Bryan Carter issued litigation proceedings in County Court.

[FlamingParrot]

Re: Bryan Carter issued litigation proceedings in County Court.

Did you send the email as suggested above?

[Davefisher]

Re: Bryan Carter issued litigation proceedings in County Court.

Sorry to be dim here but do I put the revised date of the hearing in the subject line or the original?

-'case number', '*****vs*****', 'December 11th 2013'-?

And do I simply let them know in my own words? Do I expect an email reply to confirm it?

Apologies.

[littlebert8]

Re: Bryan Carter issued litigation proceedings in County Court.

Just send an email to the court at ccbcdefendants@hmcts.gsi.gov.uk

Take note of Practice Direction 5B - particularly:

4.8 Where proceedings have been commenced, the subject line of the e-mail must contain the following information –
(1) the case number;
(2) the parties' names (abbreviated if necessary); and
(3) the date and time of any hearing to which the e-mail relates.

[Davefisher]

Re: Bryan Carter issued litigation proceedings in County Court.

Just checked online and I filed the AOS on the 31st of October and it was received by the court an hour after I'd done it.

Can anyone help? How do I go about informing the court of the agreed extension?

[Davefisher]

Re: Bryan Carter issued litigation proceedings in County Court.

Anyone? How do I inform the court of the extension?

[Davefisher]

Re: Bryan Carter issued litigation proceedings in County Court.

Surely though they still need to produce the ' evidence ' they will be relying on

Meaning the agreement? If that's what you're talking about then one doesn't even exist...

[ODC]

Re: Bryan Carter issued litigation proceedings in County Court.

Surely though they still need to produce the ' evidence ' they will be relying on

[Davefisher]

Re: Bryan Carter issued litigation proceedings in County Court.

Absolutely! I done it online and they stated something along the lines of it counting as if I'd done it on the fifth day or something. I 100 percent done it but I'll log onto my account in the morning and check that it's all ok. All of my details are on my tablet which is in my office desk!

So how do I go about informing the court of an extension?

[FlamingParrot]

Re: Bryan Carter issued litigation proceedings in County Court.

Ok, I got my reply and it isn't what I'd hoped for. Can someone help me out? Posting a pic in a min

Why not? What's wrong with it? They have agreed to an extension as they should, until Dec 11. :thumb:

Now you have it in writing, you should notify the court of the extension. :typing:

I note on the letter below that there seems to be doubt with regards to your having acknowledged service. Did you?

We write further to your recent letter requesting disclosure under part 31 of the civil procedure rules and request for an extension.

We confirm the claim form was issued by the Northampton county court bulk centre and the court's protocol was followed when issuing the claimant's particulars of claim. Practice direction 7c point 1.4 (3A) eliminates the requirement to attach the documents to the particulars of claim when they are issued by this court.

We confirm that the claim will most properly be allocated to the small claims track as this is a simple contractual matter and part 31 of the civil procedure rules will therefore not apply. We confirm that we have nevertheless requested documentation from our client and hope to revert to you shortly, although this will not be within seven days. It is the original creditor's policy to issue any agreements on or around the date of the contract and statements throughout the duration of the agreement and, in this regard, we ask you to refer to your own records.

We confirm we are agreeing to an extension of 14 days to allow you more time to prepare and file your defence, being 11th December 2013.

Please note that we have not yet been informed that you have filed the acknowledgement of service. As you are will be aware a claim was issued in this matter on 24th October 2013.please respond to the claim using the response pack provided by the court. You should comply with the deadlines outlined by the court in order to avoid a default judgement being entered against you.
.

We recommend you seek independent legal advice.

[Davefisher]

Re: Bryan Carter issued litigation proceedings in County Court.

We write further to your recent letter requesting disclosure under part 31 of the civil procedure rules and request for an extension.

We confirm the claim form was issued by the Northampton county court bulk centre and the court's protocol was followed when issuing the claimant's particulars of claim. Practice direction 7c point 1.4 (3A) eliminates the requirement to attach the documents to the particulars of claim when they are issued by this court.

We confirm that the claim will most properly be allocated to the small claims track as this is a simple contractual matter and part 31 of the civil procedure rules will therefore not apply. We confirm that we have nevertheless requested documentation from our client and hope to revert to you shortly, although this will not be within seven days. It is the original creditor's policy to issue any agreements on or around the date of the contract and statements throughout the duration of the agreement and, in this regard, we ask you to refer to your own records.

We confirm we are agreeing to an extension of 14 days to allow you more time to prepare and file your defence, being 11th December 2013.

Please note that we have not yet been informed that you have filed the acknowledgement of service. As you are will be aware a claim was issued in this matter on 24th October 2013.please respond to the claim using the response pack provided by the court. You should comply with the deadlines outlined by the court in order to avoid a default judgement being entered against you.
.

We recommend you seek independent legal advice.

[Davefisher]

Re: Bryan Carter issued litigation proceedings in County Court.

Can't figure out how to attach photos with my phone and I left my tablet at work, so I'll resort to typing it out

[Davefisher]

Re: Bryan Carter issued litigation proceedings in County Court.

Ok, I got my reply and it isn't what I'd hoped for. Can someone help me out? Posting a pic in a min

[Davefisher]

Re: Bryan Carter issued litigation proceedings in County Court.

Letters all signed signed for. Got screenshotted of their digital signatures too and the time they were signed for. Just waiting for their replies.

Re: Bryan Carter issued litigation proceedings in County Court.

Could there be more debts this wanton strumpet may have taken out in your name?

I've fixed your post for you. :grin:

[Davefisher]

Re: Bryan Carter issued litigation proceedings in County Court.

Yes, but you have to get them to agree to an extension. This is different from when you send a CCA request and the account is put on hold till they comply, they have issued proceedings and you don't want them to obtain default judgment when you fail to lodge a defence within 28 days of the claim. :scared:

The CPR 31.14 letter says


and



Bryan Carter should agree to the extension, then you'd have to notify the court of this agreement.

If they are discontinuing the claim they'll tell you in writing. ray:

Ok thanks! I shall keep you informed as it unfolds.