Past the 14 day reply limit, advice appreciated.

[TVJonesClassic]

My partner has received a claim from Cabot / Drydens through the Northampton County Court and unfortunately she did not open her mail until today. The claim is dated 18th September which puts it as of today, 4 days outside the 14 day deadline.

Is it still possible to go the CCA/CPR route or is that option now closed?

Thanks.

[FlamingParrot]

Re: Past the 14 day reply limit, advice appreciated.

My partner has received a claim from Cabot / Drydens through the Northampton County Court and unfortunately she did not open her mail until today. The claim is dated 18th September which puts it as of today, 4 days outside the 14 day deadline.

Is it still possible to go the CCA/CPR route or is that option now closed?

Thanks.

They should attempt to acknowledge service online on the MCOL site or failing that, by email, a.s.a.p: http://www.legalbeagles.info/forums/...313#post499313

With a bit of luck, they may not yet have requested default judgment. ray: ray: ray:

Once they've got that bit covered, they can carry on with the CCA/CPR letters. :typing:

Do keep us posted! opcorn:

[TVJonesClassic]

Re: Past the 14 day reply limit, advice appreciated.

Thanks! Will do.

[Celestine]

Re: Past the 14 day reply limit, advice appreciated.

The claim may be dated 18/9 but on what date did she actually receive it? Does the envelope have a postmark?

[TVJonesClassic]

Re: Past the 14 day reply limit, advice appreciated.

No postmark. I was thinking it was about two weeks which is why I encouraged her to open it today.

I made the Acknowledgement of Service return at Money Claim online and that seems to have gone through OK. In the guidelines there it says up to 28 days if the claim has not been processed (or words to that effect). Sorry to be imprecise, I did copy with a view to pasting here but lost it and can't get back in to those guidelines now.

Another small (?) matter is that the claimant is Cabot Financial (UK) Ltd and on browsing around here I found the thread about them being not currently licensed. That might add something to the mix, I'll let you know what happens.

Edit to add: I just saw the maternity leave note in your signature- congratulations!

[FlamingParrot]

Re: Past the 14 day reply limit, advice appreciated.

No postmark. I was thinking it was about two weeks which is why I encouraged her to open it today.

I made the Acknowledgement of Service return at Money Claim online and that seems to have gone through OK. In the guidelines there it says up to 28 days if the claim has not been processed (or words to that effect). Sorry to be imprecise, I did copy with a view to pasting here but lost it and can't get back in to those guidelines now.

That's good news. :clap2: They don't always request default judgment right on the dot.

Another small (?) matter is that the claimant is Cabot Financial (UK) Ltd and on browsing around here I found the thread about them being not currently licensed. That might add something to the mix, I'll let you know what happens.

Ah, yes, there's also this one: http://www.legalbeagles.info/forums/...223#post582223 :grin:

Edit to add: I just saw the maternity leave note in your signature- congratulations!

Baby's nearly a year old...

[TVJonesClassic]

Re: Past the 14 day reply limit, advice appreciated.

I submitted the Acknowledgement of Service return at Money Claim online on the 11th October. Yesterday we received a letter from Drydens Solicitors dated the 13th stating that,

"We have not received any response from you to the Claim Form served on you in the above matter. Accordingly we have now requested that the Court grants Judgement in Default in favour of our client for the sum of...." etc.

Unfortunately we didn't immediately submit the CCA and CPR requests but can do that today.

I'm assuming Drydens can't immediately go to a track if we have the AOS submitted, even though it was a few days past the 14 day deadline, is this correct? Or is it the case that going to a track is the correct procedure but the timeframe will take into account our AOS? What might be the best way for us to proceed if Drydens have requested Judgement in error? Thanks.

[TVJonesClassic]

Re: Past the 14 day reply limit, advice appreciated.

Update- we sent CCA and CPR 31.14 requests, and received a reply to the CCA request stating it wasn't relevant as the claim related to a bank account overdraft.

Re. the CPR request, Drydens sent a letter dated 9th November which says,

"We can confirm that we are awaiting copy documents from our client in order for us to deal with your request.

Please be advised that as our Client requires to obtain the documents from the original creditor, this can cause a slight delay however, we can assure you that our file will remain on hold until we are in a position to provide our response." My bold- it's eight weeks now since my CPR request mashappy:.

What should we do now, chase Drydens or leave alone; can we ask for the case to be closed if they don't come up with the original documents within a certain time? Thanks.

[TVJonesClassic]

Re: Past the 14 day reply limit, advice appreciated.

Anybody? Advice appreciated, thanks.

[Amethyst]

Re: Past the 14 day reply limit, advice appreciated.

Answered on other thread.