Court summons while living abroad, limited time to respond

[nemesis45]

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

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.

Hello Sam,

Yes by all means acknowledge that ,

e.g. The defendant is Litigant in and domiciled outside the UK requests for inspection of documents on which the claimant intends to rely have been made via the provisions of CCA 1974 and CPR31.4 and he awaits replies.

nem

[HungarySam]

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

Hello Sam,

Yes by all means acknowledge that ,

e.g. The defendant is Litigant in and domiciled outside the UK requests for inspection of documents on which the claimant intends to rely have been made via the provisions of CCA 1974 and CPR31.4 and he awaits replies.

nem

Again, thank you for your help.

With regards to the defense - Cohen have 12 days to respond - do I need to state exactly the days I sent them? Is it best to request more time for them to respond in my defense? Do I just need to file my defense and state the date they were sent and nothing else?

The POC were 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.

So far I just have: What direction do I need to go in?


1. I received the claim xxxxxx from the Northampton County Court on 12th September.

2: Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.

3: This claim appears to be for an overdraft agreement regulated under the Consumer Credit Act 1974.

4: The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim.

5. The defendant is Litigant in and domiciled outside the UK requests for inspection of documents on which the claimant intends to rely have been made via the provisions of CCA 1974 and CPR31.4 and he awaits replies.

[nemesis45]

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

[QUOTE=HungarySam;681745]Again, thank you for your help.

With regards to the defense - Cohen have 12 days to respond - do I need to state exactly the days I sent them? Is it best to request more time for them to respond in my defense? Do I just need to file my defense and state the date they were sent and nothing else?

The POC were 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.

So far I just have: What direction do I need to go in?


1. I received the claim xxxxxx from the Northampton County Court on 12th September.

2: Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.

3: This claim appears to be for an overdraft agreement regulated under the Consumer Credit Act 1974.

4: The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim.

4.(a). The defendant is unable to reconcile the amount claimed with any account he may have had with the original credit and remains at a disadvantage not having access to relevant record.

5. The defendant is Litigant in and domiciled outside the UK requests for inspection of documents on which the claimant intends to rely have been made via the provisions of CCA 1974 and CPR31.4 and he awaits replies.

The CCA request is likely to be declined as this is an overdraft but it's worth a try. time scale on that is 12 + 2 Working days.
CPR 31.14 has a nominal 7 day timescale

The claimant has 28 days to respond to a defence.

[HungarySam]

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

[QUOTE=nemesis45;681747]

Again, thank you for your help.

With regards to the defense - Cohen have 12 days to respond - do I need to state exactly the days I sent them? Is it best to request more time for them to respond in my defense? Do I just need to file my defense and state the date they were sent and nothing else?

The POC were 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.

So far I just have: What direction do I need to go in?


1. I received the claim xxxxxx from the Northampton County Court on 12th September.

2: Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.

3: This claim appears to be for an overdraft agreement regulated under the Consumer Credit Act 1974.

4: The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim.

4.(a). The defendant is unable to reconcile the amount claimed with any account he may have had with the original credit and remains at a disadvantage not having access to relevant record.

5. The defendant is Litigant in and domiciled outside the UK requests for inspection of documents on which the claimant intends to rely have been made via the provisions of CCA 1974 and CPR31.4 and he awaits replies.

The CCA request is likely to be declined as this is an overdraft but it's worth a try. time scale on that is 12 + 2 Working days.
CPR 31.14 has a nominal 7 day timescale

The claimant has 28 days to respond to a defence.

I'm sorry, I am so confused by all of this and am not sure if I am doing something that is actually worth doing. I keep reading conflicting information and don't know what to do.

I have sent the CCA and CC 31.14.

My deadline for my defense is imminent, and of course I have not heard anything back.

If I submit my defense what happens next?

I've not been able to focus on anything else all week yet I feel none the wiser about what I am doing.

[nemesis45]

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

[QUOTE=HungarySam;681791]

I'm sorry, I am so confused by all of this and am not sure if I am doing something that is actually worth doing. I keep reading conflicting information and don't know what to do.

I have sent the CCA and CC 31.14.

My deadline for my defense is imminent, and of course I have not heard anything back.

If I submit my defense what happens next?

I've not been able to focus on anything else all week yet I feel none the wiser about what I am doing.

Timescales Sa.

Time to file defence : 28 days from the date the claim was Issued.

Timescale CCA req. 12 + 2 Working Days from the date the recipient receives the request. No compliance renders the debt unenforceable Until an agreement is produce.

Timescale: CPR31.14 Nominal 7 calendar days? BUT solicitors will claim that CPR31.14 does not apply because a claim will be allocated to the small claims track. Technically it does apply and you can chase it up.

The claimant has 28 days + 5 for service to respond to a defence.
No CCA no enforcement Sam.

nem

nem

[Diana M]

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

My deadline for my defense is imminent, and of course I have not heard anything back.

If I submit my defense what happens next? .

The deadline for your Defence is 33 days from the Issue Date on the claim form.

After that If the Claimant decides to continue with the proceedings you will be sent a form to complete which gives you the opportunity to agree to free telephone Mediation if you want to settle this claim without a court fight and without obtaining a CCJ.

Di

[HungarySam]

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

Greetings all, I am back again.

I have my court letters to let me know my case has been assigned to the small claims track - except the court did not put enough postage to have my mail delivered efficiently and it has arrived two days before my reply is due :goodjob:


The solicitor is refusing to use the address provided to them and are mailing an old address.
The response to my request for information was:

We note your comments in which you requested a copy of the agreement in relation to the ex HSBC bank account, however a CC claim form was issued on the 12 Sept and deemed served on the 19th Sept.
Therefore as you filed a defense on the 10th Oct the account documents have been requested from our client and we will then furnish copies of these upon receipt of an order made by the court.

(My letter to them should have been received on the 3rd Oct).

Fortunately the current occupier got in touch with me, but as I have explained to the solicitor this is not acceptable/cannot always be guaranteed.

I do not have a UK number or contact at the moment who could provide mediation. Do I have any options, is the letter the solicitors have sent acceptable?

Please let me know if anything important is missing.
Thank you

[nemesis45]

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

Greetings all, I am back again.

I have my court letters to let me know my case has been assigned to the small claims track - except the court did not put enough postage to have my mail delivered efficiently and it has arrived two days before my reply is due :goodjob:


The solicitor is refusing to use the address provided to them and are mailing an old address.
The response to my request for information was:

We note your comments in which you requested a copy of the agreement in relation to the ex HSBC bank account, however a CC claim form was issued on the 12 Sept and deemed served on the 19th Sept.
Therefore as you filed a defense on the 10th Oct the account documents have been requested from our client and we will then furnish copies of these upon receipt of an order made by the court.

(My letter to them should have been received on the 3rd Oct).

Fortunately the current occupier got in touch with me, but as I have explained to the solicitor this is not acceptable/cannot always be guaranteed.

I do not have a UK number or contact at the moment who could provide mediation. Do I have any options, is the letter the solicitors have sent acceptable?

Please let me know if anything important is missing.
Thank you

Hi Sam,

Have you told the solicitors formally in writing which address they must use?

You should inform the court which I presume is using the correct address of the solicitors attitude.

Keep all the letter/envelopes that have been sent to the wrong address they will I think be useful later.


nem

[HungarySam]

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

Hi Nem, thanks.
Yes they were informed.

Regarding the failure to disclose any documents to me - are they obliged to for an overdraft?

I have a mediation appointment offer and there are three yes/no questions, one is 'I can confirm I have enough information about the claim'

If I go ahead with mediation but say they have not sent me anything, is this going to be an issue?

Hi Sam,

Have you told the solicitors formally in writing which address they must use?

You should inform the court which I presume is using the correct address of the solicitors attitude.

Keep all the letter/envelopes that have been sent to the wrong address they will I think be useful later.


nem

[HungarySam]

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

Just as a side point, is my post in the correct section? Should I create a more succinct post in the 'received a court claim' section? - I feel any potential advice may not happen when they see there has been 38 posts here

[nemesis45]

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

Just as a side point, is my post in the correct section? Should I create a more succinct post in the 'received a court claim' section? - I feel any potential advice may not happen when they see there has been 38 posts here

Hello Sam,

You can ask the site team to move the thread to the CC forum if you think it will help.

I'm sure [MENTION=49370]Kati[/MENTION] will help you.

nem

[Kati]

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

Just as a side point, is my post in the correct section? Should I create a more succinct post in the 'received a court claim' section? - I feel any potential advice may not happen when they see there has been 38 posts here

Hello Sam,

You can ask the site team to move the thread to the CC forum if you think it will help.

I'm sure @Kati will help you.

nem

sorted :yo:

I've moved the thread to the "received a court claim" section xx

[nemesis45]

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

sorted :yo:

I've moved the thread to the "received a court claim" section xx

Thank you [MENTION=49370]Kati[/MENTION]

nem

[HungarySam]

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

Hi everyone - its been a long time since I heard anything and I don't know what to do to proceed.

Money claim website shows the paperwork went to Leeds court in January this year - there have been no updates since then and I received no paperwork.

Essentially the status has not changed for months:

A claim was issued against you on 12/09/2016


Your acknowledgment of service was submitted on 15/09/2016 at 23:59:38


Your acknowledgment of service was received on 16/09/2016 at 08:01:50


Your defence was received on 10/10/2016


DQ sent to you on 15/11/2016


DQ filed by claimant on 01/12/2016


You filed a DQ on 02/12/2016


Your claim was transferred to LEEDS on 04/01/2017





I'm not sure whether to just leave it, contact them to find out why the long delay or is there a different course of action that is advised?

Thank you

[Kati]

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

It may be an idea to give the court a ring ... the case ls more than likely 'stayed'