**DISCONTINUED** Today received a court claim **UPDATE**

[FlamingParrot]

Re: Today received a court claim **UPDATE**

Can they not say they did responded?

Have they sent you the documents you requested? If not, then there's nothing they can argue.

[nemesis45]

Re: Today received a court claim **UPDATE**

Can they not say they did responded?

t
The usual response is around the allegation that the claim will likely be
allocated to the small claims track and CPR31.14 is not relevant.

nem

[Stu]

Re: Today received a court claim **UPDATE**

Have they sent you the documents you requested? If not, then there's nothing they can argue.

Nope nothing has been sent other than than letter yesterday which is totally untrue and today is the 7th day

t
The usual response is around the allegation that the claim will likely be
allocated to the small claims track and CPR31.14 is not relevant.

nem

Sorry Nem i am like a newborn baby when it comes to this, i dont follow. In all my years i have only just today figured out how to multi quote..

[nemesis45]

Re: Today received a court claim **UPDATE**

Nope nothing has been sent other than than letter yesterday which is totally untrue and today is the 7th day



Sorry Nem i am like a newborn baby when it comes to this, i dont follow. In all my years i have only just today figured out how to multi quote..

I'm the same in my employment there was always someone to take care of technicalities.
CPR should be chased up and the CCA request left alone.

nem

[Stu]

Re: Today received a court claim **UPDATE**

So no more talking to Cabot at all, even though they did send something it was not what i asked for? with today being the 7th day should i contact the sols today or leave it the 12 + 2?

[Stu]

Re: Today received a court claim **UPDATE**

Should i speak to solicitors today (7th day)

And what questions/demands should i ask them, i don't want to be put under pressure by them .

[nemesis45]

Re: Today received a court claim **UPDATE**

have received you PM stu!

nem

[FlamingParrot]

Re: Today received a court claim **UPDATE**

So no more talking to Cabot at all, even though they did send something it was not what i asked for? with today being the 7th day should i contact the sols today or leave it the 12 + 2?

No, there is no need to chase Cabot at all, if they don't comply with your CCA request you just include that as part of your defence because non compliance is a bar to enforcement. :grin:

Should i speak to solicitors today (7th day)

And what questions/demands should i ask them, i don't want to be put under pressure by them .

To clarify, we are talking about two totally separate requests here:

• The CCA request to Cabot - 12 + 2 days to comply, not to be chased, non compliance used as part of your defence when you file it.
• The CPR request to the solicitors - 7 days to comply, if not you should chase that one up and ask them to agree to a 28 day extension to file your defence. As it's the weekend, you wouldn't be contacting the solicitors until next week. The only thing you need to say is that you need the documents to prepare your defence. It's more of a formality rather than anything else, they don't have the documents so they can't do anything other than fob you off.

[Stu]

Re: Today received a court claim **UPDATE**

No, there is no need to chase Cabot at all, if they don't comply with your CCA request you just include that as part of your defence because non compliance is a bar to enforcement. :grin:



To clarify, we are talking about two totally separate requests here:

• The CCA request to Cabot - 12 + 2 days to comply, not to be chased, non compliance used as part of your defence when you file it.
• The CPR request to the solicitors - 7 days to comply, if not you should chase that one up and ask them to agree to a 28 day extension to file your defence. As it's the weekend, you wouldn't be contacting the solicitors until next week. The only thing you need to say is that you need the documents to prepare your defence. It's more of a formality rather than anything else, they don't have the documents so they can't do anything other than fob you off.

Thanks FlamingP, do they have to accept that there is a need for a 28 day extension?

[Berniethebolt]

Re: Today received a court claim **UPDATE**

They do not have to agree to an extension but if they don't you can mention that in your defence -if they have not provided the documents and refuse an extension it suggests they are being unreasonable

[FlamingParrot]

Re: Today received a court claim **UPDATE**

Thanks FlamingP, do they have to accept that there is a need for a 28 day extension?

No, CPR 15.5 allows the parties to agree an extension up a maximum of 28 days. You request it, if they agree, you inform the court and file your defence before the extra 28 days are up. If they refuse, you file your defence within 33 days and mention their refusal as an extra point in your defence, saying you requested documents, they didn't supply them, you asked them to to agree to an extension, they refused... you get the picture!

[Stu]

Re: Today received a court claim **UPDATE**

There is no email for Weighmans it come back as delivery notice failure Grrr, how am i to keep a paper trail which is not going to take up my defence time Ie postal service.

[MIKE770]

Re: Today received a court claim **UPDATE**

E-Mails - unless there is an auto receipt facility, then it can easily be stated not received = actual signature recorded i.e. Recorded Delivery which is only about 75 pence extra to postage, if you are serious and not penny pinching to save pounds then you are not covering yourself, proof of everything is vital no shortcuts, 1st or 2nd class post + Recorded Delivery 1- 2 pounds . 24 hours in a day, how long does it take to do a defence?

[Stu]

Re: Today received a court claim **UPDATE**

Not penny pinching at all my concern is, and as was with the sending CCA/CPR' i only have a receipt and rightly so it does have a delivery notice but my concern is and forgive me for my lack of trust in the DCA and their Solicitors but they could say i have send them nothing of any relevance to the case in hand so preferably i would rather use emails as it clearly shows what has been sent, i might be looking way too much in to it but that's my nature and as for the defence the sooner this is over and done with the better..

[nemesis45]

Re: Today received a court claim **UPDATE**

Not penny pinching at all my concern is, and as was with the sending CCA/CPR' i only have a receipt and rightly so it does have a delivery notice but my concern is and forgive me for my lack of trust in the DCA and their Solicitors but they could say i have send them nothing of any relevance to the case in hand so preferably i would rather use emails as it clearly shows what has been sent, i might be looking way too much in to it but that's my nature and as for the defence the sooner this is over and done with the better..

Good morning stu, responding to your PM,

Use signed for post for the letter, you need a paper trail on the request for an extension If it is declined you can prove to the court that you are /were making every effort to respond properly to the claim.

nem