Claim form defence wording and next steps.

[nemesis45]

Re: Claim form defence wording and next steps.

One important point with the CCA Request. Please make sure it is addressed to Hillesden Securities Ltd Trading as DLC also make PO payable
in that full name, there's some " fiddling around " going on if this is not done.
BH has sold the debt and has no further interest.
We can work on a defence with you, have a look at similar threads and defences so you have an idea of content and format,
this will help you make a draft which you can post here so we can go through it with you.
PS there a whole portfolio of old BH debts being chased at present many SB one too it seems.

nem

nem

[coys67]

Re: Claim form defence wording and next steps.

Just a quick update.

I posted both the letters linked to above with the PO on the 4th Jan,sent them both first class signed for but haven't received a reply from either yet.

Working out the date my defence is due by using the calculator linked by Kati,the issue date was 14 Dec 2015 + 33 days = Sat 16 Jan which is 4 days time.

Should i wait another couple of days before putting in a defence in case they reply or get in done sooner rather than later,any guidance would be gratefully received.

[coys67]

Re: Claim form defence wording and next steps.

I received a letter from Mortimer Clarke the solicitors handling the case this morning and was hoping that someone could answer a couple of questions and maybe give me a few tips on how to proceed.

The letter says, "We confirm our client is willing to agree to the extension of 28 days for you to file your defence"

Is that an extra 28 days,if so when does that 28 days start from or is it the 28 days i have had already since filing an intention to defend on MCOL?

It then says "pursuant to CPR 15.5(2) please notify the court in writing of the agreement"

"CPR 31.14 relates to a right to inspect a document and can be distinguished from standard disclosure of evidence during the course of proceedings.

We believe that you may have already "inspected" the documents to which you make reference because on various dates in the past they would have been sent to you by another party such as the original creditor.

We would be grateful if you could confirm what documents you have in your possession or control relating to this matter to avoid duplication over document inspection.We will then take our clients instructions"

I have no documents or paperwork relating to this case,are they just trying to make me miss the defence deadline or have i got another 28 days to contact them to tell them that and should i send a letter to the court as they said and if so what "agreement" are they referring to pursuant to CPR 15.5(2)

Any help or pointers on this would be much appreciated.

[nemesis45]

Re: Claim form defence wording and next steps.

I received a letter from Mortimer Clarke the solicitors handling the case this morning and was hoping that someone could answer a couple of questions and maybe give me a few tips on how to proceed.

The letter says, "We confirm our client is willing to agree to the extension of 28 days for you to file your defence"

Is that an extra 28 days,if so when does that 28 days start from or is it the 28 days i have had already since filing an intention to defend on MCOL?

It then says "pursuant to CPR 15.5(2) please notify the court in writing of the agreement"

"CPR 31.14 relates to a right to inspect a document and can be distinguished from standard disclosure of evidence during the course of proceedings.

We believe that you may have already "inspected" the documents to which you make reference because on various dates in the past they would have been sent to you by another party such as the original creditor.

We would be grateful if you could confirm what documents you have in your possession or control relating to this matter to avoid duplication over document inspection.We will then take our clients instructions"

I have no documents or paperwork relating to this case,are they just trying to make me miss the defence deadline or have i got another 28 days to contact them to tell them that and should i send a letter to the court as they said and if so what "agreement" are they referring to pursuant to CPR 15.5(2)

Any help or pointers on this would be much appreciated.

Good morning Coys

Do you already have a thread on this claim?

Your Points:
1. This is a standard template letter, use when the claimant as no documents to back up the claim.

Reply is along the lines of.

Re: CC Claim No........................................:

Thank your for your letter dated ............................: received on ........................: I Will/have informed the court of the extension of 28 days.

As to your request for information regarding documents I may have received at any time in the past any such document will be disclosed
when appropriate in the progress of this claim.

As you are aware CPR31.14 stil applies to this claim until it is allocated to the small claim track, please therefore supply the documents
requested by return of post.

Failure to comply will be brought to the attention of the court.

Yours etc.
Send by signed for post.

Yes you have the extra time to file a defence.

nem

2. Inform the court in writing of the extension send a copy of the letter as well.

[coys67]

Re: Claim form defence wording and next steps.

Good morning Coys

Do you already have a thread on this claim?

Your Points:
1. This is a standard template letter, use when the claimant as no documents to back up the claim.

Reply is along the lines of.

Re: CC Claim No........................................:

Thank your for your letter dated ............................: received on ........................: I Will/have informed the court of the extension of 28 days.

As to your request for information regarding documents I may have received at any time in the past any such document will be disclosed
when appropriate in the progress of this claim.

As you are aware CPR31.14 stil applies to this claim until it is allocated to the small claim track, please therefore supply the documents
requested by return of post.

Failure to comply will be brought to the attention of the court.

Yours etc.
Send by signed for post.

Yes you have the extra time to file a defence.

nem

2. Inform the court in writing of the extension send a copy of the letter as well.

Thanks for the reply nemesis

I thought this was the thread for my claim but i am not very forum savvy tbh so i am not to sure.

When would the extra 28 days start from,the issue date on the court claim form was 14/12/2015 and i filed an intention to defend within a couple of days,going by what was said on this thread i was working on 33 days from the date on the court papers to file a defence which would take me to 16 Jan which is this Saturday would the extra 28 days start from then?

What wording would be used to inform the court of the extension.


Dear sir or madam

RE claim no xxxxxxx

I have been informed by the claimants solicitors Mortimer Clarke that they agree to a 28 day extension for me to file my defence pursuant to CPR 15.5(2)

Yours Faithfully.


Would that be sufficient or would more detail needed to be added apart from my name and address.

Thanks for your time on this nemesis its much appreciated.