whats the best course of action?

[MIKE770]

Re: whats the best course of action?

send it again signed, this is a legal request

[bill hicks]

Re: whats the best course of action?

Cheers Mike, i,m guessing I use the anti tamper strip again....

[bill hicks]

Re: whats the best course of action?

Hi there everybody and thanks again for all the help...Here,s my update, I received the Letter from Restons that states that cpr 31.41 does not apply, i,m guessing this is standard as I have read similar letters in these forums, today I received the Cabot letter stating they will need 40 days to contact the original creditor, I also received the acknowledgement letter from the court concerning my defending the case...I have a couple of questions , if anyone can help cheers....I,m just wondering what I do next?, and also what sort of time period I have to do it in?, the original claim was made on 20 July, which is 22 days ago now. Do i need too respond to Restons cpr 31.41 refusal? cheers again

[nemesis45]

Re: whats the best course of action?

Hi there everybody and thanks again for all the help...Here,s my update, I received the Letter from Restons that states that cpr 31.41 does not apply, i,m guessing this is standard as I have read similar letters in these forums, today I received the Cabot letter stating they will need 40 days to contact the original creditor, I also received the acknowledgement letter from the court concerning my defending the case...I have a couple of questions , if anyone can help cheers....I,m just wondering what I do next?, and also what sort of time period I have to do it in?, the original claim was made on 20 July, which is 22 days ago now. Do i need too respond to Restons cpr 31.41 refusal? cheers again

Hello Bill,

Yes that Restons standard letter, you can reply that they must be aware that CPR31.14 does apply Until the claim is allocated to the small claims track so please send the requested documents by return of post. Shows the court you are attempting to deal with the claim but Restons are being obstructive.

Just remember that Cabot's 40 days is not an agreed extension of time to file your defence the court process carries on regardless

You have 33 days from date the claim was issued ( not from when you received it) Have you filed your defence?

nem

[charitynjw]

Re: whats the best course of action?

Hi there everybody and thanks again for all the help...Here,s my update, I received the Letter from Restons that states that cpr 31.41 does not apply, i,m guessing this is standard as I have read similar letters in these forums, today I received the Cabot letter stating they will need 40 days to contact the original creditor, I also received the acknowledgement letter from the court concerning my defending the case...I have a couple of questions , if anyone can help cheers....I,m just wondering what I do next?, and also what sort of time period I have to do it in?, the original claim was made on 20 July, which is 22 days ago now. Do i need too respond to Restons cpr 31.41 refusal? cheers again

Hi bill hicks

Stick rigidly to the court's timetable.
The normal 'extension' is 28 days, which is mentioned in your CPR request; it would appear that the claimant's sols have ignored this & given you some old bull about 40 days. Ignore it; CPR 31 does apply until the case is allocated to Small Claims court. (Btw it's CPR 31.14, not 31.41)
As things stand, if the claim was issued on 20th July (it's on the claim form), your defence will need to be submitted 33 days after that date.

[bill hicks]

Re: whats the best course of action?

Hi Nem
I left the defense blank at the time , shall I update it on moneyclaim.com, the court sent me a letter stating they had received by defense and that the claimant had 28 days to contact the court, cheers

[charitynjw]

Re: whats the best course of action?

Hi Nem
I left the defense blank at the time , shall I update it on moneyclaim.com, the court sent me a letter stating they had received by defense and that the claimant had 28 days to contact the court, cheers

Hi bill

That doesn't make sense; if you didn't submit a defence, how can the court acknowledge your defence & serve it on the claimant?

[nemesis45]

Re: whats the best course of action?

Hi Nem
I left the defense blank at the time , shall I update it on moneyclaim.com, the court sent me a letter stating they had received by defense and that the claimant had 28 days to contact the court, cheers

Hello Bill,
Curious how can the court acknowledge a defence if left it blank?? Have yo not sent anything at all?

nem

[bill hicks]

Re: whats the best course of action?

Cheers Charity, just checking my diary ,so i must submit my defense by 22 august, is the template below something i would use

EXAMPLE DEFENCE


-----------------------------------------------------------------------------------------------

1: I received the claim [Claim Number] from the [Name of Court - often Northampton or Salford] County Court on [Date you received the claim]

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

3: This claim [is for/ appears to be for] a [Credit Card / Loan / Catalogue Account] agreement regulated under the Consumer Credit Act 1974.

4: [It is admitted/denied] that the Defendant has [previously] entered into [an agreement/agreements] with [Original Creditor /Claimant] for provision of credit.

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 particulars of claim fail to state when the agreement was entered into.]

6. The Claimants statement of case states that the account was assigned from [Original Creditor] to [Claimant] on [Date]. The Defendant does not recall receiving notice of this assignment.

7. It is denied that [Original Creditor] served any Default notice on the Defendant pursuant to s87 Consumer Credit Act 1974. The Claimant is required to prove that a compliant Default Notice was served upon the Defendant.

8: On the [Date] I sent a request for inspection of documents mentioned in the claimants statement of case under Civil Procedure Rule 31.14 to [Claimant's Solicitor]. I requested the Claimant provide copies of the [Agreement, Default Notice and Notice of Assignment] .

9. [Claimant's Solicitor] has not sent any of these documents to me.

10. On the [Date] I sent a formal request for a copy of the original agreement to [Claimant] pursuant to section [77 or 78] of the Consumer Credit Act 1974 along with the statutory £1 fee.

11. The Claimant has failed to comply with [s77 (1) / s 78 (1)] Consumer Credit Act 1974 and by virtue of [s77 (4) / s 78 (6)] Consumer Credit Act 1974 cannot enforce the agreement.

[12: I have asked the Claimant if we may agree to extend the time period allowed for filing of my defence pending receipt of documents (as allowed under CPR 15.5), but they have declined.] or[The Parties agreed to an extension to the time period allowed for filing of my defence under CPR 15.5 to allow the Claimants additional time to produce the relevant documentation to evidence their claim, however they have failed to do so.]

13. Under Civil Procedure Rule 16.5 (4) Where the claim includes a money claim, a defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation. Therefore It is expected that the Claimant be required to prove the allegation that the money is owed as claimed.

14. I request the court orders the Claimants to provide the necessary documentation in order for me to fully plead my case else the Claim should stand struck out.

15. In the event that the relevant documents are received from the Claimants I will then be in a position to amend my defence, and would ask that the Claimants bear the costs of the amendment.

16. It is denied that the Claimant is entitled to the relief as claimed or at all.

Statement of Truth

The Defendant believes that the facts stated in this Defence are true.

Cheers Charity

[bill hicks]

Re: whats the best course of action?

Not as yet Nem, i left it blank or should i say I typed in awaiting evidence, as it would not let me proceed online unless i typed something in,

[bill hicks]

Re: whats the best course of action?

I,m guessing i,ve done something wrong, can i rectify this, I may have started a defence rather than intending too defend.

[nemesis45]

Re: whats the best course of action?

Not as yet Nem, i left it blank or should i say I typed in awaiting evidence, as it would not let me proceed online unless i typed something in,

That's what has been recorded as your defence, the court will take any comment on the defence form to be what you intend as your defence.
all that was need was that you intended to defend in full.

I would phone the court office is the morning tell them you have made an error.

The claimant could s the court for summary judgment as the defence entered has no merit.

nem

[bill hicks]

Re: whats the best course of action?

Hopefully they will see my error and allow me too resubmit my defence. Thanks for bringing this too my attention.Is it worth me emailing the courts Nem?

[nemesis45]

Re: whats the best course of action?

Hopefully they will see my error and allow me too resubmit my defence. Thanks for bringing this too my attention.Is it worth me emailing the courts Nem?

I would phone and e-mail bill explain on the phone and confirm by e-mail.

nem

[bill hicks]

Re: whats the best course of action?

What are my chances like Nem..is it possible to edit a defence once its been submitted..in all honesty i feel pretty stupid,i now realise what i should of done...duh