Received a court summons in the post this morning

[SlightlyConcerned]

Re: Received a court summons in the post this morning

33 days? I thought I had 28 after replying to the Acknowledgement of service? Sorry for my ignorance.

Now you've mentioned it, I can't remember ever getting a default notice, but it was a long time ago. I'll get cracking on this lot. Thanks for all your help so far, your a star!

SC

[FlamingParrot]

Re: Received a court summons in the post this morning

33 days? I thought I had 28 after replying to the Acknowledgement of service? Sorry for my ignorance.

No apology necessary. It is 28 days but an extra 5 days are allowed for service. That's why we count from the date printed and not the date you received the claim.

Now you've mentioned it, I can't remember ever getting a default notice, but it was a long time ago. I'll get cracking on this lot. Thanks for all your help so far, your a star!

SC

If it was a loan, a default notice should have been issued to comply with s.87(1) of the CCA. If it was an overdraft they should have sent a formal demand but we are working on the assumption that it was a loan.

[SlightlyConcerned]

Re: Received a court summons in the post this morning

Thanks for all your help. Everything filled out, printed and ready to be put in the post tomorrow. Then the bit I hate the most. Waiting! Will keep this thread updated as and when I hear anything and will lurk around and try to help if I can. :clap2::clap2::clap2::clap2:

SC

[FlamingParrot]

Re: Received a court summons in the post this morning

Thanks for all your help. Everything filled out, printed and ready to be put in the post tomorrow. Then the bit I hate the most. Waiting! Will keep this thread updated as and when I hear anything and will lurk around and try to help if I can. :clap2::clap2::clap2::clap2:

SC

You can say that again! Unfortunately anything to do with the legal process seems to take AGES! I've had two appearances (on a totally different matter) and, so far, no decision, and when I get my decision, it won't even be the final one yet. :mmph:

[SlightlyConcerned]

Re: Received a court summons in the post this morning

Now that really sucks. You get to a point where you just want it over and finished with (prefably in your favour). Shall have to wait and see what happens, no point worrying about it untill you hear something.

[SlightlyConcerned]

Re: Received a court summons in the post this morning

Good Morning everyone,

Wanted to give you all an update on this. Sent both requests to 1st credit and Lester aldridge on 30/5/15 via signed for, these were signed for on 1/6/15. Got the standard reply (we have requested these documents and will forward them to you etc etc) which was dated 3/6/15 and received on the 5/6/15. So far I have not received anything else and by my claculations (which could be off as just finished a night shift lol) the time period on both have now passed. What is the next course of action?

Thanks everyone!

SC

[nemesis45]

Re: Received a court summons in the post this morning

CPR 31.14 sent? 7days to comply usually the claimants sols will decline compliance on the grounds that a debt will be allocated to the small claim track.

CCA request sent: 12 + 2 Working Days to comply, non compliance once time scale expires renders
the debt unenforceable until the agreement is provided.

It would be worth a quick call the court to check on the status of the claim.

nem

[FlamingParrot]

Re: Received a court summons in the post this morning

Good Morning everyone,

Wanted to give you all an update on this. Sent both requests to 1st credit and Lester aldridge on 30/5/15 via signed for, these were signed for on 1/6/15. Got the standard reply (we have requested these documents and will forward them to you etc etc) which was dated 3/6/15 and received on the 5/6/15. So far I have not received anything else and by my claculations (which could be off as just finished a night shift lol) the time period on both have now passed. What is the next course of action?

Good morning

You don't need to chase the CCA request because non-compliance is a bar to enforcement and that fact can be used in your defence.

You DO need to chase the CPR 31.14 request which they should have replied to in 7 days so it's long overdue. You can do that by post, phone and/or email, depending on how much time you've got. As it's the end of the week today, an email followed by a phone call if they don't reply may be best at this point. You need to tell the solicitors that you need the documents to prepare your defence and, as they haven't supplied them, would they kindly agree to a 28 day extension to file your defence, as allowed under CPR 15.5.

If they agree, they can send you an email which you should forward to the court as it's your duty to inform the court if an extension has been agreed. :typing:

[SlightlyConcerned]

Re: Received a court summons in the post this morning

Afternoon guys.

Yes, last thing I heard from either 1st credit or Lester Aldridge ware the standard acknowledegment letters (both seem to have been posted on the same day and recieved 2 days later). In the process of trying to login to money services online (banging my head against a brick wall springs to mind). Would it be possible to draft a rough e-mail? I don't like the idea of phoning them, much rather have it in black and white. The deadline is next Friday (26th) so have a bit of time on my side.

THanks for all the help guys

SC

[FlamingParrot]

Re: Received a court summons in the post this morning

Afternoon guys.

Yes, last thing I heard from either 1st credit or Lester Aldridge ware the standard acknowledegment letters (both seem to have been posted on the same day and recieved 2 days later). In the process of trying to login to money services online (banging my head against a brick wall springs to mind).

Why are you trying to log in to Money Claim Online (presumably you mean that site, i.e. MCOL where you deal with your claim online). :confused2: Your defence is not due yet...

Would it be possible to draft a rough e-mail? I don't like the idea of phoning them, much rather have it in black and white. The deadline is next Friday (26th) so have a bit of time on my side.

Yes, all you have to say is something like:

Claim number and details (i.e. 1st Credit v Slightly Concerned) on subject field of the email so they know what you're on about.

On May 29th 2015 I received a claim from yourselves and have acknowledged service and stated my intention to defend the claim in full.

On May 30th 2015 I sent a request under CPR 31.14 to yourselves, for the documents referred to on the particulars of this claim, which was received on June 1st 2015, giving you 7 days to respond. The documents requested should have been in your possession before issuing a claim.

I am a litigant in person and need the documents to be able to assess my position and prepare my defence which is due on June 26th 2015. As you have not supplied me with the documents, I would like to request your agreement to a 28 day extension to file my defence. CPR 15.5 states that the parties can agree to an extension of up to 28 days. Kindly confirm your agreement so I can notify the court.

Yours faithfully

[SlightlyConcerned]

Re: Received a court summons in the post this morning

Hi everyone,

Once again, thanks for your continued help on this, Sent an e-mail to them but am so far waiting a response. I was thinking of starting to draft my defence, but need a few pointers. Given that both companies have been unable to provide me with the requested documentation, within the statutory time frame, also given that the hsbc account this debt relates to is not on my credit report (both Equifax and Experian), should I go the sb'd route? The only documents I have are the signed for delivery recepts (printed those off) and the standard acknowledgment letters from both companies.

Any help and guidance would be much appreciated, out of my depth with this!

SC

[FlamingParrot]

Re: Received a court summons in the post this morning

Hi everyone,

Once again, thanks for your continued help on this, Sent an e-mail to them but am so far waiting a response. I was thinking of starting to draft my defence, but need a few pointers. Given that both companies have been unable to provide me with the requested documentation, within the statutory time frame, also given that the hsbc account this debt relates to is not on my credit report (both Equifax and Experian), should I go the sb'd route? The only documents I have are the signed for delivery recepts (printed those off) and the standard acknowledgment letters from both companies.

Any help and guidance would be much appreciated, out of my depth with this!

SC

If you tell them the debt is SBd, the onus would be on them to show that it isn't (if they can).

This is an example defence if you are saying the debt is statute barred as well as not having received any documents: http://www.legalbeagles.info/forums/...011#post494011

This is the generic defence if you are not saying it's statute barred, just that you have not received the documents: http://www.legalbeagles.info/forums/...t-Court-Claims

They need to be adapted to suit but should give you a start. :thumb:

[FlamingParrot]

Re: Received a court summons in the post this morning

Hi everyone,

Once again, thanks for your continued help on this, Sent an e-mail to them but am so far waiting a response. I was thinking of starting to draft my defence, but need a few pointers. Given that both companies have been unable to provide me with the requested documentation, within the statutory time frame, also given that the hsbc account this debt relates to is not on my credit report (both Equifax and Experian), should I go the sb'd route? The only documents I have are the signed for delivery recepts (printed those off) and the standard acknowledgment letters from both companies.

I've just gone back to the beginning of the thread and your defence is not due till the end of the week. Are you waiting for an email with regards to requesting an extension from them?

[SlightlyConcerned]

Re: Received a court summons in the post this morning

I've just gone back to the beginning of the thread and your defence is not due till the end of the week. Are you waiting for an email with regards to requesting an extension from them?

Thats the thing, I sent it off to them then thought that'll be helping them out by giving them more time. Sunday is the deadline but will send it in on Friday.

SC

[FlamingParrot]

Re: Received a court summons in the post this morning

Thats the thing, I sent it off to them then thought that'll be helping them out by giving them more time. Sunday is the deadline but will send it in on Friday.

SC

The idea is to give yourself more time. Bear in mind submitting your defence is not the end of the process, once you do they have 28 days to respond to the court and say whether they wish to proceed with the claim, after that the court will send both directions questionnaires that have to be returned, then the court will give directions which will include the disclosure of documents. They can provide the documents at any point so they will still have plenty of time to try and obtain them.