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

[FlamingParrot]

Re: Need help with a court claim please

Ok thank you for your response, i have looked for a similar letter on other threads but am unable to locate one hopefully someone will reply with one.

You could just ring and ask what the state of play is with the documents you requested and mention that, under CPR 15.5, they have to agree to an extension for up to 28 days if they can't supply them within 7 days of receipt of your CPR 31.14 letter. Get them to put their agreement in writing so you can then notify the court. You may want to look at this: http://www.legalbeagles.info/forums/...687#post383687

[Amethyst]

Re: Need help with a court claim please

Actually, you could give the solicitors a call and ask them to send you their agreement for an extension of 28 days on the basis they haven't complied with your CPR or CCA requests, if you feel you can, (I know I hate phoning people in these kind of situations but I'm a bit of a scardeycat).


(teach me to type slowly, sorry FP xx)

[mysticphoenix666]

Re: Need help with a court claim please

Thanks for the information, i will ring them tomorrow think its a bit late now, i don't have any contact details for a solicitors only MKDP there is no solicitor mentioned on the court forms either.

[mysticphoenix666]

Re: Need help with a court claim please

Okay so i have double checked when they received my letters through track and trace on RM website, they received them on the 5th November the signature looks really dodgy as if a child has done it see below and the name has been printed as FROST:

So they have definately not complied with either the CCA or the CPR requests. I have tried to ring and as i thought there is none there now although the answer machine picked up and said LEGAL then leave a message so they must have their own legal department which is why there is no solicitor listed on the court forms.

My acknowledgement of service was submitted on the 2nd November and received on the 4th, so does this mean i am out of time to file a defence as 14 days was the 18th and it is now the 20th?

[FlamingParrot]

Re: Need help with a court claim please

My acknowledgement of service was submitted on the 2nd November and received on the 4th, so does this mean i am out of time to file a defence as 14 days was the 18th and it is now the 20th?

No, you are not out of time because you have 14 days from date of service to acknowledge and state intention to defend PLUS AN ADDITIONAL 14 days to submit your defence, a total of 28 days. :thumb:

[mysticphoenix666]

Re: Need help with a court claim please

thanks for that reassurance

I phoned them today and spoke to my account manager (didn't know i had one of those). she said they had received my letters and have requested them from the original lender.

I mentioned that they had not complied with either of my requests and that they now had to grant me an additional 28 days to prepare my defense as they have not sent me the documents to which she replied "oh we have already given you an extension until the 6th december" i mentioned how this was not good enough as they have not contacted me and i need more than 2 weeks to prepare especially if they don't send the doc's within that time so it had to be 28 days from today.

She told me they would do so and i mentioned i needed it in writing as per CPR 15.5 so i can pass it on to the court, she said which would i prefer email or letter so i said both. I have received the email but it doesn't really say much see below: so can i send that to the courts? and what happens next as i can't see them getting any doc's from hsbc as it is 6 yrs old and virtually statute barred.

Further to our telephone conversation today.

We have received your request for documentation. We have requested these documents from the original lender and upon receipt we will post them out to you.

We will allow you 14 days from the date we supply you with the requested documents to file your defence with the court.

If you have any 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 reassurance

I phoned them today and spoke to my account manager (didn't know i had one of those). she said they had received my letters and have requested them from the original lender.

I mentioned that they had not complied with either of my requests and that they now had to grant me an additional 28 days to prepare my defense as they have not sent me the documents to which she replied "oh we have already given you an extension until the 6th december" i mentioned how this was not good enough as they have not contacted me and i need more than 2 weeks to prepare especially if they don't send the doc's within that time so it had to be 28 days from today.

She told me they would do so and i mentioned i needed it in writing as per CPR 15.5 so i can pass it on to the court, she said which would i prefer email or letter so i said both. I have received the email but it doesn't really say much see below: so can i send that to the courts? and what happens next as i can't see them getting any doc's from hsbc as it is 6 yrs old and virtually statute barred.

Further to our telephone conversation today.

We have received your request for documentation. We have requested these documents from the original lender and upon receipt we will post them out to you.

We will allow you 14 days from the date we supply you with the requested documents to file your defence with the court.

If you have any 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

Another person working for a law firm without a clue. If they can't give a definitive date then they need to agree the maximum extension allowed by the rules which is 28 days. Phone them back and tell them "i want 28 days and i want the date extended to confirmed and if you don't will you consent to an unless order or will i apply to the court for it and seek costs"

Even if you get the extension they don't get forever to supply the documents. If you fail to enter a defence they can get a default judgement. Do not make yourself vulnerable. You need the documents and the day before your defence is due is not good enough.

M1

[mysticphoenix666]

Re: Need help with a court claim please

whats an unless order?

[mystery1]

Re: Need help with a court claim please

Do something by a certain time or the claim is struck out. In your case it would be to disclose the documents by xx or the claim is struck out and if they do comply the defence is due within 14/28 days.

http://www.lawgazette.co.uk/law/unle.../62141.article

You could apply for just an extension of time but it's not really worth it just for an extension so might as well do the disclosure as well as they should have disclosed already anyway.

M1

[Gorang]

Re: Need help with a court claim please

What date is your defence due into the court

I personally would submit an embarrassed defence when your defence is due to go in from the date of service (regardless of what timescales they try to give you, as the ONLY time scales that matter are the COURT's ones, IMHO) and also submit a unless order along with your embarrassed defence, IF they still haven't supplied the documentation

that way you are forcing their hand and putting them on the back foot (I personally love watching them squirm with a unless order lol) and if they then don't comply then their claim can be struck out

whats an unless order?

Its a request you submit to the court/judge and it basically says that unless the claimant supplies the documents you require with in 7 or 14 days then their claim will be struck out

Like this

Unless order
Between xxxxxxxx(Claimant) – v - ccccccccc(Defendant)
Request for Unless Order for
The claimant is to provide the following documents, to the defendant within 5 days of the date of this order.
1: Signed Copies of all valid Credit Agreements
2: Copies of any valid Notice of Default
3; Copies of any valid Notice of assignment
It is ordered that the claimant provide conformation and production of, documents listed above within 7 days, if the claimant fails to provide the said documentation their claim will be struck out.

EDIT

Usually the judge will accept the unless order as I think they are getting peed off with orgs like this submitting claims WITHOUT the docs in place to secure a VALID CCJ

[mysticphoenix666]

Re: Need help with a court claim please

okay thanks not heard of that before.

So is there some sort of letter or phrasing that i need to use when i do this?

[mysticphoenix666]

Re: Need help with a court claim please

Thanks Gorang,

im not sure what the exact date is when my defence is due my acknowledgement of service was submitted on the 2nd November and received by the court on the 4th.

So i send the unless order to the court not to MKDP

[mystery1]

Re: Need help with a court claim please

If you need to do it we'll do it.

Make the call first.

I could not disagree more on an embarrassed defence though. It's a very bad idea in my opinion.

M1

[Gorang]

Re: Need help with a court claim please

im not sure what the exact date is when my defence is due

What was the service date on your summons??

I could not disagree more on an embarrassed defence though. It's a very bad idea in my opinion.

Can you liberate a bit here M1??
Why do you disagree with an embarrassed defence??

I have been away from all this for a year so apologies in advance as I could be missing something

My line of thought is
If the claimant can't/won't/haven't supplied docs or have them to hand BEFORE they submit a claim then IMHO they are trying to abuse the courts system by trying to get a CCJ by default

So if a defendant hasn't received the docs when they have requested the from the claimant, and the claimant is dragging their heels in supplying them, then as I see it defendant has little choice other than submit an embarrassed defence to the court as they can't fully defend themselves without the relevant documentation

Also by submitting an unless order to the court with the embarrassed defence, IMHO it shows the judge what the claimant is doing by submitting a claim when they haven't got all the relevant docs to hand BEFORE they submitted a claim

Also it makes the claimant play by the proper rules again, and stops them playing by their own rules that they like to make up as they go along. ie only giving 14 days instead of 28 as the CPR allows, its NOT up to the claimant to set the timescales its up to the court and the CPR's IMO

BUT

Like I said above if I have or am missing something with having a year out, then I sincerely apologise, and I would like to know what that is

[mysticphoenix666]

Re: Need help with a court claim please

I am nt sure what the service date is on the summons it has an issue date of the 29th October.

think it would be either the 3rd or 4th november as the form says the day of service is 5 days from the issue date