Foxy v MBNA

[Foxyflugel]

Hi everyone

I received a Northampton CC Claim dated 4th March 2014. I did my AOS online and sent a CPR 31.14 request on 13th March recorded delivery. No reply..so I emailed the solicitors and they replied that they had received my request and their client have requested the documents from the OC...they cannot guarantee how long this will take. They state they can confirm this matter will be placed on hold until such time as I receive said documents and then I will have a further 10 days from the date they send me the documents to respond to the claim form.

Is this right?? I work out my defence deadline to be 5/6th April so I quoted the 4th April.

Any help would be appreciated.

Thanks

Foxy

[mystery1]

Re: Foxy v MBNA

It's crap. CPRs give you 14 days to defend and 14 more if you file AoS and they want to give you 10 ? I don't think so. This isn't going to matter though as i suspect they'll not produce them in time anyway.

Cpr 31.15 is clear "the party who disclosed the document must supply him with a copy not more than 7 days after the date on which he received the request." where does it say they can do what they want or delay things until they find them ? Nowhere.

In theory you could apply immediately to the court to force compliance. In practice it's better to look reasonable by giving extra time however you still need to leave yourself enough time to comply with your cpr duties (filing a defence). I'd be nagging them every 2 days and emailing the jist of the conversation to them so you can use it to evidence the fact that an application is made as a last resort and not a litigation tactic to use procedure as a weapon.

M1

[Foxyflugel]

Re: Foxy v MBNA

Thanks for your reply M1. Do I advise the court of the email?

Do I reply to the solicitors email saying it should be 14 days?? not 10.

I just don't want to be pressured into a last minute rush if they are trying to play games.

How long do I give them to produce the documents??

Thanks in advance.

Foxy :tinysmile_hmm_t2:

[mystery1]

Re: Foxy v MBNA

You only advise the court when the parties have agreed an extension.

I'd reply to the solicitors asking for the full 28 days extension citing that they are in default of 31.15 and you need a decent amount of time to compile a defence in the event that they do comply with your request.

I'd make an application at around 11/10 days left for filing a defence.

M1

[Foxyflugel]

Re: Foxy v MBNA

Thanks M1 - is that 28 days from my calculated defence date? (I made it 4th April as the 5th/6th are weekend days. Could you double check my defence date calculatuin please?

Thanks

Foxy :tinysmile_aha_t:

[mystery1]

Re: Foxy v MBNA

Near enough. It could be said to be the Monday + 28 but 1/2 days is neither here nor there.

M1

[Foxyflugel]

Re: Foxy v MBNA

I received a reply saying they are currently seeking instruction from their client and will revert back to me when it is received.

How long do I give them? - as until they agree to the extension it leaves me with 8 days to my defence deadline.

Thanks

Foxy :thumb:

[mystery1]

Re: Foxy v MBNA

Do not let the time for filing a defence run out without taking action. I'd give 3 days to get the extension and if not apply to the court. If you get the extension then keep at them every couple of days emailing details of the call each time. With 11/10 days left you shoul apply to the court.

M1

[Foxyflugel]

Re: Foxy v MBNA

Thanks M1. :tinysmile_twink_t2:

[Foxyflugel]

Re: Foxy v MBNA

Morning

Well, I tried to push them to give me an answer on the extension by Friday and all they did was send me the same email saying they would get an answer off their client and revert back to me in due course.

My defence is due by the end of this week - so what do I do now??
What do I apply to the court for M1??

Thanks

Foxy

[Amethyst]

Re: Foxy v MBNA

Apply to the court for an order that they comply with your CPR request

http://www.legalbeagles.info/forums/...ic-information Post #3 onwards

WITH A HEARING - £80 - or if you are exempt from fees use the EX160 to claim exemption.

[Foxyflugel]

Re: Foxy v MBNA

I have spoken to the lady at the solicitors again today and followed this up with an email to her.

She said she is going to chase them today for an answer.

How long do I leave it Amethyst?? How long does it take for the court to look at my application for the order? Do I have to have a hearing?

If I have to apply to the court for an order - does this over ride my defence date?

Sorry for all the questions.

Thanks in advance - much appreciated as always.

Foxy :tinysmile_hmm_t2:

[Amethyst]

Re: Foxy v MBNA

Yes, the application will override the defence filing date, so long as you get it in before that date you should be okay but the longer the better really, so if they don't come back to you with a definate answer today then get the application in.

It is best to ask for the application to be dealt with at a hearing, in reality not many people actually have hearings as the court just orders the draft order off its own back, but as always with following this line you should be prepared in case a hearing is ordered. (Basically you just show up and say you can't defend because you have no information about the debt claimed).

[Amethyst]

Re: Foxy v MBNA

Ahh and to give you a boost on this process have a read this post http://www.legalbeagles.info/forums/...-DISCONTINUED-!

Doesn't happen all the time as on occassion they do supply the documents, but that's the ideal outcome.

[Amethyst]

Re: Foxy v MBNA

If your defence is due Friday then get your application in by Wednesday if you can xx