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14 day notice from solicitors received.

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  • #16
    Re: 14 day notice from solicitors received.

    ..in comleting the AoS online should I check the box which referes to the court jurisdication?

    Comment


    • #17
      Re: 14 day notice from solicitors received.

      Originally posted by M1970 View Post
      ..in comleting the AoS online should I check the box which referes to the court jurisdication?
      Only if you reside outside the UK, I believe.

      and.......

      CPR request looks fine to me, hopefully others will confirm!

      Send it recorded delivery.
      Last edited by fluffystuff; 10th December 2012, 17:22:PM. Reason: Additions..

      Comment


      • #18
        Re: 14 day notice from solicitors received.

        Reads good to me. Court jurisdiction should not be changed, however you can ask for the case to be transferred to your local court if the case requires you to travel unreasonable distance to defend yourself.

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        • #19
          Re: 14 day notice from solicitors received.

          thank you guys. I will send as is and hope for the best. Wish me luck.

          Comment


          • #20
            Re: 14 day notice from solicitors received.

            Remember they have 7 days from when they receive your CPR request to respond so post back here next week at the latest, to update.

            Good luck!

            Comment


            • #21
              Re: 14 day notice from solicitors received.

              The update is, I received a letter from the debt collecting agency today stating that they are still waiting for documentation from the original lender, they goon to state that if I need extra tie to file my defence they grant me 28 days.

              Do I need to request an extention from the court while they get their paperwork in order?

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              • #22
                Re: 14 day notice from solicitors received.

                No, just send a court email informing them that the Claimant granted you 28 days to file your defence pending receipt of "requested documentation as per CPR31 request of [DATE]". I would attach a copy of your CPR31 letter and make sure that you send the other side a copy of your court letter. Although strictly not required I found that keeping the court informed and CCd on every communication with the other side keeps the other side on their toes.

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                • #23
                  Re: 14 day notice from solicitors received.

                  Thanks for your help.

                  Comment


                  • #24
                    Re: 14 day notice from solicitors received.

                    Originally posted by M1970 View Post
                    The update is, I received a letter from the debt collecting agency today stating that they are still waiting for documentation from the original lender, they goon to state that if I need extra tie to file my defence they grant me 28 days.
                    ?

                    28 days from when? You must ensure that you agree an actual date with them, in writing!

                    Comment


                    • #25
                      Re: 14 day notice from solicitors received.

                      an exact date is not indicated on their letter. I will ask them to confirm this when I send them a copy of my letter to the court. Thank you.

                      Comment


                      • #26
                        Re: 14 day notice from solicitors received.

                        hello and Happy New Year

                        I have received a letter dated 14th January 2013 from DCA confirming the final date for filing my defence is the 4th February 2013.

                        The original summons is dated the 5th December 2012, my CPR 31.14 request is dated the 11th December 2012 the DCA letter granting an extention of 28 days (but with no specific date) is dated the 13th December 2012.

                        Comment


                        • #27
                          Re: 14 day notice from solicitors received.

                          Have you done any further research into what the FSA might do if you get a CCJ? A CCJ might not be problematic. Check the FSA's rules. A Bankruptcy Order would be though.

                          Also, have you considered an IVA? Creditors are more likely to accept a repayment schedule through an IVA if the others are in agreement. An IVA will not scupper your membership of the FSA I should imagine.
                          Last edited by The Debt Star; 18th January 2013, 13:44:PM.

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                          • #28
                            Re: 14 day notice from solicitors received.

                            Originally posted by The Debt Star View Post
                            Have you done any further research into what the FSA might do if you get a CCJ? A CCJ might not be problematic. Check the FSA's rules. A Bankruptcy Order would be though.

                            Also, have you considered an IVA? Creditors are more likely to accept a repayment schedule through an IVA if the others are in agreement. An IVA will not scupper your membership of the FSA I should imagine.
                            Sadly, if a CCJ is a problem in any context, an IVA is likely to be even more of a problem, because an IVA is a form of insolvency while a CCJ is not. So if, say, you ever had to answer the question "have you ever been declared insolvent?" you'd have to reply "yes" if you had an IVA but could safely say "no" with a CCJ.

                            As you can see here ---> http://webarchive.nationalarchives.g...bankruptcy.htm an IVA requires the services of an Insolvency Practitioner to administer it.

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                            • #29
                              Re: 14 day notice from solicitors received.

                              Good post Parrot, thanks. I was wondering what other options the OP has.

                              Comment


                              • #30
                                Re: 14 day notice from solicitors received.

                                One must surely wonder just what debt the OC had actually assigned, as the assignment was made within the default period.

                                See the attached file.
                                Attached Files

                                Comment

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