Court Claim Help Please - Natwest / Irwin Mitchell

[R B 1968]

Re: Court Claim Help Please - Natwest / Irwin Mitchell

Morning Budgie / Ame,
Just to confirm:
Still no response from IM, to my CPR reqest - almost a week overdue now,
Special deliveried my defence to Northampton yesterday (Mon),
Recorded deliveried copies to IM and Natwest yesterday (Mon).
I'll keep you posted on any correspondences etc...
Thanks again and enjoy your days off, Budgie.
Regards,
R

[Amethyst]

Re: Court Claim Help Please - Natwest / Irwin Mitchell

have we chased IM on the CPR request ?

[R B 1968]

Re: Court Claim Help Please - Natwest / Irwin Mitchell

Hi Ame,
No, I.M. haven't been chased - do you think they should have been ?
Today is Defence Deadline day, I believe ?
Regards,
R

[R B 1968]

Re: Court Claim Help Please - Natwest / Irwin Mitchell

PS Just checked moneyclaim on-line and they have acknowledged receipt of my defence, today (1st Dec 2009).

Can you please just confirm the deadline as I can't seem to make my calculations 'tally':
Court Claim issued 6th Nov.
I received 11th Nov
I Acknowledged Service 12th Nov
According to the court info., on-line, completion of my acknowledgement of service extends the 14 days to 28 days - this also says its 28 days from date of service ?
Is the date of service the date when claim is issued or the date I receive ?
Therefore is it 6th Nov + 28 days = 4th Dec
OR
is it 11th Nov + 28 days = 9th Dec

Forgive me asking but I'm just keen to understand the procedures ?

Kind regards,

R

[Amethyst]

Re: Court Claim Help Please - Natwest / Irwin Mitchell

Service is usually deemed to be 2 days after issue, so theres usually a couple days leeway on the acknowledgement/defence but its usually best to get in before 14 days from issue date, simply because MCOL is automatic and you are DEFINATELY in the time then. If it takes too long to get to you you can contact the court and ask for an extension.

So basically its issue + 2 days for service + 14 days for acknowledgment which if you acknowledge changes to issue + 2 days for service + 28 days for defence.

That doesnt really help does it.

[Amethyst]

Re: Court Claim Help Please - Natwest / Irwin Mitchell

Curly & Bud are the CPR 31 peeps, but personally if I wanted the info I would chase it if they don;t supply it in good time.

[Budgie]

Re: Court Claim Help Please - Natwest / Irwin Mitchell

They have run out of time.

We will look at this tomorrow, I belive it will probably be better to put everything in a Witness Statement rather than sending off letters for this and that.

[R B 1968]

Re: Court Claim Help Please - Natwest / Irwin Mitchell

Thanks Ame - that does help me even if just to understand the process, which of course I want to do.

Budgie - Hope you had a couple of good days away / off - welcome back and thanks for your reply, as always.

So, Witness statement/s it is now then ! Absolutely nothing at all, from Irwin Mitchell OR Natwest so I'm hoping we can now try and 'completely kill this off' ! I'm sure its not that easy but unsure how long they have to respond to my / our defence now ?

I guess the non compliance of CPR is the big issue, as you mention.

Thanks and look forward to your further, much valued, 'direction'.

Kind regards,

R

[R B 1968]

Re: Court Claim Help Please - Natwest / Irwin Mitchell

Just popped in !

Be back on-line, this evening.

Thanks Budgie / Ame,

Regards,

R

[R B 1968]

Re: Court Claim Help Please - Natwest / Irwin Mitchell

Hi Budgie,

Just popped in briefly before I pop out until late evening.

Welcome back - I don't like to hassle you, as you've been so good, but I just wondered if you'd given any more thought to a possible witness statement ?

By the way - still no correspondance from either I.M. or Natwest, again, today !

Be back on later tonight....

Kindest regards,

R

[Budgie]

Re: Court Claim Help Please - Natwest / Irwin Mitchell

Working on it RB.

I will post it up during the day tomorrow.

There is no rush to get this in, I was rather hoping you would hear something back from the Northampton bulk centre, but no problem if we do not.

Budgie

[R B 1968]

Re: Court Claim Help Please - Natwest / Irwin Mitchell

Thanks Budgie.

Absolutely nothing from anyone at all !

Very strange I think - I even checked and Northants B C have DEFINATELY received my defence OK !

Thanks again,

Kind regards,

R

[R B 1968]

Re: Court Claim Help Please - Natwest / Irwin Mitchell

Hi Budgie,

Just a 'minor' update.

Letter from Northampton B.C. received today.

This just basically acknowledges receipt of our defence and said its been forwarded to I.M. It says the Claimant may contact me direct to attempt to resolve this dispute. If it can't be resolved informally then the claimant will inform the court that they wish to proceed. The court will let me know.

Also it then says that if the claimant wished to proceed then they must contact the court within 28 days of receiving a copy of my defence. After this period the claim will be stayed. The only action that the claimant can then take is to apply to the judge for an order lifting the stay.

Phew........

Ands that about it, really !

Is this all standard stuff ?

Is this good or bad news ?

Thanks, as always,

R

[Budgie]

Re: Court Claim Help Please - Natwest / Irwin Mitchell

Excellent,

That is what I was hoping might happen.

You now have up to 28 days grace, if Irwin Mitchell fail to respond to the Court then the claim will be stayed.

If IM do respond to the Court then Northampton will allocate the claim to a Court nearer to your home.

This changes things a bit with respect to the Witness statement, we do not need to do it just yet and strategically I think we should hold off for a few days.

Basically the defence has had an effect, Northampton are basically saying to IM, "Do you really want to carry on with this claim?"

Will work on witness statement over the weekend, so its ready to go.

Budgie

[R B 1968]

Re: Court Claim Help Please - Natwest / Irwin Mitchell

Brilliant - thanks Budgie !

Glad this is good news & thanks to you (and the team) for making the defence so good / effective !

What's likely to happen now, do you think ?

What exactly does the 'stay' mean - is this just like a hold that I.M. can then re-instigate at a later date ?

I was hoping it would get thrown out and the court would have the attitude that they (I.M.) initiated the claim but as they can't justify it then ......... end of story ?

Look forward to your thoughts ?

Kindest regards,

R
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PS The letter said 28 days from when the claimant receives my defence - what do you think the timescale is now, from this comment ? Is this 28 days OR 28 working days (obviously lots of bank hols etc.. also, at bend of this month !) ?