per telephone conversation etc I sent a CPR 31.14 request, received by yourselves on the 16th November, outlining that a response to the request was required within 7 days. As this has now elapsed, could you please inform your client, the claimant "Britannica Recoveries S.A.R.L.", that if I do not receive the information requested in the CPR 31.14 request by close of business on Wedsnesday 28th November then I will be sumbitting a N244 application for strike out with full costs.

Just sit it out again for 2 days and see what transpires I guess?

[Celestine]

Re: Advice please - court claim received

Want to start preparing your N244??

[miliitant]

Re: Advice please - court claim received

IME ON IT AS WE SPEAK

flinko

are you on benefits, if not, do you have £80 spare which you will get back with costs

[flinko]

Re: Advice please - court claim received

IME ON IT AS WE SPEAK

flinko

are you on benefits, if not, do you have £80 spare which you will get back with costs

Not on benefits and can raise 80, what do I need to do?

[miliitant]

Re: Advice please - court claim received

i will have the paperwork ready by tomorrow

if no response just take them to your local county court, they will pass them on to northampton for you,

[flinko]

Re: Advice please - court claim received

ok, what's the £80 for and how can I compensate you for your time?

[Celestine]

Re: Advice please - court claim received

The £80 is your court application fee cost.

Legal Beagles does not charge for the advice given even if someone is kind enough to write letters on your behalf.
Donations are of course always welcome. :beagle:

[Celestine]

Re: Advice please - court claim received

Where are you in the country by the way. If the Judge decides to call a hearing to decide the strike out, you may have to address the Court. How do you feel about that?

Often though, the Judge can and will strike out without calling a hearing because the facts speak clearly enough.

[flinko]

Re: Advice please - court claim received

The £80 is your court application fee cost.

Legal Beagles does not charge for the advice given even if someone is kind enough to write letters on your behalf.
Donations are of course always welcome. :beagle:

I will donate for sure once it's all over, the advice has been fantastic

Where are you in the country by the way. If the Judge decides to call a hearing to decide the strike out, you may have to address the Court. How do you feel about that?

Often though, the Judge can and will strike out without calling a hearing because the facts speak clearly enough.

I am in South Wales, I think ill be ok about appearing in court as long as I am confident enough with what I have - only concern would be if it's in doubt or I could be sidelined by something unbeknown

[Celestine]

Re: Advice please - court claim received

Well if they haven't supplied any proof of their claim, it should be very straightforward. I think they were hoping for a default Judgment from someone too intimidated to fight them or ask any questions.

[miliitant]

Re: Advice please - court claim received

i have said this before any celestine will agree with me

we do not charge a fee for the advice we give. most of us have been through the mill so to speak and give advice by experience of the process involved. we all have a natural distrust of debt collection agencies in the way they twist the law and use underhand tacticts when people are in most need of help.

all i ask for is a donation to the site to pay for things such as web hosting fees etc so the site can continue to help others

i do not care if its £1.00 or a million, every little helps

[miliitant]

Re: Advice please - court claim received

i have ulterior motive though

i am doing a law degree, i learn on the forum, less study time, more fun times

[flinko]

Re: Advice please - court claim received

Had an email reply saying that they confirm that their client is dealing with the matter internally and that they have been notified of my request for a response before close of business tomorrow.