**DISCONTINUED!!!** Court claim from PRA Group Ltd UK
Collapse
Loading...
X
-
Re: Court claim from PRA Group Ltd UK
6-8 weeks their statement if they say that they have a problem, stick to court time table, do not worry about their misleading statements, it is stated to unsettle you and get you to make a mistake, one day something serious will happen to these so called solicitors (term used loosely) when this country wakes up to fact
- 1 thank
Comment
-
Re: Court claim from PRA Group Ltd UK
Hi Elaineg
The time extension can be offered as a courtesy gesture; it is not compulsory, so no worries.
The Claimant is also able to ask for your agreement if they want or need it.
https://www.justice.gov.uk/courts/pr...l/rules/part15
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.CAVEAT LECTOR
This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)
You and I do not see things as they are. We see things as we are.
Cohen, Herb
There is danger when a man throws his tongue into high gear before he
gets his brain a-going.
Phelps, C. C.
"They couldn't hit an elephant at this distance!"
The last words of John Sedgwick
- 1 thank
Comment
-
Re: Court claim from PRA Group Ltd UK
Originally posted by Elaineg View PostWho do I ask for extension? The court or PR Group, if they are going to take 6-8 weeks to get original documents,I won't be able to file defence until then anyway. If I ask PR Group for extension and they agree, I still won't have everything I need. What do I do. I'm sorry im confused
As such the provisions of CPR15.5 doesn't assist as both parties can only agree a maximum of 28 days between them.
If you want to see the documents before you file a defence then I would suggest you consider making the application to the court for an extension of time for filing the defence 14 or 21 days after service of the requested documents. You will need to pay the £255 court fee unless you are eligible for fee remission in which case complete the form EX160
The application would have to be filed at court before the deadline for filing your defence expires i.e before Monday 23 January 2017 at 4pm.
If however you decide that you don’t want to make the application then you will need to file a defence before Monday 23 January 2017 at 4pm which will give you a protection for the reasons outlined in my earlier post.
You may wish to consider that if you both agree a 28 day extension now and the documentation does not arrive in that time that you will have to then either make at that point an application to the court for a further extension of time or alternatively file a defence without sight of the documents
A bit like groundhog day !
- 2 likes
Comment
-
Re: Court claim from PRA Group Ltd UK
So in effect I would have been better off not removing that section requesting 28 day extension. Wait until near the court date and respond then saying they haven't provided me with all the information I need at no extra cost to me. I'm not in a position to pay another £255 . Is this how ordinary cases are done because I can't seem to find anyone else having this problem. Please help
Comment
-
Re: Court claim from PRA Group Ltd UK
Originally posted by Elaineg View PostWait until near the court date and respond then saying they haven't provided me with all the information I need
This means deadlines must be met or either party faces a sanction for not sticking to the rules.
The court is in charge of the diary.
However if either party wants more time to deal with something required they can either get an agreement with the other side for an extension of time (where that's allowable which is not always) or make an application to the court to make a decision as to whether the deadline should be shunted on a bit.
In your case you and the Claimant both have the option to agree an extension to file your Defence. But that can only be for 28 extra days (that's the rule ). The Claimant has told you that they need 6 - 8 weeks to source the documents requested which could mean that an extra 28 days would not be enough.
What's been explained on this thread is what you would have to do in that scenario (no documents disclosed during the extra 28 days) if you were still without the paperwork, which the Claimant has predicted is likely to be the case.
Sadly every application to a court comes with a financial price tag. Law is a business which needs to be paid for by somebody. However if you are on benefits or low-waged etc then you may be entitled to fee remission. The point that's been made is that you have to factor your budget into any decision you make.
You don't have to make an immediate decision because as it stands your Defence deadline isn't until 23rd January which gives you time to consider the options which have been presented and then choose the one you are most comfortable with.
It's good to have a conversation about these things because that way you stay involved in your own claim. That's the difference between help and self-help.
Di
- 1 thank
Comment
-
Re: Court claim from PRA Group Ltd UK
Thank you Mike770, I'm finding it quite difficult to understand with everybody giving advice. Should I put as my defence that they cannot provide me with documentation for me defend in the court timetable.
- 1 thank
Comment
-
Re: Court claim from PRA Group Ltd UK
Originally posted by Elaineg View PostThank you Mike770, I'm finding it quite difficult to understand with everybody giving advice. Should I put as my defence that they cannot provide me with documentation for me defend in the court timetable.
I've just seen your PM I'm just off out but I will get back to you tomorrow morning.
Don't worry/stress about this now!!
nem
- 1 thank
Comment
-
Re: Court claim from PRA Group Ltd UK
Originally posted by Elaineg View PostShould I put as my defence that they cannot provide me with documentation for me defend in the court timetable.Originally posted by nemesis45 View PostHello Elaine,
I've just seen your PM I'm just off out but I will get back to you tomorrow morning.
nem
Have you resolved this by PM or would you like any more help?
Di
Comment
View our Terms and Conditions
LegalBeagles Group uses cookies to enhance your browsing experience and to create a secure and effective website. By using this website, you are consenting to such use.To find out more and learn how to manage cookies please read our Cookie and Privacy Policy.
If you would like to opt in, or out, of receiving news and marketing from LegalBeagles Group Ltd you can amend your settings at any time here.
If you would like to cancel your registration please Contact Us. We will delete your user details on request, however, any previously posted user content will remain on the site with your username removed and 'Guest' inserted.
Announcement
Collapse
Court Claim ?
Guides and LettersSHORTCUTS
Pre-Action Letters
First Steps
Check dates
Income/Expenditure
Acknowledge Claim
CCA Request
CPR 31.14 Request
Subject Access Request Letter
Example Defence
Set Aside Application
Witness Statements
Directions Questionnaire
Statute Barred Letter
Voluntary Termination: Letter Templates
A guide to voluntary termination: Your rights
Loading...
Loading...
Comment