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

[MIKE770]

Re: Need help with a court claim please

We all do at times.

[mysticphoenix666]

Re: Need help with a court claim please

No worries Gorang, we all get things wrong sometimes.

In my case i wouldn't know where to start with this so any advice is much appreciated.

Thank you for your help anyway.

[Gorang]

Re: Need help with a court claim please

Gorang - no need to apologise, I've been behind with stuff loads of times (then get things wrong) so really don't worry, it's easy sorted Thank you for all your help and your input, it is appreciated very much. xx

Thanks for your kind words Amethyst as they are very much appreciated

as I have said in another thread tonight I am the 1st person that will hold up my hands and apologise when I have done or said something wrong and I would hate to give out the wrong advise to anyone, as I would NOT like to be given wrong advise myself

Anyway, I'm off to read some threads and do some more learning so I can give the correct advise next time :tinysmile_twink_t2:

[Amethyst]

Re: Need help with a court claim please

Gorang - no need to apologise, I've been behind with stuff loads of times (then get things wrong) so really don't worry, it's easy sorted Thank you for all your help and your input, it is appreciated very much. xx

[Gorang]

Re: Need help with a court claim please

mysticphoenix please disregard the advise as I gave with regards to submitting an embarrassed defence, as I have now learned that, that advise is wrong, so please stick with the advise that M1, FP and Amethyst are giving you, as you are in very good hands with them

Apologies to all concerned

[MissFM]

Re: Need help with a court claim please

I do have the form but it didnt say who the name belonged to.

Sorry to butt in - but that sentence is a work of genius:hail::hail::hail:

[mystery1]

Re: Need help with a court claim please

Well ultimately I want rid of this debt completely, I believe I have a good case as to why I stopped paying. But it may only count with the original creditor.

So what do I send to the court as there response is not a sufficient extention confirmation?

They clearly do not have the doc's and would appear to be stalling for time

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

[mysticphoenix666]

Re: Need help with a court claim please

Well ultimately I want rid of this debt completely, I believe I have a good case as to why I stopped paying. But it may only count with the original creditor.

So what do I send to the court as there response is not a sufficient extention confirmation?

They clearly do not have the doc's and would appear to be stalling for time

[mystery1]

Re: Need help with a court claim please

it states a persons name and underneath where it states claimant/solicitor it has crosses through solicitors. and the person i just spoke to when i asked for the person by name said it was the CEO

Ok well that's ok then.

Email the them with your version of the calls.

If i was you i'd draft the unless order and witness statement to go with it. http://www.legalbeagles.info/forums/...highlight=zhan Start around 43.

Get it ready email a copy to them and let them know you'll be calling am Monday for a last chance conversation then 1st thing Monday it's last chance saloon. If they still p!ss you around then do it.

M1

[Amethyst]

Re: Need help with a court claim please

Further to our telephone conversation today.

MKDP LLP are not the original lender In this matter so we have requested the documents that you have asked for but this may take 6-8 weeks. As this is likely to be beyond the 28 day extension referred to in CPR 15.5 we consent to you filing your defence 14 days after we have sent you the said documents pursuant to CPR 2.11.

I think that will be enough for the court to put the case on hold (assuming that's what you are trying to do)

[mysticphoenix666]

Re: Need help with a court claim please

it states a persons name and underneath where it states claimant/solicitor it has crosses through solicitors. and the person i just spoke to when i asked for the person by name said it was the CEO

[mystery1]

Re: Need help with a court claim please

What is written there then ?

M1

[mysticphoenix666]

Re: Need help with a court claim please

I do have the form but it didnt say who the name belonged to.

ok so i have just phoned back to be told i cant speak to the CEO (the person who signed the form) as they are not there and probably wouldn't be available to speak to me if they were.

I have just been told that they don't have to see the documents to file a claim with the court, and that there wasn't much this person could do as the only person who could resolve the issue regarding the extension not being specified would be the dept manager who has gone home and is not available now until monday, she would only give me his first name and an extension number to ask for as it is apparently confidential.

I requested that they send me an email confirming this conversation but she declined. They said they didn't have to send me anything in writing regarding the 6-8 weeks that it would take for them to receive the doc's from original creditor when they received my CPR request as the courts know how long it takes to receive these and also that they would have ample time to receive these doc's and send them to me before the court case was heard.

I mentioned again that i would allow them until friday to comply with my request and then i would request n244 from the court. I also asked if they would be so kind as to get this person to phone me as i will be requesting all my costs along with the n244 including all the phone calls i have made from my mobile to a premium rate number and they said they would state that in the notes but they couldn't guarantee when he would be able to phone me.

[mystery1]

Re: Need help with a court claim please

You have a copy of the claim form don't you ?

Bottom left and it's probably typed as it's online.

M1

[mysticphoenix666]

Re: Need help with a court claim please

i don't even know who it is that has signed the claim form i just keep getting the same person when i phone who is apparently my account manager within the legal dept.