Shimewaza Lowel Portfolio 1 Ltd court claim

[mystery1]

Re: Shimewaza Lowel Portfolio 1 Ltd

May be worth reminding them that, under CPR 15.5 you are entitled to an extension of up to 28 days. :clock:

The parties are entitled to agree upto 28 days.

One party isn't entitled to anything

M1

[shimewaza]

Re: Shimewaza Lowel Portfolio 1 Ltd

Just spoke to BW Legal, was advised that the rule 15.5 does not specify that an exact date must be provided :jaw:

Also that it is down to me to notify the court of the agreement to the extension.
BW are taking no further action until they receive the requested information from their client. Presumably that cannot just keep extending things?

I did not mention to them repleading. If they do not carry on with the claim, can go after the same liability under a new ccj claim?

Kind regards

Shimewaza

[mystery1]

Re: Shimewaza Lowel Portfolio 1 Ltd

Certainly when you read cpr 15.5 there isn't a requirement to state a date. I am sure i read somewhere once where you should do so though. Common sense says to do so to avoid ambiguity. Just add the date to your note for the court.

Extensions can only go upto 28 days which as they they know the wording of 15.5 i am sure the know !! (they may try though)

As for a new claim, it's possible but not nearly as easy as just lodging a claim. Permission from the court for starters.

M1

[shimewaza]

Re: Shimewaza Lowel Portfolio 1 Ltd

Thank you,

I am just about to email the court a copy of the email from BW Legal together with some commentary from me, cannot locate the court email address? any ideas

[FlamingParrot]

Re: Shimewaza Lowel Portfolio 1 Ltd

Thank you,

I am just about to email the court a copy of the email from BW Legal together with some commentary from me, cannot locate the court email address? any ideas

ccbcdefendants@hmcts.gsi.gov.uk :nerd:

[shimewaza]

Re: Shimewaza Lowel Portfolio 1 Ltd

draft email to court?

The Court Manager
Northampton (County Court Bulk Centre) County Court
DX: 702885 Northampton 7

Claim No: xxxxx

Lowell Portfolio 1 Ltd - v - xxxxxxxxxxx

Dear Sir,

Please find attached herewith an email I have received from BW legal Services Limited, acting on behalf of the claimant, agreeing to an extension under cpr 15.5 for a period of 14 days.

Please note that as BW Legal have not specified the exact date, I have calculated this to be 8 March 2014.

I would like to draw to your attention that I am awaiting a reply from the claimant, enclosing specific correspondence in connection with the claim, requested in a cpr 31.14 letter dated 27 January 2014 that was sent by recorded delivery and received by BW Legal on 28 January 2014, date made on 27 January 2014. It is essential I receive this information to consider and compose my defence.

I look forward to receiving confirmation acknowledging the extension.

Yours faithfully

Shimewaza

[mystery1]

Re: Shimewaza Lowel Portfolio 1 Ltd

The court won't care what you put in a letter as far as 31.14 goes. They deal in matters that the cpr allows. Statements of case, defences and applications. Delete that part.

The Court Manager
Northampton (County Court Bulk Centre) County Court
DX: 702885 Northampton 7

Claim No: xxxxx

Lowell Portfolio 1 Ltd - v - xxxxxxxxxxx

Dear Sir,

Please find attached herewith an email I have received from BW legal Services Limited, acting on behalf of the claimant, agreeing to an extension under cpr 15.5 for a period of 14 days.This being 8 March 2014.

I look forward to receiving confirmation acknowledging the extension.

Yours sincerely


M1

Shimewaza

[shimewaza]

Re: Shimewaza Lowel Portfolio 1 Ltd

thank you M1, I will send revised email accordingly,

With regards to the message subject box, would the following be sufficient for the court manager to locate the email for acknowledgement?(completely new to this so would like to get it right :tinysmile_twink_t2

RE: Claim Ref: xxxxxxx Lowell portfolio 1 Ltd vs shimewaza

Kind regards


Shimewaza

[mystery1]

Re: Shimewaza Lowel Portfolio 1 Ltd

I believe so.

M1

[shimewaza]

Re: Shimewaza Lowel Portfolio 1 Ltd

Thank you,

I am sending the email now

[shimewaza]

Re: Shimewaza Lowel Portfolio 1 Ltd

update,

I have received an email from the court confirm they have updated the court records with a note of my email and attachments contents. I am conscious that the 14 day extension date is up to 8 March.

I have not received any further correspondence from BW Legal(and in any event it leaves me very little time to try any prepare any sort of defence)

Would it be appropriate to start drafting an unless order now, on the basis that irrespective of whether I request a further extension, for say another 14 days (to bring it up to maximum 28 day limit) If BW disagree then the unless order would have to be presented to the Court on or before the 8th March?

Can the unless order be sent via email to the court or does it need to be sent via mail?

[mystery1]

Re: Shimewaza Lowel Portfolio 1 Ltd

Phone them and see if there is an update. If not apply. If yes and you'll get them then they must give you an extension to get a defence ready as 2/3 days is plainly not enough. If they refuse apply for an extension instead of an unless order.

IIRC the rules do not allow for email applications but they, i believe, are routinely accepted by the courts.

M1

[shimewaza]

Re: Shimewaza Lowel Portfolio 1 Ltd

Thank you for your prompt reply, I will give them a call in the morning.

If they refuse apply for an extension instead of an unless order.
M1

Is it possible to apply for an extension even if they refuse? I thought both parties had to agree to the extension?

[mystery1]

Re: Shimewaza Lowel Portfolio 1 Ltd

You can apply to the court. They are in charge. Rule 15.5 just allows the parties to do it without asking. Doesn't say you can't ask the court. If they prevaricate and it leaves you 2/3 days then court is almost bound to accept your application with the claimant footing the bill.

M1

[shimewaza]

Re: Shimewaza Lowel Portfolio 1 Ltd

Spoke to BW legal yesterday with request for an extension, BW are happy to extend it until they receive the docs from their client and would state this in a letter if I need it. Although I guess they would need to apply to the court for such agreement. Obviously the reason for any extension is for me to file a defence and not for them to take their time collating the info for the cpr 31.14 request, for which they have had sufficient time. I was intending on emailing the court to request a further 14 days extension and state the reason for the extension was that I was awaiting for a formal response to my cpr 31.14 request to enable me to consider the evidence and prepare and file my defence