Foxy v MBNA

[Foxyflugel]

Re: Foxy v MBNA

I've had the following reply from the solicitors:-

We can confirm this matter will be placed on hold until such time the requested documentation is provided to you. You will then have until Friday 2^nd May 2014 to respond to the claim form.

Do I inform the court now?

Thanks :tinysmile_hmm_t2:

[mystery1]

Re: Foxy v MBNA

That is utter crap. If they don't give you a date then make the application.

The rules are the rules whether it suits them or not. They do not get to make them up as they go along. I'd report that to the sra.

M1

[Foxyflugel]

Re: Foxy v MBNA

That is utter crap. If they don't give you a date then make the application.

The rules are the rules whether it suits them or not. They do not get to make them up as they go along. I'd report that to the sra.

M1

I requested a 28 day extension from what would have been my initial defence date..which was 2nd May..is this not them agreeing to the extension then??

I'm confused.

Foxy

[Amethyst]

Re: Foxy v MBNA

I'd take it as an agreement to an extension myself and send a copy of that email to the court to say that an extension has been agreed between parties as allowed under the CPR to 2nd May 2014.

[mystery1]

Re: Foxy v MBNA

It's not clear and i'd take no chances. Ask yourself this, why won't they send something that says " we agree to your request to extend the deadline for filing your defence until 2/514"

I don't trust them. You can if you want.

M1

[Foxyflugel]

Re: Foxy v MBNA

Just for good measure I sent a clarification reponse to the email and they have sent back saying it is confirmation of an extension.

I have emailed copy of said email to the courts (I called the telephone number and the recorded message gave me their email address) and have received the following automated reply:- (My case has an 'A' prefix??) Is this the correct email address?? Thanks



Thank you for emailing the County Court Bulk Centre’s ‘ CCBC Defendants’ Email Account.

When you send an email to the Court and your email requires a reply, we will;

Dispatch a reply to your email usually within 5 but not later than 10 working days of receipt.

(please do not re-send duplicate messages)

The County Court Bulk Centre is a separate entity to Northampton Combined Court and therefore only deal with CCBC queries. We do not deal with Family, Probate or Bankruptcy matters.

Please also note that we only deal with claims that have a prefix of X, Q or J. For all other claim numbers please contact the CCMCC -ccmcccustomerenquiries@hmcts.gsi.gov.uk

[FlamingParrot]

Re: Foxy v MBNA

The email address for the Northampton Bulk Centre is ccbcdefendants@hmcts.gsi.gov.uk

https://www.justice.gov.uk/courts/no...lk-centre/ccbc

[Foxyflugel]

Re: Foxy v MBNA

Thanks FP - that is the one I sent it to - but was slightly concerned when I received the automated reply back - it says in blue that they only deal with cases with the prefixes X Q or J. :tinysmile_hmm_t2: Very confusing!!

[Foxyflugel]

Re: Foxy v MBNA

Hi all

Still nothing!! I am correct in thinking I leave it until 10/11 days before my extended defence deadline and then do an application to the court?

This would make it about 21/22 April if I haven't received the documents.

Thanks in advance.

Foxy :tinysmile_hmm_t2:

[Amethyst]

Re: Foxy v MBNA

Might be an idea to give the court a quick call and check about this case number thing.

[mystery1]

Re: Foxy v MBNA

Hi all

Still nothing!! I am correct in thinking I leave it until 10/11 days before my extended defence deadline and then do an application to the court?

This would make it about 21/22 April if I haven't received the documents.

Thanks in advance.

Foxy :tinysmile_hmm_t2:

:okay:

M1

[Foxyflugel]

Re: Foxy v MBNA

Cheers M1.

[Foxyflugel]

Re: Foxy v MBNA

Thanks Amethyst.

I have just called the court to check and they confirmed it was one of their cases. Whilst I was on the phone I mentioned the email I had sent and the woman said they are still processing correspondence from 28th March (email mine on 2/3rd April) and that if the claimant wanted to they could get judgement - whether they have the email or not!!

Is the purpose of advising the court just to keep them in the loop then? - if the above is true - so it reflects unfavourably on the claimant if they do break the agreement?

Thanks :crazy:

[mystery1]

Re: Foxy v MBNA

It's crap.

http://www.justice.gov.uk/courts/pro...es/part12#12.3

Conditions to be satisfied
12.3
(1) The claimant may obtain judgment in default of an acknowledgment of service only if –
(a) the defendant has not filed an acknowledgment of service or a defence to the claim (or any part of the claim); and
(b) the relevant time for doing so has expired.


As 15.5 allows the extension then clearly the relevant time for filing a defence has not expired.

M1

[Foxyflugel]

Re: Foxy v MBNA

Thanks M1 - my first defence deadline was 4th April though!

That is what worried me - how do they know that we've agreed the extension if nobody has addressed my email?

Thanks