Court papers and CPR 31.14 non compliance

[ruthles112]

Urgent help please. My time is running out (defence due Tuesday 6/11/12). Have been following threads by Militant, Mystery1 and Curlyben and so far have acknowledged service, sent CPR31.14 and CPR 15.5 requests. No written response yet from solicitor (acting for Arrow Global Guernsey). Their 7 days for response is well over so phoned on Friday. They confirmed my letter received and papers requested from client and also that file is now on hold until paperwork received. They could give no date to acquiese with my request. I sent email (high priority with read receipt) confirming conversation and again requesting 28 day extension ''as I can’t put my defence forward until I receive the documents from you that you are going to rely on and the only option I have if you can’t agree the extension is to apply to the Court which will incur costs and which I will seek to recover from you for your failing to provide me with the documents I need to formulate my defence. Please confirm in writing that you will not proceed with your claim until I have been supplied with copies of the requested documents and that you will agree to an extension of 28 days from my receipt of those documents for me to be in a position to submit my defence to the court.' No ack yet.
If I don't get a reply what's the best way forward? Send N244 request to court which will cost me £45 or is there some other way? I believe I can do N244 on line but do I have to provide any other paperwork at this time.. Decided to start new post as there are so many threads to keep tabs on that answer some of my questions. But thanks for all that I have gleaned so far.

[miliitant]

Re: Court papers and CPR 31.14 non comppliance

i have just the defence in my file, we will do a strike out at the AQ stage

can you please type up the particulars of claim word for word

usually starts "money owed"

[ruthles112]

Re: Court papers and CPR 31.14 non comppliance

Oh thanks so much for speedy reply. As requested:
"1) The claimant's claim is for the sum of £12xxx,xx being monies due from the defendant to the claimant under a regulated agreement between the defendant and MBNA Euorope Bank Ltd (no xxxx ) and assigned to the claimant on 20/12/11, notice of which has been provided to the defandant. 2) The defendant has failed to make payment in accordance with the terms of the agreement and a default notice has been served pursuant to the Consumer Credit Act 1974. 2) The claimant claims the sum of £12xxx.xx. 4) C has complied, as far as is necessary, with the pre-action conduct practice direction. Number"
Please note that where all this is printed on the court form N1CPC some of the ends of the sentences are missing notably the account number!! and I have no idea with the spurious 'Number' at the end is all about. Even if they do eventually supply any copies the account number will not match exactly what is printed on the court form! Does this help?

[miliitant]

Re: Court papers and CPR 31.14 non comppliance

did you receive a default notice, assignment notice

have you acknowledged the debt with the debt collection agency

[ruthles112]

Re: Court papers and CPR 31.14 non comppliance

PS - what's the AQ stage? All these acronyms do my head in. Newbies like me need a crib sheet to refer to for all the new expressions and references.

[miliitant]

Re: Court papers and CPR 31.14 non comppliance

i apologise

AQ

ALLOCATION QUESTIONAIRE

the next stage after the defence has gone in is the allocation stage. a judge decides if the claim is small calims (under £5000) or fast tract over 5 k

on the form that is sent to you you can apply for a strike out for non compliance as allocation questionaire as its a case management document for the judge

you will get the hang of these terms used and i apologise as sometimes i take it for granted

[ruthles112]

Re: Court papers and CPR 31.14 non comppliance

No default notice or assignment notice received (but I have moved a couple of times.) Quick resume is MBNA suddenly reduced my credit limit back in June 2009 from £13xxx to £10xxx. At that time I wasn't behind with any repayments so decision was out of the blue. It came at a time when I was heavily reliant on that credit being available as I was sole trader and living in a mobile home and had got planning to build house. I'd been working towards the planning for 4 years and value of my property increased significantly with planning. Bank were happy to help me build up my business and fund build secure in the knowledge that property would cover their loans. However, credit reduction and general bank crisis at the same time caused them to rethink and also had knock on effect with other credit cards who also reduced their limits. I was forced to make the decision to try to sell as I couldn't carry on with no backing. Wrote to MBNA asking for their patience and requesting they stop adding interest. My £10300 spend escalated to the almost £13K they are claiming. Many months of calls and letters from them trying to agree settlement but every time I asked for them to put the agreement of a reduced sum in writing so I could show to bank to get a further loan didn't materialise. Meanwhile I was making a regular monthly very small payment. All my resources were taken up with keeping the bank happy so I was able to continue living and trading from my property. To my mind stopping the bank foreclosing was the top priority. Eventually as MBNA had not put a settlement offer in writing I took matters into my own hands and wrote to them with a full and final settlement offer (again an absolute minimum figure). Two cheques sent one month apart clearly marked 'in full and final settlement' both of which they cashed with no further communication. Final pmt was June 2010. Next communication was from AIC on their behalf in Sept 2010 (first I'd heard from them) then 2 letters from Aegis in Oct and end Nov 2010. Wrote to Aegis on 10 Dec 2010 advising that F&FS was accepted by their cleint some time ago and I understood that to be the end of matter. Meanwhile I was forced to try to sell up and move and eventually found a buyer. Then in Nov 2011 two letters from Wescot on behalf of MBNA chasing payment which I ignored. Then 30 March 2012 and 10 April letters from Fairfax on behalf of Arrow Global Guernsey. Letter sent to Fairfax advising never heard of or had an account or dealings with AGG and that MBNA a/c had been settled. They placed matter on hold and eventually wrote at end of May advising that AGG were assigned debt from MBNA and MBNA said they did not accept the cheque as F&FS and 'by processing the cheque this did not amount to acceptance of any settlement by MBNA. Due to the debt outstanding on the account,MBNA were within their rights to process the cheque.' Ignored all this and more letters from them in July and Aug still demanding money.Then new kids on the block Shoosmiths wrote in Sept saying unless I agreed a repayment proposal with them within 14 days they would take court action. Court papers issued 5 Oct. I think you know the rest. Sorry this is a bit long winded.

[ruthles112]

Re: Court papers and CPR 31.14 non comppliance

thanks. my reply to your earlier questions took some research into timelines etc. When you've had a chance to digest that please let me know whether I still have to submit my defence on Tuesday or if we can avoid that altogether.

[miliitant]

Re: Court papers and CPR 31.14 non comppliance

ill have the defence ready by morning

[ruthles112]

Re: Court papers and CPR 31.14 non comppliance

You're a star. Thank you so much. Will leave you in peace until tomorrow.

[mystery1]

Re: Court papers and CPR 31.14 non comppliance

My take on things is different. IMO you need to force them to accept a date for extension. They do not have the right to issue a claim and then ignore the CPRs. The CPR says you can agree an extension upto 28 days. You need to get a date. 7th Novemebr + 28 days is 5th December. Should you defend you are generally taken to understand the claim.

Who signed the claim form ?

M1

[ruthles112]

Re: Court papers and CPR 31.14 non comppliance

Solicitors still haven't acknowledged or replied to my email again requesting 28 day extn. My defence must be in tomorrow but still waiting for Militant's input. If they're not complying do I have to submit my defence?

[mystery1]

Re: Court papers and CPR 31.14 non comppliance

Hopefully not.

Who signed the claim form ?

M1

[miliitant]

Re: Court papers and CPR 31.14 non comppliance

as a rule i would do an application notice to strike out but as its tomorrow the dead line for the defence, i will wait on mystery1 comments

the way i see it is

how can you defend if you have no papers to base your defence on

[mystery1]

Re: Court papers and CPR 31.14 non comppliance

I just want to force an extension so time is less important to make better decisions.

M1