**CLAIM DISMISSED ** CCJ for old debt - have no idea what to do - court claim

[lowlowlola]

Re: CCJ for old debt - have no idea what to do - court claim

Just an update :

called df extension agreed and letter to follow. Have emailed Northampton, feeling back in control now . I will start on my defence.

For anyone reading this don't worry about calling the solicitors ( as I was) they were pleasant and professional .

Thanks again to mystery1 and amethyst for taking time out of your weekend to help.

[mystery1]

Re: CCJ for old debt - have no idea what to do - court claim

How can you start on your defence without the documents ?

I'd start prepping an unless order because it's pretty unlikely that you'll get the documents.

M1

[lowlowlola]

Re: CCJ for old debt - have no idea what to do - court claim

apologies i meant the unless order

[lowlowlola]

Re: CCJ for old debt - have no idea what to do - court claim

Hi :beagle2222:

i just had a bit of a disconcerting call with CCBC Northampton.

My defence is due to be filed on 24th (its actually 22nd but the helpline advisor said you get to 5pm on the first working day after the weekend??) I then told them that I had emailed and written to confirm that DF have agreed a further 28 day extension for filing my defence under CPR 15.1 but had heard nothing back from the court.

He then said (which was the worrying bit) that there is no extension to the defence date, that as far as the court is concerned it is due on 24th. He said that any other arrangement is between me and the solicitors and that no note is needed on the case file. He then said that if i dont defend the case then the solicitors can ask for judgement, The only way i can prevent this is to put an N244 in.

I am totally confused. I did ask to speak to his supervisor to check but he said there was no need as this was the process.

my question are:

1) am i worrying over nothing? The letter from DF clearly states that the file is on hold and that they will not seek judgement until i have had 14 days to prepare my defence?
2) do i need to take further action i.e submit the N244

thank you as always

[Streetwise]

Re: CCJ for old debt - have no idea what to do - court claim

Hi :beagle2222:

i just had a bit of a disconcerting call with CCBC Northampton.

My defence is due to be filed on 24th (its actually 22nd but the helpline advisor said you get to 5pm on the first working day after the weekend??) I then told them that I had emailed and written to confirm that DF have agreed a further 28 day extension for filing my defence under CPR 15.1 but had heard nothing back from the court.

He then said (which was the worrying bit) that there is no extension to the defence date, that as far as the court is concerned it is due on 24th. He said that any other arrangement is between me and the solicitors and that no note is needed on the case file. He then said that if i dont defend the case then the solicitors can ask for judgement, The only way i can prevent this is to put an N244 in.

I am totally confused. I did ask to speak to his supervisor to check but he said there was no need as this was the process.

my question are:

1) am i worrying over nothing? The letter from DF clearly states that the file is on hold and that they will not seek judgement until i have had 14 days to prepare my defence?
2) do i need to take further action i.e submit the N244

thank you as always

If it was me I would apply for the unless order TODAY.

[lowlowlola]

Re: CCJ for old debt - have no idea what to do - court claim

Thanks . I am just not in a position to fund the n244 until next week. I am guessing that my only action now is to submit a defence which is impossible as I don't have the documents to refer to.

Can an any one advise please .

Thank you

[lowlowlola]

Re: CCJ for old debt - have no idea what to do - court claim

Sorry to nag but can anyone help.

I just don't know what to do ! Was the helpline guy talking rubbish ? Should I carry on with my original plan which is my preferred option or should I submit a defence ( which is impossible as I have no documents to defend) the n244 is simply not an option in the next two days .

thank you

[Streetwise]

Re: CCJ for old debt - have no idea what to do - court claim

Sorry to nag but can anyone help.

I just don't know what to do ! Was the helpline guy talking rubbish ? Should I carry on with my original plan which is my preferred option or should I submit a defence ( which is impossible as I have no documents to defend) the n244 is simply not an option in the next two days .

thank you

Okay you can't afford the unless order so you have to defend ,I think you have to defend on the basis that D.F. had not supplied you with the documentation that you have requested to DEFEND YOURSELF,now again if it was me and i mean ME,I would point out to the Court that D.F. have taken you to Court without the documentation that they rely on to justify there claim,you have requested the documentation through the proper procedures C.P.R. and they have failed to comply on time,so you wish that the Court strike out there claim for non compliance.

Hopefully somebody will come up with something else but I am only saying what I would DO.:doggieyes:

[Streetwise]

Re: CCJ for old debt - have no idea what to do - court claim

BUMP

[Amethyst]

Re: CCJ for old debt - have no idea what to do - court claim

If you can't get fee remission and can't afford the unless order then yes you will need to enter a defence based on not having a the credit agreement despite CCA request and no response to your CPR request, pretty much as you said in your first post.

[lowlowlola]

Re: CCJ for old debt - have no idea what to do - court claim

Just to clarify even though the solicitors have agreed an extension under CPR 15.5 and I have informed the court in writing I was informed by the court helpdesk that there can be no extension.

therefore as I can't do the n 244 then I have to submit a defence

[Amethyst]

Re: CCJ for old debt - have no idea what to do - court claim

The extension is agreed between the parties and the court notified. You aren't asking the court for an extension. The basics is that the sols have agreed not to enter a default judgment against you until at least the end of the extension period agreed. A default judgment isn't just given by the court, it is applied for by the claimants. You email the court to note it on the file, so don't know why your court have an issue with that.

[lowlowlola]

Re: CCJ for old debt - have no idea what to do - court claim

Ahhhhh!!! Does that mean can still submit an n244 after the 24th or am I too late ?

The helpline guy was assertively unhelpful

than you for your help

[mystery1]

Re: CCJ for old debt - have no idea what to do - court claim

Sometimes the court staff talk b0llocks.

Did you email the extension ? If you did and it was confirmed by the auto reply don't worry about it. If not do it again.

M1

[mystery1]

Re: CCJ for old debt - have no idea what to do - court claim

The court have no say. If the claimant has agreed and you've informed the court what the eejit on the phone says means nothing.All you need to know is if they have your email. If they do, sorted. If they don't, sort it.

There is no need for a defence or an application to be done immediately, none at all.

M1