County Court Claim Form Received !!!

[Amethyst]

Re: County Court Claim Form Received !!!

Hi Nibbler

What if they decide to ignore the CCA or CPA letters and my date runs over or they state i havent even tried to make a defence has this ever happended ??

Kind Regrards

You put your defence in before day 28 regardless of them replying - have a look at a draft defence http://www.legalbeagles.info/forums/...t-Court-Claims - which basically can say they failed to reply - which looks shoddy on them.

So they can ( and probably will ) run over the dates, but you won't - so they will be playing catchup.

[nemesis45]

Re: County Court Claim Form Received !!!

I've given @Nibbler and @nemesis45 a shout for you.

responding [MENTION=332]EXC[/MENTION] nem

[skyman]

Re: County Court Claim Form Received !!!

Hi Everyone,

Please advise me with the letter I have received from DLC regarding the CCA Request to Hillesden for a copy of the agreement.

I haven't receive CPR response yet, but what action do I need to take now?


Thank you and happy new year in advance.

[Stu]

Re: County Court Claim Form Received !!!

It will be stayed if they don't respond at all, so you must contact the court, also no action can be taken if they do respond but have not supplied your requested info no CCA no CCJ

[skyman]

Re: County Court Claim Form Received !!!

Hi thank you STU82.


On the letter I received DLC mentioned that, I need to wait for 21 days for them to be able to get the documentation from original lender Black Horse LTD.

Can you please tell me when do I have to contact the Court ? and what would I need to write?

Thank you so much for helping me.

[Stu]

Re: County Court Claim Form Received !!!

Its a must you have to file your defence in 28 days... unless... as they have asked for you to wait 21 days, the time scale is still moving, you must Wright to them and ask for an extension to the 28 days so you have time to receive your paperwork that you will need to be able to file your defence .... and if they respond YOU have to notify the courts of the extension... If they don't you must file your defence any case and use their unwillingness and lack of paperwork as part of the defence

And no worries Skyman the very little I know is all I took on board from the help off this fine forum... A great bunch of people

[skyman]

Re: County Court Claim Form Received !!!

Thank you STU84.


Based on the 28 days, I have already asked the below in my CPR 3.14 letter ,
"""""I require inspection of documents you mentioned in your statement of case ahead of filing my defence on20-01-2016"""""

In this case since I have sent my CCA and CPR letter on the 17th and now DLC telling me to wait around 21 days ,, can I just wait until

the 20/01/16 which I mentioned in my CPR 3.14 letter, and if I don't hear from them at all before the date I have informed them, then I file your defence.

hope you understand what I mean. if you do is that ok?

Thank you

If you are not sure can Nibbler or nemesis45 help with this please.

[Kati]

Re: County Court Claim Form Received !!!

:bump: for [MENTION=1508]Nibbler[/MENTION] and [MENTION=55034]nemesis45[/MENTION] xx

[Debt Camel]

Re: County Court Claim Form Received !!!

What if they decide to ignore the CCA or CPA letters and my date runs over or they state i havent even tried to make a defence has this ever happended ??

If you don't get any replies, which is not uncommon, you need to enter a defence within the timescale, otherwise they will get a judgment by default.

[Stu]

Re: County Court Claim Form Received !!!

The Solicitors have 7 day to comply to your CPR, which they have done, by stating they will need 21 days to sort the documents out, now if they are needing all of the 21 days thats not going to leave you much time to file your defence after receiving your paper work so as their time is up/replied back you need to ask them for an extension on the 28 day time scale, they can say "yes" they can say "no" or not even reply at all (which is what happened in my case) so i had to file my defence with pointers stating they did not comply with my CPR.... And as they didn't I cant fully defend my case.... but remember you must file your defence if no extension is given as they win by default...

As stated Nem is whohelped me ...Very greatfull thanks Nem... so sure he will be on soon to better advise

[skyman]

Re: County Court Claim Form Received !!!

Thank you very much Stu84,


By the way on the letter I received today it didn't come from the Solicitors for my CPR, its from DLC
responding for the copy of the agreement.

Do you have the both templates please? first template for an extension from DLC Solicitors.
Second template for stating they did not comply with my CPR.

Also do I have to ask for an extension from DLC Solicitors or the DlC company?


Thank you so much for assisting me.

[Stu]

Re: County Court Claim Form Received !!!

Skyman

123 Street
AB12 0CD

Claim No. ********

Issued on : ** December 2015

I am emailing/writing with reference to the above Claim, that was issued on the above date.

In view of the fact that your company has not supplied me with the paperwork i requested on the ** December 2015 in which I need to assess my situation and prepare my defence, would you (The Solicitors) kindly agree to a 28 day extension as allowed by CPR 15.5.

Kind regards

[skyman]

Re: County Court Claim Form Received !!!

Thank you so much stu84

I will use this template and will post the letter on Saturday and will wait untill 20th Jan if I didnt get response either yes or no for a 28 days extension then I will file my defence.

I will post here the update.

Thank you so much for assisting me.

[Stu]

Re: County Court Claim Form Received !!!

[MENTION=6]Amethyst[/MENTION] as this is a 2 way thread now to not let Howie94 from being over run could these be separated I think skyman might already have thread...

Sky man I think you will leave yourself very much short of time, if you don't here anything in a week prepair your defence and get it in...

[skyman]

Re: County Court Claim Form Received !!!

Ok I will arrange my defence in a week time if I dont hear from DLC solicitors.

Thank you