CLAIM STRUCK OUT !!!! Need help with a court claim please

[mystery1]

Re: Need help with a court claim please

From about post 40 on http://www.legalbeagles.info/forums/...highlight=zhan should help you.

Also http://www.legalbeagles.info/forums/...ighlight=wally

M1

[MIKE770]

Re: Need help with a court claim please

Form N244

[mysticphoenix666]

Re: Need help with a court claim please

okay so i know roughly what an unless order is (the court states they have so many days to comply or else they are stopped from getting a ccj) i think.

But how exactly do i go about getting one?

Thanks for your continued help

[mystery1]

Re: Need help with a court claim please

They are quite entitled not to consent but it might bite them in costs for being unreasonable.

The extension doesn't give them any longer. Disclosure rules don't have an extension rule. The extension is found under "time to file a defence"

Yes an unless order is the way to proceed.

M1

[mysticphoenix666]

Re: Need help with a court claim please

Hi again,

So i received confirmation from the court regarding my extension and it has been noted on my file.

So i phoned MKDP today (gave them an extra couple of days) they have still not had the doc's from the original creditor, i requested consent to an unless order and was given the reply "why would i consent to something that would bind me" not sure what was meant by this.

Also they stated that with granting the extension that gave them a further 2 weeks (10 days left) to get the doc's to me leaving me 2 weeks to file my defence, i asked what made them think that the doc's would arrive in the next 10 days when they have not been able to fulfill my original requests in the last 5 weeks and the reply was "it is out of our hands, it is in the hands of the original creditor when they deliver them".

Correct me if i am wrong but once a creditor sells an account, they don't have anything else to do with it do they?

So it looks like my next move would be to apply to the court for an unless order, what would you suggest?

Thanks

[mystery1]

Re: Need help with a court claim please

If you're worried give the court a call.

M1

[mysticphoenix666]

Re: Need help with a court claim please

okay so i sent my email on the 25th regarding my extension, i received the auto response but i have not received anything to say they have granted the extension.

my worry is that my defence would of had to be in by the 1st which is sunday so really would need to be sent by tomorrow, where do i stand in regards to my defence and the extension. am i likely to get a judgememnt against me if they have nt dealt with the extension in time?

[mystery1]

Re: Need help with a court claim please

In accordance with cpr 15.5.

M1

[mysticphoenix666]

Re: Need help with a court claim please

okay thank you i will do so now. Is there anything i should say in my note or just that "i have agreed an extension with the claimant until the 28th December 2013. attached is a copy of their email confirming this"

[mystery1]

Re: Need help with a court claim please

So i phoned this morning and asked to speak to this Micheal person who apparently is the team leader. I advised of the situation that i wanted an extension as per CPR15.5 at first i didn't think i was going to get anywhere as he started off with the same as the others that they couldn't give a definate date due to not knowing when these doc's would reach them.

I again pointed out to them that for them to make a claim to the court and t sign the statement of truth that they are stating that they have seen the mentioned doc's he replied that they don't have to have seen them just that they know they will be relying on those particular doc's if it goes to trial. I pointed out that this could be seen as contempt of court by stating doc's which they haven't seen and that there would be no doubt this would go to trial as i intended to defend completely due to a dispute with the original creditor.

He wanted to know the nature of the initial dispute as he said they would prefer to resolve the situation without wasting the courts time and i just said i had had a dispute with them regarding payments and ppi and that i would not divulge anything further until court (hope this doesn't matter that it was said).

eventually after about 3 hours the following email arrived, is it sufficient for the court?


Further to your telephone conversation with our office today.

We consent to an extension in time, for you to file your defence, by 28 days up to 28 December 2013.

If you have any further questions in this regard, please contact the legal department on 0800 0192816.

Yours sincerely
Nicola
Keynes Collections
Email;- legal @compellogroup.co.uk
Tel;- 0800 019 2816
Fleming House
Seebeck Place
Knowlhill
Milton Keynes
MK5 8FR

Perfect. It is now up to you to let the court know. Forward that email and add a note to it from yourself.

I would keep asking every 2/3 days when you'll get the disclosure and in about 8/9 days i'd file an application for an unless order.

M1

[mysticphoenix666]

Re: Need help with a court claim please

So i phoned this morning and asked to speak to this Micheal person who apparently is the team leader. I advised of the situation that i wanted an extension as per CPR15.5 at first i didn't think i was going to get anywhere as he started off with the same as the others that they couldn't give a definate date due to not knowing when these doc's would reach them.

I again pointed out to them that for them to make a claim to the court and t sign the statement of truth that they are stating that they have seen the mentioned doc's he replied that they don't have to have seen them just that they know they will be relying on those particular doc's if it goes to trial. I pointed out that this could be seen as contempt of court by stating doc's which they haven't seen and that there would be no doubt this would go to trial as i intended to defend completely due to a dispute with the original creditor.

He wanted to know the nature of the initial dispute as he said they would prefer to resolve the situation without wasting the courts time and i just said i had had a dispute with them regarding payments and ppi and that i would not divulge anything further until court (hope this doesn't matter that it was said).

eventually after about 3 hours the following email arrived, is it sufficient for the court?


Further to your telephone conversation with our office today.

We consent to an extension in time, for you to file your defence, by 28 days up to 28 December 2013.

If you have any further questions in this regard, please contact the legal department on 0800 0192816.

Yours sincerely
Nicola
Keynes Collections
Email;- legal @compellogroup.co.uk
Tel;- 0800 019 2816
Fleming House
Seebeck Place
Knowlhill
Milton Keynes
MK5 8FR

[mystery1]

Re: Need help with a court claim please

Thanks for that M1, i know it won't be the person who has signed the form as i was told in last call to them that the person in question is the CEO and they would be unable to discuss this matter themselves as they are too busy. The person i will be speaking to is the Manager in charge of the department who apparently should be able to sort out the extension.

So question 2 will not be applicable.

The last call i had with them she stated that the call was being recorded on the other 2 it was only stated that it may be recorded. I did on the last call as on the call earlier today state that i was only going to allow them until friday to comply with my requests for the relevant doc's under CCA and CPR before i requested the unless order from the court.

Not sure if the fact that i wont be speaking to the signee makes any difference.

Just alter it so that you are asking if the ceo did etc.

Do not give them until friday. They have told you no anyway but Friday would appear to be the last day to file a defence unless an extension is granted. Friday is fine for disclosure compliance IF you have managed to agree an extension of time to file your defence.

M1

[mysticphoenix666]

Re: Need help with a court claim please

Thanks for that M1, i know it won't be the person who has signed the form as i was told in last call to them that the person in question is the CEO and they would be unable to discuss this matter themselves as they are too busy. The person i will be speaking to is the Manager in charge of the department who apparently should be able to sort out the extension.

So question 2 will not be applicable.

The last call i had with them she stated that the call was being recorded on the other 2 it was only stated that it may be recorded. I did on the last call as on the call earlier today state that i was only going to allow them until friday to comply with my requests for the relevant doc's under CCA and CPR before i requested the unless order from the court.

Not sure if the fact that i wont be speaking to the signee makes any difference.

[mystery1]

Re: Need help with a court claim please

If you are speaking to the person who "signed" (whose name appears on) the claim form.

1. Will you agree to an extension until 16:00 on Friday 27th December 2013 for me to file my defence. If yes then ask again when they will comply with disclosure. Give them 4/5 days only. If no see 2.

2. Did you see the agreement, default notice etc before preparing the statement of case upon which you signed a statement of truth ? If yes, ask why it's a problem to supply them to you ? If no ask how they could have an honest belief in the facts stated in the particulars of claim without sight of the documents ? Then if they're still not playing ball tell them you'll be making the court aware of this contempt as well as making the application for disclosure and extra time for your defence and will seek the costs in doing so. Explain that you are aware they are playing hard and loose with cpr's and they have left you no choice.

Explain how many attempts you've made to get an extension and ask if telephone calls are recorded as you'll be wanting them for evidence.

If after all this they won't play tell them you'll see them in court.

M1

[mysticphoenix666]

Re: Need help with a court claim please

Depends on Monday.

It'll either be :-

1. An email stating both parties have agreed an extension and a copy of their confirmation.
2. An consent order agreed by the parties that the claimant has until xx to supply the docs or the claim is struck.
3. An application by you for an unless order including a witness statement and draft order.

M1

Thanks for that, is there any specific questions or phrases i should put to this so called department manager as i don't want to be fobbed off again as i have been in the previous 3 calls i have made to them?