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

[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)

[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

[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

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

[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:

[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

[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

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:

[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.

[MIKE770]

Re: Need help with a court claim please

We all do at times.

[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?

[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

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

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

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