Proof of identity

[Amethyst]

Re: Proof of identity

So ref this letter



This is not an agreed extension as under CPR 15.5

So I would respond to that letter, I'll draft something in a tic, and still put your DEFENCE in on time ( ie 33 days from date of issue ).


Dear Mr X
CLAIM REF: XXXXXX
XXXXXXXXXXXXXX v ICRINA53

Thank you for your letter regarding my request for documents that you intend to rely on in court in the above claim.

I have some concerns. I requested, in my original letter, that your client agree to an extension pursuant to Civil Procedure Rule 15.5 for the filing of my defence. This was for the benefit of your client, and I am under no obligation to offer or agree to an extension - it is purely requested in order your client has time to provide the relevant documents. It is not for my benefit.

Your client should have had copies of these documents in their possession before bringing the claim. They set the time scales when issuing the claim. It appears to be an abuse of process to bring a county court claim against me when your client doesn't appear to have had sight of the relevant documents.

The court have not, as of this morning 11th February 2015, been informed of any extension by yourselves. In any case the maximum extension available under CPR 15.5 is 28 days, and it should be myself, the Defendant, who informs the court. I find your letter very misleading. I will therefore file my defence in the original timescales set by the court and will be asking the court to order your client to produce the documents within a sensible timescale.

Should your client produce the relevant documents then I reserve the right to make an application to the court to amend my defence and I will ask that the costs of this are awarded against your client.

Kind regards


JUST SIGN THE LETTER !

Icrinia53

[Amethyst]

Re: Proof of identity

The court staff are not very good. Sadly. and annoyingly.

The Extension can only be a maximum of 28 days, and it is agreed between the parties - the court don't get involved unless the agreement between the parties is breached ( ie they claim default judgment while within the extension period)

It is laid out in the CPR - Part 15

Agreement extending the period for filing a defence

15.5

(1) The defendant and the claimant may agree that the period for filing a defence specified in rule 15.4 shall be extended by up to 28 days.

(2) Where the defendant and the claimant agree to extend the period for filing a defence, the defendant must notify the court in writing.




See http://legalbeagles.info/forums/show...filing-defence

[icrina53]

Re: Proof of identity

I just phoned the court and they confirmed that no notice of 45 days extension was given to them by the solicitors so they're trying to sneak behind my back and hoping I will miss my defence day so they can take a ccj against me.
I am not sure if correct but the court informed me that is down to the solicitors to inform the court about the extension and not me. Also , I've been told that when I sent the letter I received with the extension offer , it will just be added to the file and nothing else , so I need to stick to filing my defence as per original date, 33days from the date on the court claim.
So it seems that the extensions don't make any difference at all.

[charitynjw]

Re: Proof of identity

You should notify the court, along with a copy of the letter.

Afaik, the 'normal' extension time is 28 days.

They might be trying to trick you - go by the court's timetable, not theirs.

[icrina53]

Re: Proof of identity

Thank you Kati for uploading the pic .
Now I am going to phone the Court to double check if they've been notified about the 45 days extension . If they didn't what do I do? i send them a copy of the letter?
If they did I suppose I need to wait for the documents ?

[Kati]

Re: Proof of identity

Is it just me - all I can see attached is a wee green box.

(Has Kati been on the gin again?)

:tinysmile_hmm_t2:

must be just you :lol:

(have YOU been on the Gin??)

Try this instead xx

[charitynjw]

Re: Proof of identity

reply received:

Is it just me - all I can see attached is a wee green box.

(Has Kati been on the gin again?)

:tinysmile_hmm_t2:

[Kati]

Re: Proof of identity

reply received:

[icrina53]

Re: Proof of identity

Many thanks for that , I will send it today .

[Nibbler]

Re: Proof of identity

Basically, yes. It's a search that only you can see anyway, so annoying, but not a huge deal.

[Amethyst]

Re: Proof of identity

I joust found out that the solicitors has done a search on my credit report . Is this allowed? I thought that any company has to have permission to do that . Is that correct or I am in the wrong here?

They are trying to figure out your identity by the sounds of it. [MENTION=1508]Nibbler[/MENTION] will know better than I, but guessing wise the original agreement gives permission for the creditor to report/search credit file, so that right passes over to assigned owner of debt and solicitors acting on their behalf ...

[Amethyst]

Re: Proof of identity

That's a weird request that I haven't heard before, and although usually I'd say just sign the letter, this isn't that, a 'specimen' signature ? They have no entitlement to ask for that at all. They must have some concerns over your ID.

Roughly.


Dear Ms Child

REF: County Court Claim XXXXX

Thank you for your letter. I am concerned that you are requesting a specimen signature from me. You have brought court proceedings against me for an alleged debt and I am entitled to inspect the documents on which you are relying in that claim.

I am also concerned that despite requesting a specimen signature to compare against the alleged credit agreement, when you do not appear to have had sight of the credit agreement and do not expect to have it within the next 45 days. I'm quite sure that any checks as to my identity should have been undertaken before court action.

With respect your clients have chosen to take legal action against me, and by doing so have set the timescales. If you are uncertain that you have brought your claim against the correct person then I would respectfully suggest that your clients consider discontinuing the claim.

Otherwise I shall be filing and serving my defence according to the civil procedure rules, and will be asking the court that your client provide the documents on which they intend to rely.

Regards

same squiggle as before

YOUR NAME

[icrina53]

Re: Proof of identity

I joust found out that the solicitors has done a search on my credit report . Is this allowed? I thought that any company has to have permission to do that . Is that correct or I am in the wrong here?

[icrina53]

Re: Proof of identity

Got it xx

They ask me for a specimen signature that corresponds with the one on the agreement? I signed the CPR request , more of a scribble than a signature but why they need 45 days if they have the agreement . Are they just bluffing ? Should I write them back or just ignore and continue with filling my defense as normal? In this second letter they refer to me only by surname no more middle name and is spelled wrong as well

- - - Updated - - -

Good morning Icrina,

Responding to your PM.I have noticed that we don't know which company/solicitors we are
dealing with here.

A 45 day time scale for CPR request sounds like Cabot/ N]Mortimer Clark??

If you can post a copy of the sols letter it would help.

I'm sure LB team member @Kati will be able to assist you in posting it hear.

nem

Is Cohen Cramer solicitors acting on behalf of Lowell Portofolio .
Your help is very much appreciated , thank you!

[Kati]

Re: Proof of identity

Got it xx