Help for my mum - Lowells issuing court forms for a CCJ

[helpformymum]

Re: Help for my mum - Lowells issuing court forms for a CCJ

Thanks Flaming Parrot. Is the extra 28 days you've mentioned on top of the 28 days that are given by acknowledging the claim on MCOL?

[CleverClogs]

Re: Help for my mum - Lowells issuing court forms for a CCJ

What you need to do is phone them and get them to agree to an extension to submit the defence. Make sure to ask for the full 28 days the CPR allows and get them to put it in writing. As they have agreed to request documents, there is no reason they shouldn't agree to an extension.

No reason, that is, other than Bwyan Carter being Bwyan Carter. Still, it's worth trying!

A Charging Order can only be recorded against a property you own. If the property is jointly owned, they can only record a restriction. Obviously if your mum's name is not on the mortgage or the deeds, then no charge can be recorded against her.

Nor even a restriction or caveat.

Thanks Flaming Parrot. Is the extra 28 days you've mentioned on top of the 28 days that are given by acknowledging the claim on MCOL?

Yes.

[helpformymum]

Re: Help for my mum - Lowells issuing court forms for a CCJ

Hi, can someone let me know if its possible the request for further time can be made by email as my mum is really nervous about making the call and often gets tongue tied when on the phone.

If so, should the email be kept short and sweet or should it be detailed as to why she wants more time? Can someone help with what to write if possible?

Thank you all

[helpformymum]

Re: Help for my mum - Lowells issuing court forms for a CCJ

Hi all, I really need some urgent help now. My mum has rang and spoke to bryan carter solicitors and they have refused to give an extension just telling her that she has had enough time already. What can we do now because time is nearly up?

[mystery1]

Re: Help for my mum - Lowells issuing court forms for a CCJ

Well she can either negotiate a payment schedule, try and force the issue using the cpr's or defend.

Carter is correct that cpr 31 does not apply to small claims track. However the claims is trackless until it is allocated. She could follow the advice from around post 40 http://www.legalbeagles.info/forums/...highlight=zhan and/or http://www.legalbeagles.info/forums/...highlight=zhan

It is unlikely they have the documents but it's hard to tell how easily they can obtain them. This process is harder when it will end up as a small claim but that technically shouldn't matter. In order to keep hiding it from your dad it MAY and i stress, may, be a good option but it does run the risk of costs being added if it doesn't go her way. Normally i'd ask for a hearing if an application is made but in her case probably not and hope the judge is a good one.


She can defend on the unfulfilled s78 request alone but if they can fulfil it then it's trouble. There would be no defence and settlement would be required.

M1