McDionne V's Cabot

[McDionne]

Good afternoon,

I too have received a ccj claim dated 22nd December 15. I have completed the acknowledgement of service giving me 28 days (until 24th January 16 according to court) I also sent the CPR to the solicitors and CCA to the claimants on 30th December 2015. I contacted solicitors today and have been informed they have placed account on hold as I have disputed and they will be extending the court dates to gather evidence from client. I requested for this information to be provided in writing, however wondered if you guys have any further guidance or action I should/could be taking?

Thanks in advance

[Amethyst]

Re: McDionne V's Cabot

Sounds like things are going well so far. Now, as the Claimant they cannot extend the court deadline, you need to do that, so they should put in writing to you that they are agreeable to the extension ( a MAXIMUM of 28 days) and then YOU inform the court ( have a look http://legalbeagles.info/forums/show...filing-defence )

You want to keep them to the 28 days maximum as it is in your favour if they can't get the documents in time... and they set the timescales and SHOULD have had sight of the documents before bringing the claim.

[McDionne]

Re: McDionne V's Cabot

Awww I see. I was getting a bit confused when the advisor said they were requesting an extension. It makes sense now. Thanks so much for responding so quickly. I looked at your template too.
Am I right in thinking I'm not under any liberty to agree to an extension? (As in continue with hearing on 24th Jan?)
If the documents are not provided by this date. What would I do next?

[Amethyst]

Re: McDionne V's Cabot

Is your hearing on the 24th Jan or is that when your defence is due to be filed?

ccj claim dated 22nd December 15

ok should be when your defence is due ( unless you are in Scotland ? just checking )

You don't have to agree to the extension - but if you used the templatey 31.14 request it does ask for the claimant to agree to an extension so it was really at your instigation.... and it does serve you better in court later if youhave been reasonable and allowed them a further 28 days to get their act together... the court is less likely to allow them further time.

[McDionne]

Re: McDionne V's Cabot

Hello again,

My defence is due on 24th January. Slight problem. I am away for a few days until 24th and to date still haven't received any paperwork from claimant (apparently the letter stating they required further time etc)

I'm not too sure what to do now due to time constraints.

[McDionne]

Re: McDionne V's Cabot

Me again!

Just a quick query,

I filed my defence 24th January 2016 and received a letter from the court stating they had sent a copy to the claimant and they had 28 days to reply.

I have heard nothing from the court or the claimant/solictors until today - received a letter from the actual claimant responding to my request of section 77-79 of the consumer act 1974. In their letter they state they have requested this info (credit agreement)from the original lender and in the meantime my account is on hold.
They go on to state my credit agreement in unenforceable which means they are not permitted to obtain a judgemnt or decree against me in court. 'However I am still obliged to repay outstanding balance as confirmed in this letter'

Does this mean a decision has come back from the court? I haven't anything from them as yet. Any suggestions on what I need to do now? TIA

[NWHC]

Re: McDionne V's Cabot

You are not obliged to repay the outstanding debt although some would say you are morally required to. I am not one of those.

As you filed your defence the claim should now be stayed although I would call the court tomorrow and check

How long is it since you had the letter saying they were looking for the agreement?

Just quickly
How much was the claim for
When was the account opened?- that could be important , if it was pre 2007 then the agreement needs to be of a certain standard, if afterwards pretty much any old crap will do so long as what they send is what you signed

[McDionne]

Re: McDionne V's Cabot

Thank you

The letter is dated 23rd March 2015 (must have been held up over Easter) ONLY one since initial request was sent in December 2015.

I was initially disputing balance when out of the blue they sent a court claim. Initial agreement date was 2006.

I will call court tomorrow (is it not normally put in writing?)

P.s the balance is £800.65

[Noah]

Re: McDionne V's Cabot

They don't tell you that it has been stayed , you need to ask.

[McDionne]

Re: McDionne V's Cabot

I see. Thank you. I will deffo contact them tomorrow then.