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

[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

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

In accordance with cpr 15.5.

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

If you're worried give the court a call.

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

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

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

[MIKE770]

Re: Need help with a court claim please

Form N244

[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

[mysticphoenix666]

Re: Need help with a court claim please

thanks for that M1 I am reading through those posts but still a little confused as to where i find an n244 form, and also what to put in it.

I have just noticed on one of the threads that it costs £80 (which i don't have) and then it refers to a remission of fees (what is this please)?

[mystery1]

Re: Need help with a court claim please

http://www.justice.gov.uk/downloads/...eng-upto-6.pdf

http://hmctsformfinder.justice.gov.u...s/n244-eng.pdf

M1

[mysticphoenix666]

Re: Need help with a court claim please

Point 3 on n244, would this be ok?

An order (a draft of which is attached) that the Claimant provides the defendant with documents mentioned within the Particulars of Claim pursuant to CPR Rule 31.14 and CCA s78 and that the Defendant thereafter do have leave to file a Defence.

The Defendant also seeks the costs of the application. (not sure if this applies if i send the claim for remission of fees)

Point 10: attached witness statement (not written yet)

evidence set out in box below:

Exhibit 1: My CPR 31.14 request dated 04/11/2013, received by the Claimant on 05/11/2013
Exhibit 2: My CCA request dated 04/11/2013, received by the Claimant on 05/11/2013
Exhibit 3: Email confirmation of 1st Telephone call made by myself to the Claimant regarding my aforementioned requests, sent by the Claimant on 21/11/2013.
Exhibit 4: Email confirmation of 2nd telephone call made by myself to the Claimant again in reference to my previous CPR and CCA requests, and also request for an extension to file my defence, sent by the Claimant on 22/11/2013.
Exhibit 5: still waiting on email confirmation regarding todays telephone call.

[mysticphoenix666]

Re: Need help with a court claim please

okay so i am working on my draft of directions and my witness statement.

Is my previous post info okay or do i need to edit anything (no email confirmation received on the last exhibit so won't be including that one).

Also does the n244 have to be posted to the court as the form states you can't save it with info in it you have to print it out.

And if i am asking for remission of fees do i still have to send payment with the form or do i send the request for remission?

Sorry if these seem daft questions but want to get things right first time and want to get things in motion as quickly as possible.

Thanks

[mystery1]

Re: Need help with a court claim please

okay so i am working on my draft of directions and my witness statement.

Is my previous post info okay or do i need to edit anything (no email confirmation received on the last exhibit so won't be including that one).

Also does the n244 have to be posted to the court as the form states you can't save it with info in it you have to print it out.

And if i am asking for remission of fees do i still have to send payment with the form or do i send the request for remission?

Sorry if these seem daft questions but want to get things right first time and want to get things in motion as quickly as possible.

Thanks

Point 3 is fine and you do have costs for time paper stamps etc etc

If that's what the form says then do it that way.

No payment if you know you don't need to.

Exhibit 2 is pointless. The cca s78 request has nothing to do with your 31.14 request. If you include stuff like this a judge might think you are fishing. Remove all references to anything except your 31.14 request and their non compliance.

M1