Court papers and CPR 31.14 non compliance

[miliitant]

Re: Court papers and CPR 31.14 non comppliance

an extension has been requested as to cpr 15.5 but no response

what options are now left via CPR to avoid judgement by default

[mystery1]

Re: Court papers and CPR 31.14 non comppliance

Sometimes it's how you ask.

If a company signed the POC then that's a screw up. If an individual signed it thenwhat they said can't be said without having seen the documents.

M1

[miliitant]

Re: Court papers and CPR 31.14 non comppliance

INTERESTING

[ruthles112]

Re: Court papers and CPR 31.14 non comppliance

Right guys - thanks. The claim was signed by Jim Taylor, Claimant's solicitor. (obviously printed not written on the N1CPC form) What now?

[mystery1]

Re: Court papers and CPR 31.14 non comppliance

Now you phone them up and ask for an extension for filing your defence, confirmed via email, until the 5/12/12.

Obviously there first response will be we told you already or just no.

Then you ask how Jim Taylor signed a statement of truth (poc) that said "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"

How does he know about the agreement if he hasn't seen it ? How does he know the default notice is pursuant to cca 74 without seeing it ?


http://www.justice.gov.uk/courts/pro...art32#IDAMWBKC

http://www.justice.gov.uk/courts/pro...art32#IDA5SSBB

Jim Taylor is not allowed to guess and must have an honest belief in the truth of what he says.

Give me my extension or i will apply to the courts to have him charged with contempt of court.

Make sure they email it to you.

M1

[ruthles112]

Re: Court papers and CPR 31.14 non comppliance

If I ring and they still wont allow additional 28 days what action must I take re the Court defence due tomorrow? I'm very short of time myself and really need to try to act this afternoon or latest tomorrow afternoon (not available tomorrow morning).

[mystery1]

Re: Court papers and CPR 31.14 non comppliance

Then we'll have to enter an embarrassed defence but we really don't want to as it could have cost implications.

Aside from that it makes you look weak as the opponent now thinks that you are scared as you didn't follow through on the threat in your 31.14 request for additional time etc. This is a mistake many make imo.

M1

[miliitant]

Re: Court papers and CPR 31.14 non comppliance

I will post up one of my defence if people care to comment

give me 30 minutes

[ruthles112]

Re: Court papers and CPR 31.14 non comppliance

Ok. I phoned and their claim handler agreed without quibble to the additional 28 days. I didn't need to threaten. I now have an email confirming additional 28 days but not the actual deadline date. What now - just send to Court?

[mystery1]

Re: Court papers and CPR 31.14 non comppliance

Email her back just to confirm that it's extended to the 05/12/12 just to be ultra safe.

Yes forward to the court which is your responsibility.



M1

[miliitant]

Re: Court papers and CPR 31.14 non comppliance

problem solved

and please CC the email to the court WITH YOUR AGREEMENT and solicitors as to the extension as to CPR 15.5

[ruthles112]

Re: Court papers and CPR 31.14 non comppliance

Have done that but no reply yet. Can't get hold of the court either at present but they had given me an email address to submit form N244 if required. Would it be the same to communicate 28 day extension. (ccbcdefendants@hmcts.gsi.gov.uk). Thanks so much for your patience and help.

[miliitant]

Re: Court papers and CPR 31.14 non comppliance

as long as you can confirm it has been sent, should be no problem as it is the claimant who asks for a judgement by default. but they have just agreed an extension. you also have the email from the solicitor agreeing as well

just keep phoning the court, they are open till 4pm

[ruthles112]

Re: Court papers and CPR 31.14 non comppliance

They confirmed date and agreement has been forwarded to court so we now have until 5 Dec. Can you explain what's next. If they still haven't given me the docs say towards end of Nov, and we go for (strike out?) does this mean they can't bring case again (sort of double jeopardy)? and that's the end of it. Alternatively we ask for an order to compel them to provide the copies requested. What are the pros and cons?

[miliitant]

Re: Court papers and CPR 31.14 non comppliance

we can apply for a strike out with an N244 application (£80 fee refundable) or we wait for the allocation questionaire stage (free)

i myself would go with the strike out application but thats me