Mayflower21 v MKDP LLP

**mystery1** · 25th March 2014, 16:24:PM

Re: Mayflower21 v MKDP LLP

Wait until Thursday 27th then phone up and ask why they haven't complied and when they will.

M1

**Mayflower21** · 25th March 2014, 16:30:PM

Re: Mayflower21 v MKDP LLP

Ok will do. Thanks mystery1 :-)

**Mayflower21** · 27th March 2014, 16:03:PM

Re: Mayflower21 v MKDP LLP

Ok update:

Still no response so I called MKDP.

They are claiming that they didn't receive my letters. I sent the CCA & CPR in separate envelopes and they were both signed for on the 19th March.

They asked what I was requesting and said that they don't usually get that information from the original creditor as they don't expect people to defend the claim. They said they would request them for me now but can't guarantee how long it will take to get them.

What should I do now? Do I need to contact the court to update them?

**Amethyst** · 27th March 2014, 16:54:PM

Re: Mayflower21 v MKDP LLP

they don't usually get that information from the original creditor as they don't expect people to defend the claim.

That is ridiculous in itself, anyway....

You should ask MKDP to agree an extension between yourselves to the deadline for entering your defence or admission. 28 days is normal. The CPR relevant is 15.5.

15.5

(1) The defendant and the claimant may agree that the period for filing a defence specified in rule 15.4 shall be extended by up to 28 days.

(2) Where the defendant and the claimant agree to extend the period for filing a defence, the defendant must notify the court in writing.

If they can confirm this to you in an email you can then forward that on to the court so things don't inadvertently get rubber stamped in default.

Also let MKDP know that if you don't receive the documents at least 7 days before the end of the extension you will be applying to the court to enforce the CPR 31.14 inspection of documents.

**Mayflower21** · 27th March 2014, 17:01:PM

Re: Mayflower21 v MKDP LLP

Yes I though it was an odd comment to make! :tinysmile_aha_t:

OK, will go back to them now. Thanks Amethyst

**mystery1** · 27th March 2014, 21:16:PM

Re: Mayflower21 v MKDP LLP

Leaving aside their dishonesty and incompetence, get an email and/or fax for them and send another copy.

You should also email details of every call to them so you can later use this as evidence in court. Doesn't need to be a transcript but does need to be pretty accurate.

M1

**Mayflower21** · 1st April 2014, 10:49:AM

Re: Mayflower21 v MKDP LLP

Hi Guys,

I emailed them on the 27th March detailing my phone call and attached both letters asking for them to agree an extension.

No reply via email or post.........

**mystery1** · 1st April 2014, 14:55:PM

Re: Mayflower21 v MKDP LLP

Keep chasing until time is short and then bang in an application.

M1

**Mayflower21** · 2nd April 2014, 11:13:AM

Re: Mayflower21 v MKDP LLP

Spoke to them today to chase up again.

They are waiting on the information and can't tell me when it will arrive. I asked for them to agree to an extension was told as I have acknowledged the claim with the court I just need to make the court aware that I am waiting for information.

The issue date of the claim is the 5th March so that would make the deadline for my defence the 9th April? (Just idiot checking)

Should I inform the court that I am waiting for documents or wait until the deadline and file my defence stating that I have not been provided the necessary documentation?

thanks for your help!

**Mayflower21** · 4th April 2014, 20:09:PM

Re: Mayflower21 v MKDP LLP

Anyone? :doggieyes:

**mystery1** · 4th April 2014, 20:43:PM

Re: Mayflower21 v MKDP LLP

Originally posted by Mayflower21 View Post

Spoke to them today to chase up again.

They are waiting on the information and can't tell me when it will arrive. I asked for them to agree to an extension was told as I have acknowledged the claim with the court I just need to make the court aware that I am waiting for information.

The issue date of the claim is the 5th March so that would make the deadline for my defence the 9th April? (Just idiot checking)

Should I inform the court that I am waiting for documents or wait until the deadline and file my defence stating that I have not been provided the necessary documentation?

thanks for your help!

They are wrong.

http://www.justice.gov.uk/courts/pro...es/part15#15.5

Agreement extending the period for filing a defence

15.5
(1) The defendant and the claimant may agree that the period for filing a defence specified in rule 15.4 shall be extended by up to 28 days.
(2) Where the defendant and the claimant agree to extend the period for filing a defence, the defendant must notify the court in writing.

If they tell you something ask for the rule that lets it happen.

M1

**Mayflower21** · 7th April 2014, 11:30:AM

Re: Mayflower21 v MKDP LLP

Thanks Mystery1.

So should I call them again? Sorry - new to this and don't want to get it wrong!

**Mayflower21** · 7th April 2014, 13:31:PM

Re: Mayflower21 v MKDP LLP

OK starting to get really annoyed now!

Called them again and said that I have been advised that they should agree an extension as they haven't provided me with the documents I requested.

They insisted again that I should enter my defence and mention that I haven't been given the documents I requested. The case should then be put on hold until the documents come through - is this right? This so frustrating!

**mystery1** · 7th April 2014, 14:51:PM

Re: Mayflower21 v MKDP LLP

No it's incorrect, but is not an infrequently told pile of shite spouted by greedy bankers and their sidekicks.

Don't worry about it. Document it.

They are in breach of their cpr duties. Cpr 31.15 gives them 7 days and 7 days only to comply with your request.

If you get the extension you can give them a bit longer but if you don't have an extension apply for an unless order before the time for filing your defence runs out.

M1

M1

Mayflower21 v MKDP LLP