1st Credit (Judge & Priestley) RBS OVERDRAFT Summons

[Neil77]

Re: 1st Credit (Judge & Priestley) RBS OVERDRAFT Summons

Will do.

And again, thank you for all your help.

[Neil77]

Re: 1st Credit (Judge & Priestley) RBS OVERDRAFT Summons

Hi, another update.

Received an email back from J&P, which seems vague... Will this qualify as CPR15.5? Should I just go for unless as they've obviously never haf the docs to begin with?

Good Afternoon MrXXXXXXX

I confirm that I have passed your requests onto my client who have in turn requested all documentation from the original creditor.

I cannot give you a time frame for when this will be received by, however, all action has been held on the account until the documentation is received and we will be sending regular chases.

Once this documentation is received we will grant you enough time to build your defence.

If you have any further queries, please feel free to contact me.

Kind Regards

XXXX



Account Manager - Legal
Judge & Priestley LLP

Thanks as always.
Neil

[Amethyst]

Re: 1st Credit (Judge & Priestley) RBS OVERDRAFT Summons

Bloody annoy me these companies think they can bring claims agianst people then keep them hanging about for months while they get their house in order to see if they actually have anything to back it up with, it's bloody stressful for the defendant. Anyway, so to me, NO, that's not good enough, they need a set deadline, and the CPR provides for a 28 days extension and that should be a dated extension. If they fail to supply documents by that date then you will be making an application to order them to supply them within a certain timeframe or be struck out, so I do think you should go back to them in those terms.

[Neil77]

Re: 1st Credit (Judge & Priestley) RBS OVERDRAFT Summons

Thanks Amethyst,

My deadline to enter my defence, is next Monday. I've said in my 15.5 request and 31.14 reminder that they have 7 days from today to produce the documents or I shall be filing an unless. Should I stick by those deadlines and file an unless? At the end of the day, will the courts not feel I've given them adequate time to provide me with the docs they should have to hand to support their claim? Plus, if they get 7 days to supply, there's a greater chance they'll fail miserably.

Thanks as always

[Neil77]

Re: 1st Credit (Judge & Priestley) RBS OVERDRAFT Summons

Right, update and I neeeeeed some help please,

Called J&P this morning and they're refusing CPR15.5.... As in they dont want to put a timescale on it as they know it takes them longer than that to get the docs.
He'd obviously been getting some lessons from someone, as today he told me that CPR15.5 also doesn't apply to DCA's and only applies to the original creditor?!
I'm now in a position whereby my defence is due on Monday, they're open ending until it suits them and I'm hanging around.

As he's refusing, do I now just hit them with a Unless order? I've done everything to get the docs, I don't want something filed slyly, and they're obviously playing a numbers game.

Thanks as always.

Neil

[Amethyst]

Re: 1st Credit (Judge & Priestley) RBS OVERDRAFT Summons

I'd hope the judge will agree with us that they should have had the documents before bringing the claim.

He should get a refund for his lessons as the CPR applies to the parties involved in the claim - they are the claimant therefore they must abide by the CPR.

He might have been getting confused with the CCA request - which also applies to the owner of the 'debt', which is they, so he's just wrong.

They can't bring a court claim and then stick it on hold indefinately, so no, I would go ahead with an application for an unless order.

The court is likely to take a month to deal with the application anywy, then order 28 days for the documents so that gives them two months to come up with the goods.

[Amethyst]

Re: 1st Credit (Judge & Priestley) RBS OVERDRAFT Summons

This is CPR 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 continue on their 'just put it on hold' path then this CPR will kick in

laim stayed if it is not defended or admitted

15.11

(1) Where –

(a) at least 6 months have expired since the end of the period for filing a defence specified in rule 15.4;

(b) no defendant has served or filed an admission or filed a defence or counterclaim; and

(c) the claimant has not entered or applied for judgment under Part 12 (default judgment), or Part 24 (summary judgment),

the claim shall be stayed(GL).

(2) Where a claim is stayed(GL) under this rule any party may apply for the stay to be lifted.

Personally I wouldn't want to let them hold things up in this way for a further 6 months. In some cases if they got away with that all the time they could bring claims before a statute barred deadline knowing they wouldn't have to back their claim up for seven or eight months.

[Amethyst]

Re: 1st Credit (Judge & Priestley) RBS OVERDRAFT Summons

Have you got everything you need for filing the application for the unless order ? If you need a hand just shout.

[Neil77]

Re: 1st Credit (Judge & Priestley) RBS OVERDRAFT Summons

Well, he definitely spoke of 15.5, and he certainly sounded as though he'd been coached. They also took hellish time getting that email to me, which gave me the impression it had been discussed and sent to purposefully be as vague as possible.

I thought an unless order gave 7 days to produce the documents? I'm right in saying its an N244 I need to use?

Many thanks.

[Amethyst]

Re: 1st Credit (Judge & Priestley) RBS OVERDRAFT Summons

From Post #3 in this thread http://www.legalbeagles.info/forums/...ic-information

Can you paste the email you got up?

Well, he definitely spoke of 15.5, and he certainly sounded as though he'd been coached. They also took hellish time getting that email to me, which gave me the impression it had been discussed and sent to purposefully be as vague as possible.

I thought an unless order gave 7 days to produce the documents? I'm right in saying its an N244 I need to use?

Many thanks.

[Neil77]

Re: 1st Credit (Judge & Priestley) RBS OVERDRAFT Summons

The one I sent is #9 for CPR15.5 and reminder of 31.14.... Their response is #17 which didn't drop in my inbox until 17:35 the same day.
The convo today was over the phone.

[Amethyst]

Re: 1st Credit (Judge & Priestley) RBS OVERDRAFT Summons

Shame.

We have had some judges say that defences must be entered before the application (which would mean CPR 31 doesn't apply as per CPR 27.2b) but we firmly believe they are incorrect and just being narky anti debtor, but it is a possibility they will try and argue that to stave off the order and ask the judge to make you defend. So I think possibly we should add an extra paragraph to the witness statement on CPRs.

[Neil77]

Re: 1st Credit (Judge & Priestley) RBS OVERDRAFT Summons

What should I do next.... N244, or as I've seen on the web a couple of times, enter a defence stating that I requested Docs and have had none sent and request my claim's struck out unless they submit within 7 days?

[Amethyst]

Re: 1st Credit (Judge & Priestley) RBS OVERDRAFT Summons

The N244 and the draft order and witness statement from http://www.legalbeagles.info/forums/...ic-information


You COULD do a defence instead if you can't find the £155 and aren't eligible for fee remission (EX 160 ). If so don't just bung a template it we need to word it specifically for your circumstances.

[Neil77]

Re: 1st Credit (Judge & Priestley) RBS OVERDRAFT Summons

I found a defence online that I thought was rather good..... Let me find it, I'll copy it up and you can let me know your thoughts.

I really really do appreciate this. Thank you. :tinysmile_grin_t: