Court claim for overdraft

[pawlik]

Re: Court claim for overdraft

Has the DCA said they will apply to the court to lift the stay ? Have they sent you a copy of the agreement ? or is it just a general chasing letter ?

The DCA just sent me a general letter for Payment. No documents have been provided and no mention of applying to court to lift the stay. I just wanted to be sure that I fill in the N244 correctly for non compliance of CPR Part 18 request for further information.

Re: Court claim for overdraft

The DCA has wrote me a letter for payment however the case is still stayed. On what basis do I ask the court to strike out? Non compliance of CPR 18?

Did you send a Part 18 request for further information? Like a CPR 31.14 request, a Part 18 can also be enforced with an N244 which has been mentioned above. Like Part 31, Part 18 of the CPR does not apply to small claims so that can be an argument to oppose your application, unless it was over £10k, it's not obvious on this page how much the value of the claim is, but there are few overdrafts over £10k.

If the claimant did not reply to your defence, the case did not proceed further and did not get allocated to any track so that's the other side of the argument. However, if you are applying for strike out, it wouldn't be on the basis of non compliance with your Part 18 request (if that's what you meant).

[sloane82]

Re: Court claim for overdraft

Hi who was the, overdraft fee's with? and for how much for?

[Amethyst]

Re: Court claim for overdraft

The DCA has wrote me a letter for payment however the case is still stayed.

Has the DCA said they will apply to the court to lift the stay ? Have they sent you a copy of the agreement ? or is it just a general chasing letter ?

[sloane82]

Re: Court claim for overdraft

CPR ruling 18.1 -2 and get more, time to check out, what evidence, you have also throw the Oliver Foster Burnell case, and the unfair term's in consumer contract regulation's 1999, check the Oliver Foster Burnell case, and other rulling's, i'll check your paperwork, how much does the bank owe you, also check the statute limitation's act 1980, and appeal, statute barred notice's, by appealing, as you have wrote, lot's of letter's.

[pawlik]

Re: Court claim for overdraft

The DCA has wrote me a letter for payment however the case is still stayed. On what basis do I ask the court to strike out? Non compliance of CPR 18?

[pawlik]

Re: Court claim for overdraft

The DCA has wrote me a letter for payment however the case is still stayed. On what basis do I ask the court to strike out? Non compliance of CPR 18?

Get your particular's in order, they'll try to throw, out your case, as your particular's are not by CPR 31.14 but if you have good information to prove, ie Oliver Foster Burnell case. Unfair term's in consumer contract regulation's etc, breach of contract, etc etc etc, put load's of law's, you have a good case. Also contact Howlett Clarke Solicitor's and people. On hear and never give up you can and want to win, never back down. And hope for the best, i want you to win your case, good luck, and all the best.

[sloane82]

Re: Court claim for overdraft

Get your particular's in order, they'll try to throw, out your case, as your particular's are not by CPR 31.14 but if you have good information to prove, ie Oliver Foster Burnell case. Unfair term's in consumer contract regulation's etc, breach of contract, etc etc etc, put load's of law's, you have a good case. Also contact Howlett Clarke Solicitor's and people. On hear and never give up you can and want to win, never back down. And hope for the best, i want you to win your case, good luck, and all the best.

[pawlik]

Re: Court claim for overdraft

Hello All
I have managed to save the fee for the N244 form and will require assistance in completing the form.

Hello Reading.....


Ok, it is completely up to you. They should not have bought the claim without the correct documents and you have given them warning you will be filing an application due to non compliance witht he CPR 31.14 request - so I think you should do it. There's some help with that http://www.legalbeagles.info/forums/...order-at-court but post up as you go through it as it's been a while since anyone had gotten around to doing an application. It could drag on for months otherwise, you do risk them suddenly locating the documents and avoiding a strike - but on the other hand they might just pull out or the court might strike them out. No guarantees either way really so it is a gamble, but in my mind it's better than watching the letterbox for months on end.

[Amethyst]

Re: Court claim for overdraft

Hello Reading.....


Ok, it is completely up to you. They should not have bought the claim without the correct documents and you have given them warning you will be filing an application due to non compliance witht he CPR 31.14 request - so I think you should do it. There's some help with that http://www.legalbeagles.info/forums/...order-at-court but post up as you go through it as it's been a while since anyone had gotten around to doing an application. It could drag on for months otherwise, you do risk them suddenly locating the documents and avoiding a strike - but on the other hand they might just pull out or the court might strike them out. No guarantees either way really so it is a gamble, but in my mind it's better than watching the letterbox for months on end.

[EXC]

Re: Court claim for overdraft

I'll give [MENTION=6]Amethyst[/MENTION] a shout.

[pawlik]

Re: Court claim for overdraft

You can try but the court might come back and say you require a hearing. It is a bit airy fairy whether the £50 and £155 are with notice/without notice or with consent/without consent or even with a hearing/without a hearing.

4 months is too long and the claimant set the timescales so I think an application now would at the very least get an order to produce the documents within a sensible timeframe ( like 14 days).

The solicitors have written to me to apologise for the delay as they are waiting for a 3rd party and there is no prejudice with claim being stayed. On the n244 form do I ask for strike out or unless order? This has now been dragging on for 5 months now and I am keen to get this resolved.

[Amethyst]

Re: Court claim for overdraft

You can try but the court might come back and say you require a hearing. It is a bit airy fairy whether the £50 and £155 are with notice/without notice or with consent/without consent or even with a hearing/without a hearing.

4 months is too long and the claimant set the timescales so I think an application now would at the very least get an order to produce the documents within a sensible timeframe ( like 14 days).

[pawlik]

Re: Court claim for overdraft

OK it may need threatening to apply for a strike out.
4 months is to prolonged.

nem

I resent the same letter to the court this time by recorded delivery. I have been sent a N244 form to fill in with a £50 fee. The issue I have is that I wrote a letter to Restons asking them to withdraw otherwise as their client has been unable to provide the documents and I may apply for strikeout with costs. Is this letter giving notice?
My understanding is that £50 fee is only when no notice has been provided to the other side.
Restons will not withdraw as their client are still waiting for the documents from original creditor. Shall I fill in the n244 form with £50 fee?

[nemesis45]

Re: Court claim for overdraft

I sent letter to the solicitors asking their client to withdraw their claim. They have written back after a month saying apologies for the delay but they are still waiting for documents from their client after 4 months!!!!!

OK it may need threatening to apply for a strike out.
4 months is to prolonged.

nem