Court Summons from Sigma re M & S credit Card

[gallahad]

Re: Court Summons from Sigma re M & S credit Card

Thanks MI but i prefer to email the same message so I have a record if thats ok.
G

[mystery1]

Re: Court Summons from Sigma re M & S credit Card

Another company making the rules up as they go along then. What they want to do is put things on hold and set you a deadline when they get their act together which doesn't exactly fit in with CPR.

Phone them and tell them cpr 15.5 says we can extend upto 28 days which will be xx/xx/xxxx and you want that extension agreed or you will be forced to apply for an order from the court, the costs of which you will seek from them.

They are chancing it. Be strong now and it'll show that you are not a pussy and increase the chances of a discontinuance if they can't get the required documents. If you play weak they'll be less likely to give up without settlement whether they get the documents or not.

M1

[gallahad]

Re: Court Summons from Sigma re M & S credit Card

They have stated the 14 days runs from the day they supply the required documents and I have emailed a copy of the letter to the court. I am now considering sending them an email pointing to CPR 15.5 allowing a maximum of 28 days extension and asking them to confirm compliance by the 16th Jan or before (which will allow me 14 days to respond before the 28 day deadline). Stating that should they fail to comply by this date I would be forced to apply for an unless order. Any advice would be welcomed.
G

[gallahad]

Re: Court Summons from Sigma re M & S credit Card

Have read and most helpful thank you again, not sure my old bwain can hold all the info though.
G

[mystery1]

Re: Court Summons from Sigma re M & S credit Card

http://www.legalbeagles.info/forums/...t=unless+order

Have a read

M1

[gallahad]

Re: Court Summons from Sigma re M & S credit Card

Thank you M1 how do I get an unless order?
G

[mystery1]

Re: Court Summons from Sigma re M & S credit Card

Upto 28 days.

Now you forward a copy to the court and let them know. Then you contact the claimants solicitors asap and find out when you can expect compliance. If no joy then you go for an unless order. Do not leave it until time is up. They only gave you 14 days so do it as soon as the courts open for business after the holidays, if required.

Do not enter any defence unless you absolutely have to or it will be taken that you understand the claim.

M1

[gallahad]

Re: Court Summons from Sigma re M & S credit Card

I have received today a letter agreeing an extension for 14 days from when they supply the requested documents. as the court rules state as per 15.5 only 28 days are allowable does this make their letter worthless? what would be my best course of action now?
G

[gallahad]

Re: Court Summons from Sigma re M & S credit Card

No extension confirmation received so looks like I will have to submit and embarrassed defence. I have found quite a number of similar claims now where they have never come up with any paperwork so am not too concerned at putting in a defence by the 1st Jan. I would be grateful for any suggestions re wording of defence.
G

[gallahad]

Re: Court Summons from Sigma re M & S credit Card

Yes shabby again comes to mind.
G

[mystery1]

Re: Court Summons from Sigma re M & S credit Card

Good for them. Pity they don't know the rules though.

The court need informed of a firm date and as per rule 15.5 they can only agree an extension of the original deadline of 28 days maximum.

http://www.justice.gov.uk/courts/pro...art15#IDAUXHCC

Quite how they think they can take as long as they want and over ride the rules is beyond me yet they all try to do it !

M1

[gallahad]

Re: Court Summons from Sigma re M & S credit Card

They phoned back to say their client agrees to a 14 day extension from the day i receive the documents and they are closed xmas day, boxing day and new years day. I asked for the extension to be put in writing.
G

[gallahad]

Re: Court Summons from Sigma re M & S credit Card

Sorry it threw me when they denied receiving the CPR so i i forgot to ask. I am also regretting giving my phone number, there is no Klutz like an old Klutz! :santa_cheesy:
G

[mystery1]

Re: Court Summons from Sigma re M & S credit Card

Keep notes.

When are they closed ?

M1

[gallahad]

Re: Court Summons from Sigma re M & S credit Card

They say they have not received my CPR request although they signed for it on the 14th but they will treat my call as the CPR request and refer to their client re documents and an extension then call me back. So they were not in possession of the documents when they submitted the claim to Northampton Court so it all seems very shabby.
G