claim issued in breach of CCA request

[chareosS]

Hi all

to give details of story so far.......

an official letter before action was received

responded to LBA with official CCA request and request for documents the debtor is entitled to

received acknowledgement of response and no further action to be taken until request has been complied with and documents provided

then received a court claim but NO documents yet provided

wrote to solicitors basically asking what the heck they are doing ?

received letter of apology citing an admin error and informing debtor that they have contacted the court to halt the claim

that is about where we are currently at, defendant is unable to afford to make an application to the court for the claimant to produce the documents and to apply for an extension to submitting a defence.

[Amethyst]

Application for extension isn't really an application - it's just notification to the court, agreement between parties - so no N244 or fee needed... see here https://legalbeagles.info/forums/for...filing-defence - we generally ask claimants for an extension in the CPR 31.14 letter we tend to send in response to claim form - https://legalbeagles.info/library/gu...-of-documents/

Anyway that aside, you need to contact court / claimant to check they have filed a notice of discontinuance .... as if not, acknowledgment and defence of the claim needs doing.

[chareosS]

update

the court have confirmed that they have discontinued the claim

my only concern now is that because a defence had not yet been filed then when they finally get hold of some documentation they will re issue the claim

[charitynjw]

update

the court have confirmed that they have discontinued the claim

my only concern now is that because a defence had not yet been filed then when they finally get hold of some documentation they will re issue the claim

(6) If the creditor under an agreement fails to comply with subsection (1)—

(a)he is not entitled, while the default continues, to enforce the agreement;F4.

https://www.legislation.gov.uk/ukpga/1974/39/section/78

[chareosS]

hi a further update on this

despite the defendant receiving an e mail from the court stating that the claim has been discontinued

AND receiving written confirmation dated 5th april from the court that the claim has been discontinued and the court have also returned the ack. of service back to the defendant

defendant has now received from the claimants solicitor notification that they are applying for default judgment due to ignoring claim form !!! the defence is not even overdue yet !! you couldnt make it up ?

want to make a complaint to the relevant regulators any suggestions ?

[Amethyst]

Did they acknowledge the claim ? If not DO THAT NOW - Acknowledge Claim
if you can't cause they've already applied - ring the court...

You need a Notice of Discontinuance before you stop engaging with the court process.

It's not TM Legal and Asset is it? ( they get things like this wrong all the time)

[chareosS]

Did they acknowledge the claim ? If not DO THAT NOW - Acknowledge Claim
if you can't cause they've already applied - ring the court...

You need a Notice of Discontinuance before you stop engaging with the court process.

It's not TM Legal and Asset is it? ( they get things like this wrong all the time)

yes ? had confirmation in both e mail and letter from the COURT and the court has returned the acknowledgement of service to the defendant ?

see my previous post with an update

[Amethyst]

If the court have confirmed the claim has been discontinued by the claimant then write to the claimant reminding them of such and requesting a copy ( after all the notice of discontinuance form contains a statement of truth that a copy has been served on the other party ) - they wouldn't be able to file for default judgment if it has been discontinued.

If it is TM / Asset ( not sure if you were saying yes to that ?) then their admin processes leave a lot to be desired and they tend to send the 'next letter' regardless of the actual situation.

FCA for Asset and SRA for Tm legal complaints as their regulators.

[chareosS]

thank you

it is a little strange, received a letter from solicitor saying they were going to ask the court to stop the claim, not necessarily believing them

the defendant both e mailed and wrote to the court, court responded via e mail and also by written letter that confirmed the claim had been discontinued.

this is cabot and mortimer clarke

[GBExile]

If the court have confirmed the claim has been discontinued by the claimant then write to the claimant reminding them of such and requesting a copy ( after all the notice of discontinuance form contains a statement of truth that a copy has been served on the other party ) - they wouldn't be able to file for default judgment if it has been discontinued.

If it is TM / Asset ( not sure if you were saying yes to that ?) then their admin processes leave a lot to be desired and they tend to send the 'next letter' regardless of the actual situation.

FCA for Asset and SRA for Tm legal complaints as their regulators.

Why can I not post in the VIP section?

[Amethyst]

I have no idea - your account seems to be set up ok - what happens when you try ? ( maybe pm me about it )

[Amethyst]

thank you

it is a little strange, received a letter from solicitor saying they were going to ask the court to stop the claim, not necessarily believing them

the defendant both e mailed and wrote to the court, court responded via e mail and also by written letter that confirmed the claim had been discontinued.

this is cabot and mortimer clarke

Hmmm they should have a better handle on things - ask MC to send a copy of the notice of discontinuance... might be the 'we're asking for default judgment' letter was already going through the system to be posted before it was discontinued so they've crossed in the post... still it is quite an unsatisfactory situation at the moment.

how was the acknowledgment of service submitted ? On paper ? And the court returned it ? Any letter with it ?

Can the defendant log in on the MCOL system at all ? - might be quicker to check the status - but if the letter from court states the claim was discontinued by the claimant then if they did allow a default judgment it would be easy to set aside the judgment.

[GBExile]

I have no idea - your account seems to be set up ok - what happens when you try ? ( maybe pm me about it )

PMd x

[chareosS]

No that cant be it we are asking for default judgement letter was dated 10th april, defence deadline was 23rd april , also court letter stating claimant had discontinued was dated 5th april so it had been discontinued BEFORE that letter was even written.

acknowledgement of service was submitted on paper the court has returned it to the defendant enclosed with their letter confirming discontinuance by the claimant

court has confirmed discontinuance in both an e mail and in writing.

it is ridiculous and needs reporting imho

[Amethyst]

All I can suggest is that the defendant contacts MC and checks with them exactly what's going on. They issued the claim in error so it's not beyond the realms they issued the follow up letter in error. To make any complaint you need to know if the claimant or the court are at fault.