1st Credit (Judge & Priestley) RBS OVERDRAFT Summons

[Neil77]

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

As long as there's suffering, there'll always be people happy to feed off of it.

Fingers crossed and let's see what comes back from Northampton.

Thanks again,

[Neil77]

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

Hi,

I hope everyone's well.

I had the response to my application drop through the door this morning and I'm a little unsure as to whether it's a good thing or not.

The judge has has agreed that they should disclose and has given them 14 days to do so instead of our 7.
The judge has then struck out our part about 'if the claimant fails to comply with paragraph 1 the claim shall struck out without further order'.
They've also struck out the paragraph about 'reserving my right to amend this defence with the costs of the same paid by the the claimant'

My main question is, what does this mean if the claim isn't to be struck out without further order? Does this just mean it hangs in limbo? Does it mean they have 14 days, but if it takes the, 28 it can still proceed ? It seems a tad ambiguous.

Thanks
Neil

[Amethyst]

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

Hi,

I hope everyone's well.

I had the response to my application drop through the door this morning and I'm a little unsure as to whether it's a good thing or not.

The judge has has agreed that they should disclose and has given them 14 days to do so instead of our 7.
The judge has then struck out our part about 'if the claimant fails to comply with paragraph 1 the claim shall struck out without further order'.
They've also struck out the paragraph about 'reserving my right to amend this defence with the costs of the same paid by the the claimant'

My main question is, what does this mean if the claim isn't to be struck out without further order? Does this just mean it hangs in limbo? Does it mean they have 14 days, but if it takes the, 28 it can still proceed ? It seems a tad ambiguous.

Thanks
Neil

Have they sent an order or just sent you yours with those bits crossed out?

14 days is okay, it should be 7, but then it should only be used in fast track, so it's good you've got the order for them to supply the documents.

But without an unless element to the order it does seem a little pointless - I would expect if they don't supply within the 14 days the case will be stayed. We could then apply for a strike out.

[Neil77]

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

Hi Sharon,

They've sent back a General Directions Order as we'll as sending mine back with the bits crossed out. It's signed and stamped in several places... It reminded me of being back at school it had that many alterations.

Thanks for confirming my initial suspicions. They've also got the date wrong and put my application date as 27th June 2014 and not May.

The he claimant has until 30th June.

Why hey would they strike out the struck out bit?
Am I allowed to give the judges name, does it make a difference?

Thanks
Neil

[Amethyst]

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

You can google him, and LegalBEAGLES, if he's known he'll come up....

The order has had the desired effect anyway they have to supply the documents to continue with the case so all good.

It would be interesting to see the docs they have sent you back if you fancy scanning them in... (not necessary just me being nosey and liking to have the source of information)

[Neil77]

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

No, nothing there.... He doesn't even come up on a google search.

Ok, I don't mind doing that, for the benefit of others. I'll do it tomorrow as they've got my details all over them.

Thanks for all your help.

[Neil77]

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

Hi there, I hope everyone's well.

Firstly, sorry for the delay in scanning the mail I got. I work in an open office and don't want everyone to know my business. Posting it on a forum doesn't count.:tinysmile_twink_t2:

Secondly, the deadline for 1st Credit producing the documents in the order has been and gone. I had a letter about two weeks ago informing me of a change of solicitor to an internal bod at 1st Credit and that all future correspondence be directed to them. However, nothing after that.

What's my next step? As the judge removed the the auto strike out on my request, do I now need to submit a separate request to strike? Will this also mean it's removed from my credit file?

Thanks, as always .
Neil

[Amethyst]

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

Really need to see the order...(not that I don't believe what you have said about it just I prefer to see the actual document just in case anythings been missed) can you just do a photo of it and upload that?

Have you spoken to the court to check with them if anything has been received ? If not, give them a call and check.