Court summons while living abroad, limited time to respond

[charitynjw]

Re: Court summons while living abroad, limited time to respond

You've already sent a CCA Request (what date was that sent?) and you've been told by Howard Cohen that they don't have the documents. Ditto their response to your CPR 31.14 Request.

Di

This is for an (assumed) overdraft?

I agree that sight of the particulars of claim (or a verbatim) would be an advantage.

[Diana M]

Re: Court summons while living abroad, limited time to respond

So the potential course of action would be to send the two requests, then file a defense .

Yes

I believe the LB CPR 31.14 Request template letter refers to the potential to seek more time but you must request that in writing not over the the phone which can be denied.

Proceed on the basis that no extension will be granted just in case it isn't.

Di

[nemesis45]

Re: Court summons while living abroad, limited time to respond

Whilst Sam has written a letter from Hungary and waits for a reply it could well too late to do anything at all., Cohen will take any opportunity to get a judgment.

nem

[Diana M]

Re: Court summons while living abroad, limited time to respond

Whilst Sam has written a letter from Hungary and waits for a reply it could well too late to do anything at all.

Fair point, but I was assuming that email was available in Hungary and that the family member who had alerted the OP to the claim in detail could scan/email stuff to/from them (by smart phone possibly?).

The OP has access to the internet since they're posting on the forum.

The Defence can be filed online.

Maybe the family member can post letters on behalf of Sam including the £1 postal order. A 'squigge' signature will do.

Royal Mail's website says mail to/from Hungary takes 2-4 days so not all bad.

Di

[nemesis45]

Re: Court summons while living abroad, limited time to respond

Fair point, but I was assuming that email was available in Hungary and that the family member who had alerted the OP to the claim in detail could scan/email stuff to/from them (by smart phone possibly?).

The OP has access to the internet since they're posting on the forum.

The Defence can be filed online.

Di

Cohen I think does not accept service of documents by e-mail, and in recent experience a request for an extension by e-mail was totally ignored.

nem

[Diana M]

Re: Court summons while living abroad, limited time to respond

I send everything by email backed up by post. That covers all bases.

The only other advice on this thread is for the OP to pay the debt which would be a pity.

Di

[HungarySam]

Re: Court summons while living abroad, limited time to respond

Hi all - I am really grateful for your help,

I was going to mail the documents using DHL from here, the normal post service is fairly efficient but there isn't a way I can have proof they have been sent.

The defense I would file online.

Sorry to go through this again I just need to be clear -

Can send a a 77/78 CCA and CPR 31.14 Request despite them not having enough time to respond. Can I do that today then file the defense online before the deadline acknowledging that they have only been sent recently?

Or

I send the requests then apply for a time extension to make sure they have the required amount of time before then filing my defense?

[charitynjw]

Re: Court summons while living abroad, limited time to respond

The template CPR letter incorporates an invitation to the deadline extension.

If it were me I'd send them anyway, & word the defence to suit closer to the deadline (or if accepted, extended deadline).

Whichever, make sure you stick to the court's timetable.

[HungarySam]

Re: Court summons while living abroad, limited time to respond

The template CPR letter incorporates an invitation to the deadline extension.

If it were me I'd send them anyway, & word the defence to suit closer to the deadline (or if accepted, extended deadline).

Whichever, make sure you stick to the court's timetable.

Thank you very much.

I have just noticed that the 77778 CCA request does not cover overdrafts. Is there something similar to request the original documents for an overdraft?

[charitynjw]

Re: Court summons while living abroad, limited time to respond

Thank you very much.

I have just noticed that the 77778 CCA request does not cover overdrafts. Is there something similar to request the original documents for an overdraft?

No, only the CPR request, but you can SAR HSBC for data if you need it.
http://www.legalbeagles.info/forums/...ur-information

[HungarySam]

Re: Court summons while living abroad, limited time to respond

Also, I am just writing my CPR 31.14 and am completing the section on requesting documents.

The summons states:

This claim is for the sum of £1089 in respect of monies owed pertinent to an overdraft facility under bank account number x.
The debt was legally assigned by MKDP (Ex HSBC) to the claimant and notice has been served. The defendant has failed to repay overdraft sums owing under the terms and conditions of the bank account.

I assume I am asking for the assignment here. Do I need to ask for anything else?

[HungarySam]

Re: Court summons while living abroad, limited time to respond

Also, regarding my defense - I have only seen this example on here http://legalbeagles.info/forums/show...t-Court-Claims
which seems to be specific to debts covered by the CCA (which an overdraft is not?)

Are there other examples available, I have not found any.

[charitynjw]

Re: Court summons while living abroad, limited time to respond

which seems to be specific to debts covered by the CCA (which an overdraft is not?)

Overdrafts are exempt via s74 CCA from Part V of the CCA, amongst which is duty to supply info via ss77 or 78.
I believe they (o/d's) are subject to other parts of the CCA, though.

[nemesis45]

Re: Court summons while living abroad, limited time to respond

Hi all - I am really grateful for your help,

I was going to mail the documents using DHL from here, the normal post service is fairly efficient but there isn't a way I can have proof they have been sent.

The defense I would file online.

Sorry to go through this again I just need to be clear -

Can send a a 77/78 CCA and CPR 31.14 Request despite them not having enough time to respond. Can I do that today then file the defense online before the deadline acknowledging that they have only been sent recently?

Or

I send the requests then apply for a time extension to make sure they have the required amount of time before then filing my defense?

Both at the same time, CCA to claimant CPR to solicitors + the request for an extension.

nem

[HungarySam]

Re: Court summons while living abroad, limited time to respond

Both at the same time, CCA to claimant CPR to solicitors + the request for an extension.

nem

Hi nem,

I'm trying to figure out how to write my defense but I'm really struggling. I am writing it knowing that my two requests for information have been sent late so is it best to acknowledge that or not mention it.

Trying to do this abroad just seems to add another level of difficulty.