cca REQUESTED FROM LLOYDS IN 2009 NOTHING AS YET...... NOW COURT PAPERS FROM CAPQUEST

[mystery1]

Re: cca REQUESTED FROM LLOYDS IN 2009 NOTHING AS YET...... NOW COURT PAPERS FROM CAPQ

A consent order is an order by consent of both parties which the court mostly just rubber stamps. The parties agree the form of the order and the court says ok. An unless order is as i described before.

You could say an unless order by consent is the best result if you see what i mean.

M1

[sarnie2109]

Re: cca REQUESTED FROM LLOYDS IN 2009 NOTHING AS YET...... NOW COURT PAPERS FROM CAPQ

thanks M1, been on to the sols for 35 mins (mainly on hold) now asking where my phone call back is, they say they dont know maybe they are busy,i said it was a confirmed time i was meant to receive my call back, i said not good enough.... im now told some one will ring me back in 5 mins, that was 10 mins ago, and they wont be a solicitor.......... these guys are jokers!

[mystery1]

Re: cca REQUESTED FROM LLOYDS IN 2009 NOTHING AS YET...... NOW COURT PAPERS FROM CAPQ

Most of these guys act like process servers. Mostly they don't deal with fighters just process paperwork as quickly as possible hence when someone comes along and starts asking questions they've got to return to the corners they've cut and they do not like it.

M1

[sarnie2109]

Re: cca REQUESTED FROM LLOYDS IN 2009 NOTHING AS YET...... NOW COURT PAPERS FROM CAPQ

Right ive been on the phone to these jokers now for over 2 hours,,,,,,,,, still no solicitor, after my 5minute call back turned into 15-20 mins we called back and got a 'new' team leader that told me she didnt know how to get the info or how things worked so she couldnt help me!!! and "everyones gone home now its 5",...... 2+hours and nothing, definitely no call from a solicitor at their agreed time of 4pm.

I am promised a call back from a solicitor on monday 'in the morning sometime' from the bradford office.

((Oh i emailed them a notice of authorisation so my friend can speak to them as im not very good when they get funny on the phone, i also put at the bottom of the email that ....."I reserve the right to record all and any communications made in regard to this or any other matter." glad i did))

so after 2 hours on the phone i still dont know if they have had any documents from CQ, i think we all know its a no anyway, but i cannot believe they are this un-organised, which gave my friend the opportunity to mention their two separate staffs previous comments in calls that they dont need to comply with PAP or CPR :tinysmile_aha_t: and our earlier call where the guy(office clark/boy) who answered saying "i can deal with this" when asked if he was a solicitor, he gave many misleading answers(like they all have!) where he never says no, just some cleverly worded reply, in the end admitting he wasnt a solicitor or legally trained. my friend wasnt rude, just mentioned it out of concern:tinysmile_twink_t2: for the tape. Roll on monday's call as this will be the last time i ask for them to cough up the documents after todays farce.

im off to start reading up on unless orders, can i ask, if i do the unless order this monday for example, what would i expect next, .....how long do they get, till the end of the 28 days to produce the documents?

[mystery1]

Re: cca REQUESTED FROM LLOYDS IN 2009 NOTHING AS YET...... NOW COURT PAPERS FROM CAPQ

If you apply for the unless order then you ignore the date as it'll then be up to the court to give you a new date once it has decided on the order. A court should not entertain an application for a default judgement when you have an outstanding application as it is clear you are participating in the process. Just make sure the court confirm receipt of your application.

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

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

M1

[sarnie2109]

Re: cca REQUESTED FROM LLOYDS IN 2009 NOTHING AS YET...... NOW COURT PAPERS FROM CAPQ

Many thanks to you M1.

Sarnie

[sarnie2109]

Re: cca REQUESTED FROM LLOYDS IN 2009 NOTHING AS YET...... NOW COURT PAPERS FROM CAPQ

I got my call this morning from an actual solicitor from drydens ...... nice enough guy and listened to all my questions.
i asked if they had any docs yet or at the least an indication of when they may get it from CQ as they have replied to say they will keep it on hold till they get the docs, i said it wasnt good enough to keep me just hanging and gave him till 4 pm today to get back to me with an answer from their client as to when we will get the docs or if they think they can have them anyway....... he said they wont proceed anyway without them, i told him they will struggle to proceed anyway as they have not complied with CPR etc and that concerns me how they have started a court claim with just the word of their client....... we have still an uncomplied with CCA request from 4 yrs ago.... and that i would ask them to consider agreeing to an unless order.

So should i apply to the court tomorrow for the unless order ??, this company really are messing about, to much to put on here but they just seem to think they can do as they please, and i wont to sort this once and for all, now, not again in 6months etc.

many thanks
Sarnie

[sarnie2109]

Re: cca REQUESTED FROM LLOYDS IN 2009 NOTHING AS YET...... NOW COURT PAPERS FROM CAPQ

right i just rang the court and i am out of time !!!! it ran out on 25th nov.... i thought we had till the 23rd dec.

So they advised me to enter the unless order as quickly as i can or the sols may enter judgement against me.

i get employment support allowance cause i cant work which will allow me the unless order without paying but the court advised if i do that then it delays it a bit and sols can get the judgment through, my friend has offered to pay it for me........ should i just pay it please or does my application for fee remission take any longer than normal, id rather not have to pay my friend back as money is tight enough and what with xmas.

should i ring the sols and get them to confirm they wont enter judgement against me and if they do i will apply to have it set aside anyway???............ i need to contact the sols anyway i think to tell them im doing the unless order asap.


any help would be really helpful as it looks as if ive made a big mistake and need to act ASAP.

Sarnie

[Amethyst]

Re: cca REQUESTED FROM LLOYDS IN 2009 NOTHING AS YET...... NOW COURT PAPERS FROM CAPQ

I thought you'd agreed an extension ?

[mystery1]

Re: cca REQUESTED FROM LLOYDS IN 2009 NOTHING AS YET...... NOW COURT PAPERS FROM CAPQ

Thanks M1, i have emailed the court with the email the sols DID send me, shock horror.

They also said on the phone they are not expecting to see the dos any time in the nest 4-6 weeks, lets hope they are right.

i hear what you say re defending it on the CCA default and assignment ............. But is the fact the have not followed PAP and CPR correctly to bring this claim part of a defence, like not making any contact, just taking it to court, OR will this allow them a way out im not aware of?

You guys have been brilliant with the help youve ALL offered, and i know all the questions i have asked have looked at different avenues of defence, its just quite hard over the internet and what with busy days having a chld, the days just arent long enough....... but seriously a very heart felt THANK YOU xx

Sarnie

Phone the muppets at the court and ask if they got this and also for them to mark the file accordingly.

M1

[sarnie2109]

Re: cca REQUESTED FROM LLOYDS IN 2009 NOTHING AS YET...... NOW COURT PAPERS FROM CAPQ

we have but the court said the time has run out, the issue date on the N1 form is 23rd October. i emailed the acknowledgement on the last day i could (5+14days), i then emailed them the 28day extension to them on the 25th nov again the last day, i have the receipt of emailing.......... has the girl at the court got it wrong ??

[mystery1]

Re: cca REQUESTED FROM LLOYDS IN 2009 NOTHING AS YET...... NOW COURT PAPERS FROM CAPQ

Phone the muppets at the court and ask if they got this and also for them to mark the file accordingly.

M1

we have but the court said the time has run out, the issue date on the N1 form is 23rd October. i emailed the acknowledgement on the last day i could (5+14days), i then emailed them the 28day extension to them on the 25th nov again the last day, i have the receipt of emailing.......... has the girl at the court got it wrong ??

See my post before yours.

From what you say, yes she has got it wrong.

M1

[sarnie2109]

Re: cca REQUESTED FROM LLOYDS IN 2009 NOTHING AS YET...... NOW COURT PAPERS FROM CAPQ

Panic over!!!! thank god for that i wondered what on earth id done wrong, the court is so far behind they are processing my claim in the morning as its not on their system hence the girl getting it wrong earlier :tongue2:

[sarnie2109]

Re: cca REQUESTED FROM LLOYDS IN 2009 NOTHING AS YET...... NOW COURT PAPERS FROM CAPQ

M1, just got a bit panicked when she said that, questioned her but she said no no..... all sorted now, phew!

May i ask re the unless order and the solicitors, meant to be ringing me back at about 4pm with answers to the delay of the docs....

I did say to him i wanted to know by 4pm if they will get the docs or not and give me a date or say if they not getting them, i did say i was thinking of giving them till the end of the week before i apply for the unless order and would like them to agree as they have been very naughty by not following cpr etc and my history of outstanding CCA request from lloyds 4yrs ago,, he said he would ask CQ.... could you advise me please if i should do the unless order asap.

Sarnie


P.S i have the confirmation email from the courts re the 28day extension.

[mystery1]

Re: cca REQUESTED FROM LLOYDS IN 2009 NOTHING AS YET...... NOW COURT PAPERS FROM CAPQ

At this point in time all you are doing is making an effort to be seen to be reasonable. It is their issue if they don't have the evidence. If they supply in time then you need to look at what they send. If they don't you have decided to apply for an unless order. They can either agree to that or not. After that it's up to the court.

Do you really want them to find the documents ? I wouldn't if i were you.

What they are proposing does not fit with the rules and as they have already tried for default judgement on the 18th, if i recall correctly, then you cannot trust them to do things outwith the rules. In my opinion.

M1