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

[sarnie2109]

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

i also asked him for the NoA LBA etc that his client cant say he hasnt got,as they must have sent them to be able to proceed because as i havent had anything not even a complied with CCA request, that in itself is reason for it not to proceed and you as their sols should be advising them rather than just pushing this vexatious claim forward still, against a woman you have been told is suffering from deep depression as this is effecting her negatively....... they say they will ask CQ for these docs..... i wont hold my breath.

[mystery1]

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

May i ask what sort of time scale would be acceptable from the court in regards to an unless order? ............ to my mind it should be very short (or by return post, but i know it wont be), as they have started a court claim without any documentation they rely in their PoC and have not complied with CPR giving extra time to produce them, how can the court really give them any longer when they should of had them in the first place, or its an abuse of the very system that is about to give them more time????........ just doesnt makes sense to me.

going to call the sols again to give them one last chance to give me a date of producing these docs, then im going for the unless order, hence my question about what time scale to expect them to be given by the court.


Sarnie

I usually say 14 but the court does as they please really so don't get hung up on it.

thanks Gorang!! to me even 7 days seems to much, but they are the court.

Rang the solicitor and they have had nothing in, they have spoken to CQ who said the court will allow more time anyway, i did advise the sols..... yes but this time has a cut off date with it, not your clients view that they can just keep me hanging on...... they still have not got anything from lloyds ter either, so i think i need to move as fast as i can on this.

thanks

Not really. They'll either have them or they won't. I think it's rare, but not unheard of, to take ages to find docs when an effort is made.

i also asked him for the NoA LBA etc that his client cant say he hasnt got,as they must have sent them to be able to proceed because as i havent had anything not even a complied with CCA request, that in itself is reason for it not to proceed and you as their sols should be advising them rather than just pushing this vexatious claim forward still, against a woman you have been told is suffering from deep depression as this is effecting her negatively....... they say they will ask CQ for these docs..... i wont hold my breath.

Stop ranting and just do what you need to do.

M1

[sarnie2109]

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

Ive rung the court this morning to see where to download the unless order to start doing this as the last couple of days have been very hectic and not had much time to read up........... The court is saying the unless order does not exist, i even got given the court manager who said the same.

could somebody please let me know what i should be looking for.

Many thanks
Sarnie

[Amethyst]

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

The unless order isn't a 'court document' as it were. It is an application to the court to impose an order on the claimants whereby they must produce the information requested in your CPR request by a specific date else have their case struck out.

It's FORM N244 (downloadable from the hmcs website here http://hmctsformfinder.justice.gov.u...t_forms_id=484 ) you will need, and you will need to attach a witness statement.

I'll find a link to the right info xx

[FlamingParrot]

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

Ive rung the court this morning to see where to download the unless order to start doing this as the last couple of days have been very hectic and not had much time to read up........... The court is saying the unless order does not exist, i even got given the court manager who said the same.

could somebody please let me know what i should be looking for.

Indeed there isn't a court form known as 'unless order', it's a N244. You may want to look at this post where there's also a link to the form: http://www.legalbeagles.info/forums/...011#post393011

Also look at this thread: http://www.legalbeagles.info/forums/...871#post392871

[sarnie2109]

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

oh thank you guys i have started reading others threads for info. the court manager did mention this form but said id wasnt for this even after i explained what has happened and how i had been advised, DOH!.

Again thanks guys, i shall make one last call to the sols to ask about the docs.

Sarnie

[mystery1]

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

Court staff sometimes make stuff up rather than admit not knowing.

M1

[Gorang]

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

Again thanks guys, i shall make one last call to the sols to ask about the docs.

Can't do any harm

Remind me again sorry, when is your defence or Application due in to court???