Does requesting a CCA acknowledge a debt?

[dsc20030]

Re: Does requesting a CCA acknowledge a debt?

What supporting "documentation" have they provided?

Is it the same documents you've posted in your CCA Response from Arrow PDF or are there more?

Di

Nothing, other than the reconstituted CCA agreement

[dsc20030]

Re: Does requesting a CCA acknowledge a debt?

Nothing, other than the reconstituted CCA agreement

sorry, that should have read, nothing at all. they've never sent anything other than the cilvil bill, and the request for notices (discovery and defence). I've never received any "supporting documentation".

I received the reconstituted CCA agreement from Arrow themselves, dated 3/2/14

thanks for all your help here Di xo

[Diana M]

Re: Does requesting a CCA acknowledge a debt?

sorry, that should have read, nothing at all. they've never sent anything other than the cilvil bill, and the request for notices (discovery and defence). I've never received any "supporting documentation".

I received the reconstituted CCA agreement from Arrow themselves, dated 3/2/14

Do do you mean (I think you do) that the Plaintiff has not even disclosed (in these proceedings) documents which Arrow sent to you in 2014 in response to your s.78 CCA Request?

I ask because I saw that CCA response PDF posted on your thread today so I naturally presumed that was the evidence that had been filed at court. Obviously not from what you are now telling me.

I also note a change of solicitors from Blake Lapathorn to the current solicitors since 2013.

Thank you for clarifying the legal situation .

Di

[dsc20030]

Re: Does requesting a CCA acknowledge a debt?

Do do you mean (I think you do) that the Plaintiff has not even disclosed (in these proceedings) documents which Arrow sent to you in 2014 in response to your s.78 CCA Request?
Di

Hi Di, yep, spot on. I have not had any documents at all from the plaintiff's solicitors - McManus Kearney. they have written to me on several occasions;
30/7/15 - to confirm they were representing Arrow, asking me to complete the I&E form (which I did not do)
(I replied to tell them I still had not had a reply to my to their client dated 19/2/14, where I challenged the reconstituted CCA that had been provided by Arrow in Feb2014)
18/9/15 - they asked me for a copy of my letter dated 19/2/14, which i duly did
22/2/16 - enclosing the civil bill
2/11/16 - asking for discovery and defence
2/11/16 - saying not much really

I also note a change of solicitors from Blake Lapathorn to the current solicitors since 2013.
Di

Arrow wrote to me 30/7/15, telling me management of the account had been transferred from Blake Lapathorn to McManus Kearney

[dsc20030]

Re: Does requesting a CCA acknowledge a debt?

[MENTION=87380]Diana M[/MENTION], [MENTION=6]Amethyst[/MENTION], @ Joanna C

Morning guys. Can you please help me prepare my defence, as I'd like to try and issue it today

Any suggestions?!

xo

[Diana M]

Re: Does requesting a CCA acknowledge a debt?

Can you please help me prepare my defence, as I'd like to try and issue it today

Why file it today when you say the deadline is not until next week?

Things may change between now and then especially since you've sent the solicitors a letter and served them with a Form 68A. Who knows what response you'll get from them or what it will contain. And even a non-response could be relevant to your Defence.

The same goes for your response to the Plaintiff's Form 68A request. If that's not due until next week (according to you) then why hand over any documents to them too far ahead of the deadline? They could then use them to support their case since you've implied that they haven't got any, not even the reconstituted CCA which Arrow sent to you in 2014.

Next week's hearing is a review of the case since they've not filed a Certificate of Readiness and six months have gone by. It may not be wise to give them anything too soon so that they can claim they are now "ready" (thanks to you) .

Di

[dsc20030]

Re: Does requesting a CCA acknowledge a debt?

Why file it today when you say the deadline is not until next week?
Di

Hi Di, thanks for the prompt reply. The hearing is Wednesday morning, so when would be best to submit the Defence and Form 68? By post/email on Tuesday? Is that acceptable? Or would it have to be Monday?


Is there any chance the Plaintiff’s solicitor won’t even show on Wednesday?

xo

[Diana M]

Re: Does requesting a CCA acknowledge a debt?

Is there any chance the Plaintiff’s solicitor won’t even show on Wednesday?

I work for a law firm not a clairvoyant

Di

[dsc20030]

Re: Does requesting a CCA acknowledge a debt?

I work for a law firm not a clairvoyant

Di

Haha, well I’ll hope for the best in any case! !

[Diana M]

Re: Does requesting a CCA acknowledge a debt?

The plaintiff did not lodge a certificate of readiness within 6x months of my From 42, so the chief clerk has listed proceedings for next week!

The court letter stated;
Please note the plaintiff has failed to lodge a cert of readiness within 6 months of you lodging and notice of intention to defend
this case had therefore been listed for review before the district judge on xxth Nov 2016 unless the plaintiff lodges a cert of readiness prior to this date.
you are not required to attend unless you wish to make representation to the court.
If the cert of readiness is filed this date will be withdrawn.

According to that letter (Order?) from the court which you posted on your thread, you are not required to attend next Wednesday's hearing.

According to what you've posted on your thread you're not required to file your Defence before 16th November (is that right?).

According to what you've posted on your thread you're not required to file a response to the Form 68A served on you by the Plaintiff for "fourteen days".

Both these deadlines (if they are deadlines but maybe there is an extended legal deadline to deal with postage/service?) expire on 16th November at 4 pm which is after the hearing listed for the morning of 16th November (is it?)

I'm asking these questions because if you go to the hearing which you're not obliged or expected to attend the Judge may ask you what documents you have and then order you to disclose them.

If you're not there (at the hearing which is your legal right) the Judge may ask the same question of the Plaintiff. They may admit they've got none.

I'm only speculating based on what you've posted on the internet and my understanding of tactics

Di

[dsc20030]

Re: Does requesting a CCA acknowledge a debt?

According to that letter (Order?) from the court which you posted on your thread, you are not required to attend next Wednesday's hearing.
Di

Good morning Di, I hope you are well! The letter from the court is dated 29/9/16, please see the attached.

According to what you've posted on your thread you're not required to file your Defence before 16th November (is that right?).
Di

MK's letter is dated 2/11/16 - TAKE NOTICE that the Defendant requires you to furnish to the Plaintiff's solicitors, Further and Better Particulars in writing within fourteen days from the date hereof of your Defence

According to what you've posted on your thread you're not required to file a response to the Form 68A served on you by the Plaintiff for "fourteen days".
Di

MK's letter is dated 2/11/16 - TAKE NOTICE that you are hereby required to make Discovery in Form 68 of any documents which are, or have been, in your possession, custody or power relating to any matter in question in these proceedings AND FURTHER take note that if you fail to comply with this requirement within fourteen days

Both these deadlines (if they are deadlines but maybe there is an extended legal deadline to deal with postage/service?) expire on 16th November at 4 pm which is after the hearing listed for the morning of 16th November (is it?)
Di

The hearing is 16/11/16 at 1030

Both these deadlines (if they are deadlines but maybe there is an extended legal deadline to deal with postage/service?)
Di

Sorry Di, what does this mean?

I'm asking these questions because if you go to the hearing which you're not obliged or expected to attend the Judge may ask you what documents you have and then order you to disclose them.
If you're not there (at the hearing which is your legal right) the Judge may ask the same question of the Plaintiff. They may admit they've got none.
I'm only speculating based on what you've posted on the internet and my understanding of tactics

Di

So I could send the documents first class recorded on the 15th, to both the court and the solicitor, and not have to attend the hearing the following day? The solicitor would have the documents on the 16th, but not before the hearing itself.

what do you think?!

xo

[dsc20030]

Re: Does requesting a CCA acknowledge a debt?

Morning Di, I hope you had a good weekend.

Am i correct in assuming that this Wednesday is not the case itself, but a Review by the judge because the Plaintiff did not lodge a Cert of Readiness within 6x months?

I've checked the court list, and its for review with the district judge, along with 21x other cases (same court number, same time)

[Diana M]

Re: Does requesting a CCA acknowledge a debt?

Am i correct in assuming that this Wednesday is not the case itself, but a Review by the judge because the Plaintiff did not lodge a Cert of Readiness within 6x months?

That appears to be what that letter says.

Ring the court tomorrow to check whether the Plaintiff has filed a Certificate of Readiness at the eleventh hour.

Did you send the court a copy of your letter to the solicitors in which you said you couldn't file your Defence until they had disclosed the documents as asked for in your Form 68A?

And did you send the court a copy of your Form 68A which you served on the Plaintiff?

Di

[dsc20030]

Re: Does requesting a CCA acknowledge a debt?

Ring the court tomorrow to check whether the Plaintiff has filed a Certificate of Readiness at the eleventh hour.
Di

Ok, will do. I might even give them a ring now too.

Did you send the court a copy of your letter to the solicitors in which you said you couldn't file your Defence until they had disclosed the documents as asked for in your Form 68A?
Di

Yep, I sure did

And did you send the court a copy of your Form 68A which you served on the Plaintiff?
Di

Yep, i did this too


I'll give the court a ring now and report back...

Thanks Di

[dsc20030]

Re: Does requesting a CCA acknowledge a debt?

Ring the court tomorrow to check whether the Plaintiff has filed a Certificate of Readiness at the eleventh hour.
Di

Hi Di. I rang the court. The hearing is scheduled as the Plaintiff has not lodged a CoR. There's no need for me to attend either. If they lodge a CoR, the hearing will be cancelled. If they do not, the hearing will go ahead. I will ring again tomorrow to check, then again on Thursday to check on how the hearing went.

I am going to email the court the docs again, just to ensure they definitely have them (I've already posted and emailed). Is there a particular reference format i should use in the subject bar?

Thanks