Hello everybody thanks for help

[Debt girl]

Can somebody please advise what happens next I have sent the request to Cabot financial and Drysden solicitors what happens if I don't hear back from within 14 days do I need to telephone the court and tell them I am waiting for paper work from them to defend my case and also what happens if they do provide the paperwork do I still get a ccj if the court excepts an offer from thanks all sorry this is vague but I am so worried

[FlamingParrot]

Re: Hello everybody thanks for help

Can somebody please advise what happens next I have sent the request to Cabot financial and Drysden solicitors what happens if I don't hear back from within 14 days do I need to telephone the court and tell them I am waiting for paper work from them to defend my case

You need to chase Drydens and tell them that, since they haven't supplied you with the documents, would they kindly agree to a 28 day extension which is the maximum allowed under CPR 15.5 to submit your defence, you can do this over the phone and ask them to send you an email which you'd then forward to the court. :typing:

and also what happens if they do provide the paperwork do I still get a ccj if the court excepts an offer from thanks all sorry this is vague but I am so worried

That depends on what paperwork they provide and whether you have an argument to dispute the claim. Lack of compliance with your CCA request can be used in your defence. There's no need to chase Cabot for that one, just Drydens.

[Debt girl]

Re: Hello everybody thanks for help

Thank you very much for advice will do this

[Debt girl]

Re: Hello everybody thanks for help

I have contacted drysdens fairfax today asking them for a 28 extension they have told me that I don't need one as they have not received paperwork from Cabot finnancial and the court will only act on there instructions is this true and what do I need to do next thanks in advance

[nemesis45]

Re: Hello everybody thanks for help

IF Cabot have not instructed DF by supplying the documents required to progress the claim you should not need to apply for an extension until DF can progress the claim.
BUT keep a close eye on them!!

[FlamingParrot]

Re: Hello everybody thanks for help

I have contacted drysdens fairfax today asking them for a 28 extension they have told me that I don't need one as they have not received paperwork from Cabot finnancial and the court will only act on there instructions is this true and what do I need to do next thanks in advance

It is true that the court will only act on their instructions, however, once the 33 days allowed to submit a defence are up, they can request judgment against you.

The whole point of asking for an extension is precisely because they've not sent you the documents you requested, they should have got the paperwork from their client before issuing a claim, so it's their problem not yours.

To be honest, I wouldn't trust them not to request judgment once the date is passed. You basically have 3 options:

1. Get back to them and say they should have obtained documents from their client when they instructed them, if they haven't got them then they should agree to the extension for that same reason; or
2. Submit an unless order before the deadline, asking the court to order them to disclose the documents. This will require you to show you have taken every possible step to get them to send you the paperwork and will cost you £155 (unless you qualify for fee remission). Depending on the amount claimed, it may or may not be worth doing; or
3. Submit a defence before the deadline, based on them not supplying any paperwork.

Under no circumstances should you allow the deadline to expire without one of the three above.