CPR/defence timescales

[Gorang]

Re: CPR/defence timescales

For your CPR request

You can Only ask for the documents they have mentioned in their POC

Can you post up the exact wording they have put in the POC box of the N1

[abducted51]

Re: CPR/defence timescales

For your CPR request

You can Only ask for the documents they have mentioned in their POC

Can you post up the exact wording they have put in the POC box of the N1

Particulars of claim:
The claimant is the Assignee of a debt(s) due in relation to a/various Credit Agreements regulated by the Consumer Credit Act1974 entered into between MBNA Europe Bank Ltd and the Defendant. Notice of Assignment was provided to the Defendant by the Claimant in writing. The agreement was terminated upon the defendant failure to comply with the terms of the Agreements and or the Statutory notice of Default served by MBNA Europe Bank Ltd. The claimant complied with Section III and IV and annex B of the PD of the Pre-Action Conduct.
And the claimant claims:
Credit card account number XXXXXXXXXXXXXXXX balance of £5xxx as of 30/01/10. interest under s69 of the County Court Act 1984 at the rate of 8% a year from the default date to 2/12/13 of £1xxx and also interest at the same rate up to the date of judgement or earlier payment at a daily rate of 1.31 AND costs.

[abducted51]

Re: CPR/defence timescales

The only document I wasnt sure about there was the Termination notice. Is the wording 'The agreement was terminated' in the PoC, sufficient enough to request the Termination notice in my CPR31.14?

Is there anything else I missed?

What about the small claims track part. Is that ok?

Thanks once again for all your help. As soon as someone gives my CPR31.14 the green light I'll get down the PO and send it special delivery.

[Gorang]

Re: CPR/defence timescales

Yeah Take out the termination as they have only said the account was terminated not that there was a termination notice sent

Leave in agreement, DN and NOA

Leave small claims bit


Your good to go once you take out 4

[Gorang]

Re: CPR/defence timescales

Once you have it posted

Phone the sols and ask for a 28 day extension

Tell them that you have sent a CPR 31.14 request and its posted today via Royal mail xxxxxx (first available posting time due to hols) give them the tracking number if they ask for it

Get them to confirm EVERYTHING they say on the phone via email, if they don't then you make up a transcript and send it to them and also ask them in that email to change anything they don't agree with and email it back to you

[abducted51]

Re: CPR/defence timescales

Thank you Gordon, i'm on it now.

[abducted51]

Re: CPR/defence timescales

Ok spoke to sols yesterday as it was the first day they were working after the hols. They agreed to give me an extension but only 14 days. When I queried this they informed that they didnt HAVE to give anything and that 14 days it would be.

They wouldn't agree to sending me an email confirming what was agreed but did say a letter would come in the post. When I conveyed my worry that the letter wouldn't arrive in time for me to forward to the court before the 4th they said that a simple phone call to the court would suffice.

Then phoned the court and told them about the extension and the new defence deadline date. Very helpful lady on the phone said if they've agreed an extension then they shouldn't apply for a judgement until then but would put a note on the system regarding my concerns that at the moment all I have is a verbal agreement on the extension.

Sent sols an email about our conversation and asked them to reply confirming, or with anything they disagree with. Was hoping to forward this to the court but they haven't replied yet. If I dont get anything by midday today should I ring them again?

[mystery1]

Re: CPR/defence timescales

14 days is up to them. Once that's up what are they going to do ? give you 14 more ? That's no use because you'd still be waiting on documents and that eats in to your time to compile your defence.

After 7/8 days find out the score from them and if no documents file an order compelling disclosure.

If they do not get back to you regarding this extension before the current dealine runs out you need to file an application before time runs out. CPR 15.5 (2) is clear. In writing and it's you that has to do it.

M1

[abducted51]

Re: CPR/defence timescales

If they do not get back to you regarding this extension before the current dealine runs out you need to file an application before time runs out.
M1

Forgive my ignorance but what application will I have to file? The current deadline is the 4th (actually the 6th due to the weekend). For me to get anything to the court in writing it's gonna have to be posted tomorrow at the latest. I really cant see them getting me written confirmation of the extension by tomorrow morning.

cheers

[mystery1]

Re: CPR/defence timescales

Forgive my ignorance but what application will I have to file? The current deadline is the 4th (actually the 6th due to the weekend). For me to get anything to the court in writing it's gonna have to be posted tomorrow at the latest. I really cant see them getting me written confirmation of the extension by tomorrow morning.

cheers

You can email

An application would be to compel disclosure and give you 14 days to file a defence after they disclosed. if they failed to disclose the claim would be struck out.

M1

[abducted51]

Re: CPR/defence timescales

Is this the same as an unless order? I'm sure i've read that term on this forum. Is it a complicated procedure? Should I start preparing this now?

Thanks once again

[mystery1]

Re: CPR/defence timescales

Is this the same as an unless order? I'm sure i've read that term on this forum. Is it a complicated procedure? Should I start preparing this now?

Thanks once again

Yes it is an unless order.

It's not that complicated but if you think it is doing your own case might prove tricky.

Prepare now. http://www.legalbeagles.info/forums/...highlight=zhan start from 40 or so.

M1