How do I respond to a request for extension to CPR31

[Stevemcmli]

Received a Claim Form from CCBC for an alleged CCA credit card debt from Howard Cohen on behalf of HPH2. Acknowledged service on MCOL and immediately sent template CPR31 request to Cohen and s77-79 request to Robbo Way. No response from either (surprise, surprise).

28 days elapsed from date of service so filed defence (unable to plead owning to lack of docs etc.) on MCOL. 2 days after filing I received a letter from Howard Cohen suggesting a 14 day extension so they can obtain the required documents.

I don't believe it's in my interest to grant them an extension to try and find docs to aid their case - would you agree?

Also will the court take a dim view of my refusal?

How do I word my letter Howard Cohen to decline their kind invitation?

Many thanks

Stevie

[Stevemcmli]

Can a Creditor add statutory interest to the balance on your credit file?

I am currently defending a county court claim for a disputed credit card balance. I have filed my defence (using advice and templates from this site! )and am awaiting the allocation questionnaire. I just checked my credit report and see that the outstanding balance has been increased by adding the statutory interest claimed even before the court date has been set - can they legally do this?

I have also disputed the creditor's right to statutory interest on the basis of CCA s.69 because the County Courts (Interest on Judgment Debts) Order 1991 (No. 1184 (L. 12)) section 2(3)(a) states " Interest shall not be payable under this Order where the relevant judgment .... is given in proceedings to recover money due under an agreement regulated by the Consumer Credit Act 1974".

Your views would be very much appreciated.

Stevie

[nemesis45]

Re: Can a Creditor add statutory interest to the balance on your credit file?

I am currently defending a county court claim for a disputed credit card balance. I have filed my defence (using advice and templates from this site! )and am awaiting the allocation questionnaire. I just checked my credit report and see that the outstanding balance has been increased by adding the statutory interest claimed even before the court date has been set - can they legally do this?

I have also disputed the creditor's right to statutory interest on the basis of CCA s.69 because the County Courts (Interest on Judgment Debts) Order 1991 (No. 1184 (L. 12)) section 2(3)(a) states " Interest shall not be payable under this Order where the relevant judgment .... is given in proceedings to recover money due under an agreement regulated by the Consumer Credit Act 1974".

Your views would be very much appreciated.

Stevie

Hello Stevie,

No they cannot just assume they Which company is this there's a couple that do this )are going to win the claim options:

Place a notice of correction / dispute on the credit files (Experian, Equifax and Call Credit (Noddle) all will I suspect show the same data the agencies will contact the company to check the validity of the entry (s).

You could also raise a formal complaint with the claimant for causing inaccurate data to be published.

If this is not remedied then a complaint to the Information Commissioners Office is the next step.

nem

- - - Updated - - -

I am currently defending a county court claim for a disputed credit card balance. I have filed my defence (using advice and templates from this site! )and am awaiting the allocation questionnaire. I just checked my credit report and see that the outstanding balance has been increased by adding the statutory interest claimed even before the court date has been set - can they legally do this?

I have also disputed the creditor's right to statutory interest on the basis of CCA s.69 because the County Courts (Interest on Judgment Debts) Order 1991 (No. 1184 (L. 12)) section 2(3)(a) states " Interest shall not be payable under this Order where the relevant judgment .... is given in proceedings to recover money due under an agreement regulated by the Consumer Credit Act 1974".

Your views would be very much appreciated.

Stevie

Hello Stevie,

No they cannot just assume they Which company is this there's a couple that do this )are going to win the claim options:

Place a notice of correction / dispute on the credit files (Experian, Equifax and Call Credit (Noddle) all will I suspect show the same data the agencies will contact the company to check the validity of the entry (s).

You could also raise a formal complaint with the claimant for causing inaccurate data to be published.

If this is not remedied then a complaint to the Information Commissioners Office is the next step.

nem

[Diana M]

Re: Can a Creditor add statutory interest to the balance on your credit file?

I think putting a Notice of Correction on your credit file will do more harm than good.

You are also currently in the midst of legal proceedings so if you take a confrontational approach to the Claimant you can expect them to take a hard line with you which will prejudice any chance of a Discontinuance or a negotiated settlement if needed.

This is what I said on another thread when the same issue cropped up:

If the OP places a Notice of Correction on their CRA files it would need to state why they believe the entry is wrong.

In this instance they would have to say it's because they have legal proceedings against them and the Claimant has included the court/legal costs prematurely.

That would flag up to anyone searching the file that for whatever reason another creditor is litigating against them. This may imply that their conduct of their account has been poor or the creditor wouldn't be taking them to court.

I think that would be far more damaging to the OP's financial reputation then the default figure being inaccurate by £200.

Once a Notice of Correction has been applied to the account it can no longer be 'auto-scored' by the database because the search is interrupted making the business searching it see the whole report including the Notice of Correction and the reference to the person they're searching being currently involved in legal proceedings against them. They may win this claim but until they do the 'no smoke without fire' presumption will be unavoidable.

My personal view is to leave well alone until the proceedings have concluded and definitely don't publicise to others that they are in progress.

Di

[Amethyst]

Re: Can a Creditor add statutory interest to the balance on your credit file?

I agree. I would certainly wait for the outcome of court proceedings before even thinking about the credit file. If the claim is discontinued / you win you can take it up direct with the creditor and the ICO. I would avoid putting a notice of correction on the file and try and get the company to correct it themselves. But really no point doing anything mid proceedings.

[Diana M]

Re: Can a Creditor add statutory interest to the balance on your credit file?

I am currently defending a county court claim for a disputed credit card balance. I have filed my defence (using advice and templates from this site! )and am awaiting the allocation questionnaire.

Is it this claim on your other thread?

If so then ask [MENTION=49370]Kati[/MENTION] nicely to merge the two threads so everything is in one place which helps advice given.

You say you're waiting for a DQ but have you checked if the claim is stayed if you filed your Defence more than 28 days ago?

Other thread > http://legalbeagles.info/forums/show...590#post714590

Received a Claim Form from CCBC for an alleged CCA credit card debt from Howard Cohen on behalf of HPH2. Acknowledged service on MCOL and immediately sent template CPR31 request to Cohen and s77-79 request to Robbo Way. No response from either (surprise, surprise).

28 days elapsed from date of service so filed defence (unable to plead owning to lack of docs etc.) on MCOL. 2 days after filing I received a letter from Howard Cohen suggesting a 14 day extension so they can obtain the required documents.

I don't believe it's in my interest to grant them an extension to try and find docs to aid their case - would you agree?

Also will the court take a dim view of my refusal?

How do I word my letter Howard Cohen to decline their kind invitation?

Di

[Stevemcmli]

Re: Can a Creditor add statutory interest to the balance on your credit file?

Is it this claim on your other thread?

If so then ask @Kati nicely to merge the two threads so everything is in one place which helps advice given.

You say you're waiting for a DQ but have you checked if the claim is stayed if you filed your Defence more than 28 days ago?

Other thread > http://legalbeagles.info/forums/show...590#post714590



Di

Thanks Nem & Di. This is the same claim so please merge, I've checked the case on the MCOL site and there's nothing new since my defence was filed. 28 days in up on the 4th of April. Do I phone Northampton to check the status? The DCA have just responded to my CCA request after 52 days saying they are still try to contact the original creditor to obtain the requested documents!

Stevie

[warwick65]

Re: How do I respond to a request for extension to CPR31

There is no point in contacting the court until late next week.

If the claimants do proceed it will show up as them filing their DQ and one being sent to you ( well thats what seems to happen)

[Diana M]

Re: Can a Creditor add statutory interest to the balance on your credit file?

I've checked the case on the MCOL site and there's nothing new since my defence was filed. 28 days in up on the 4th of April. Do I phone Northampton to check the status? The DCA have just responded to my CCA request after 52 days saying they are still try to contact the original creditor to obtain the requested documents!

In my experience Howard Cohen tend to plough on with claims even if they don't have the documents in their possession in the hope that they can either obtain them or reconstitute them before they get to the Trial.

On that basis it makes sense to get all your ducks in a row now rather than wait.

First of all Hoist is the Claimant and Howard Cohen are the solicitors. Who was the original creditor (Barclaycard?) and when did you open the credit card account?

I suggest you send a Subject Access Request o the original creditor asap so you get the full history of the account which you'll need in order to cross check any documents produced by the Claimant for 'honesty and accuracy'.

How much are they claiming so I can give you an idea of what lies ahead?

When did you last make a payment on the account and who did you pay?

Di

[Stevemcmli]

Re: Can a Creditor add statutory interest to the balance on your credit file?

In my experience Howard Cohen tend to plough on with claims even if they don't have the documents in their possession in the hope that they can either obtain them or reconstitute them before they get to the Trial.

On that basis it makes sense to get all your ducks in a row now rather than wait.

First of all Hoist is the Claimant and Howard Cohen are the solicitors. Who was the original creditor (Barclaycard?) and when did you open the credit card account?

I suggest you send a Subject Access Request o the original creditor asap so you get the full history of the account which you'll need in order to cross check any documents produced by the Claimant for 'honesty and accuracy'.

How much are they claiming so I can give you an idea of what lies ahead?

When did you last make a payment on the account and who did you pay?

Di

Thanks for the advice Di. The original creditor was Tesco Bank and the account dates from around 2002. They are claiming £3912 plus s.69 interest of £1335 plus £510 court & legal fees, total of £5757. Last payment 2013 to Tesco, nothing paid to a DCA etc.

Stevie

[warwick65]

Re: How do I respond to a request for extension to CPR31

Hi Steve

That is a lot of interest and court costs, i think it is out of order especially when it is likely they paid a lot less than even the interest they are claiming for it.

At least it is small claims so costs are pretty much fixed unless unreasonable conduct on either side ( I personally think issuing a claim without documents is unreasonable but i am not a judge)

[Diana M]

Re: Can a Creditor add statutory interest to the balance on your credit file?

Thanks for the advice Di. The original creditor was Tesco Bank and the account dates from around 2002. They are claiming £3912 plus s.69 interest of £1335 plus £510 court & legal fees, total of £5757.

So send a SAR to Tesco pronto. It could be the best £10 you've ever spent if it helps you to defeat a £5.7k claim

Did your CPR 31.14 Request ask them to produce the Default Notice amongst other things?

And any response to your s.78-79 CCA Request yet even just an acknowledgement?

Di

[mystery1]

Re: How do I respond to a request for extension to CPR31

There is no extension to a cpr 31.14 request. It may be quite common to offer extra time if they agree to an extension of the time to file a defence but the rules do not actually allow for it. Technically speaking they'd need to apply for an extension with the courts and you'd need to get extra time to respond (amend your defence).

If you have sent a defence then, IMO, i'd write and tell them so and indicate if they make an application quickly and it allows you to respond you'll agree as long as the extension is reasonable and they foot the costs of it all.

M1