Tweet
Hi all,
Am new to the forum and have spent the past couple of weeks reading up. Some wonderful advice here!
Recieved an N1 dated 19th Feb 2014 late last month. Acknowledged service online within 14 days.
This gives me until 24th March 2014 to enter a defence (Tommorow!). Claim is for £365.
POC: Part of the balance outstanding under a contract made between (MobilePhoneCo) and the defendant for the supply of mobile telecommunications services by (MobilePhoneCo) to the defendant number xxxxxxxxx the benefit which was assigned to the claimant on xxxx. The agreement was terminated by (MobilePhoneCo) upon the Defendants failure to make payments due under the contract.
My defence is due tommorow, I called Northampton to confirm. I have a holding defence ready, as I have not had sight of any documents.
My plan was to call again tommorow morning , but they are slower than molasses (was told they get thousands of emails), to confirm that they have agreed in writing, to a 15.5 extension. Does CPR 15.5 always have to be evidenced in writing?. Failing that , was going to apply for an unless order, but have no idea whether it would be worth it. Just need some advice,
Thanks in advance :tongue2:
Claimant is : Capquest Solicitor : HL Legal
Am new to the forum and have spent the past couple of weeks reading up. Some wonderful advice here!
Recieved an N1 dated 19th Feb 2014 late last month. Acknowledged service online within 14 days.
This gives me until 24th March 2014 to enter a defence (Tommorow!). Claim is for £365.
POC: Part of the balance outstanding under a contract made between (MobilePhoneCo) and the defendant for the supply of mobile telecommunications services by (MobilePhoneCo) to the defendant number xxxxxxxxx the benefit which was assigned to the claimant on xxxx. The agreement was terminated by (MobilePhoneCo) upon the Defendants failure to make payments due under the contract.
- Sent to solicitors by recorded delivery a 31.14 request (agreement, assignment, how the amount was reached) using the template March 7th. Signed for 8th March.
- There was no response for 11 days. So contacted Solicitors by phone last week, who informed me that the request had been sent back to the claimant and to contact them.
- Contacted claimant by phone, who I informed that they were in breach of CPR 31.14 request. Claimant agreed to put the file on hold for 30 days and also verbally to 15.5 extension request. I informed them that I would email to confirm conversation to their litigation depart. Sent Wednesday afternoon.
- Had no response to email on Thursday. So phoned again Friday morning, letting claimant know that if they failed to respond to the email confirming an extension, then I would have to make an application to the court and they would be charged fees. Told to call back that afternoon, did so and still no reply to email.
- So contacted claimants solictors , to also let them know that I would be making an application for disclosure as I am unable to enter a defence and to inform their client. Solicitor said the file had been sent back to Claimant and they were waiting instructions.
My defence is due tommorow, I called Northampton to confirm. I have a holding defence ready, as I have not had sight of any documents.
My plan was to call again tommorow morning , but they are slower than molasses (was told they get thousands of emails), to confirm that they have agreed in writing, to a 15.5 extension. Does CPR 15.5 always have to be evidenced in writing?. Failing that , was going to apply for an unless order, but have no idea whether it would be worth it. Just need some advice,
Thanks in advance :tongue2:
Claimant is : Capquest Solicitor : HL Legal
Comment