Northampton County Court claim received

[Foxyflugel]

Re: Northampton County Court claim received

Hi everyone

How long do I wait for a response from the solicitors?? I sent the CPR 31.14 request on 3rd December - 1st class recorded.

Thanks :santa_smiley:

[CleverClogs]

Re: Northampton County Court claim received

I have posted the agreement that I received (minus several pages of t&cs) and the letter I received from the solicitors.

Dear Miss B,

You have left your name visible on the Letter Before Action.

Also, the pages of terms and conditions could be important as, if they were dated later than the agreement, the creditor will not have complied with your s77 request.

[Amethyst]

Re: Northampton County Court claim received

removed LBA as identified poster xx

[mystery1]

Re: Northampton County Court claim received

Hi everyone

How long do I wait for a response from the solicitors?? I sent the CPR 31.14 request on 3rd December - 1st class recorded.

Thanks :santa_smiley:

You don't wait. Monday morning you phone and ask the claim handler why thet have failed to comply with your request and when they will. Once you've listened to the bullshit you'll no doubt get in reply tell them they have 3/4 more days and tell them you want written confirmation that they agree to an extension for YOU to file your defence of 28 days and you want the actual date confirmed in writing.

M1

[Foxyflugel]

Re: Northampton County Court claim received

Ooooppppppps Oh poo. Could be worse, I could of left my full name and address on. Thanks for removing it Amethyst :reindeer:

[Foxyflugel]

Re: Northampton County Court claim received

Mystery 1 - I called them today and the young lady refused to put me through to anyone and insisted on knowing what I was calling for. I told her and she toddled off and came back to the phone and said that 'they' had said I had to call Arden CM as they would be dealing with my request letter. I then said that surely it was them who should be dealing with it as they are the solicitors acting on the behalf of the creditor. No joy!!

I called Arden CM and - yet again - the person would not put me through to their litigation department. He confirmed that they had received my letter from Earlswood on 5/12/13. The guy came back to the phone and said that the litigation department had told him to advise me that I would be getting further documentation from the court - I questioned if this would be the documents I requested and tbh - he just seemed to be fobbing me off. He said they would confirm in writing that they had received my request..mmmm.

Any suggestions?? - as I feel like I've just been fobbed off today as no-one in seniority would talk to me. :-((

When is my deadline for my defence??

Thanks :santa2:

[mystery1]

Re: Northampton County Court claim received

28th November claim form plus 5 for service and 14 days for AoS. I assume you did acknowledge service and therefore you get a total of 33 days from 28th November to defend.

I make that 31/12/13

So as to today, you need to email them a transcript of the chat so you can use this as evidence later on.

Tomorrow you need to do it again but be more assertive. Let them know that you will be forced to apply to the court if they will not be forthcoming. Tell them in light of the Jackson reforms and the Mitchell case the courts expect both parties to help move the claim forwards to identify the issues at hand so as to limit the work of the court. Any deliberate failures such as you experienced today will likely be frowned upon. The rules allow for disclosure and it's in their own interest tofollow the rules rather than have the court force them to follow as it'll get expensive for them pretty quickly.
How much are we talking about roughly ?

M1

[Foxyflugel]

Re: Northampton County Court claim received

Hi Mystery - email who a transcript of the conversation? I did the online AOS on 3/12/13.

The amount is approx £8.5k but I am confused slightly - as a solicitor successfully dealt with a credit card matter for me last year and at the time of default it was exactly (to the penny) the amount of this claim!! Just think this is extremely coincidental for it to be the exact amount.

I will try again tomorrow but I'm already feeling frustrated as I can't make them put me through to the claim handler :-((

[mystery1]

Re: Northampton County Court claim received

Whoever you spoke to.

Don't be frustrated. Just make an effort. If you go to court to seek disclosure the evidence that you are making an effort now will stand you in good stead and make them look bad. You can't make them do anything but you can explain the consequences of their choices and point it out to the judge. If you've emailed them with the jist of the conversation you can use this evidence to sway the judge. If they want a judge to see what they are up to then that's up to them.

Quite how what they are doing is in accordance with the over riding objective of the CPR's is beyond me.

http://www.justice.gov.uk/courts/pro...l/rules/part01

Duty of the parties
1.3
The parties are required to help the court to further the overriding objective.

Should they wish to make a fool of themselves then you are going to advise the judge. This should cost them plenty and deservedly so.

M1

[Foxyflugel]

Re: Northampton County Court claim received

Hi everyone

I sent an email to Earlswood yesterday pointing out


1) I knew they had received my letter on 4/12/13.

2)The details of the telephone conversation I had with their receptionist and

3) that they had failed to comply with any part of my CPR request, and stating that I needed to know a date when they would expect to be able to comply and an extended date - not being less than 14 days from that date.

Lets see if they reply!!

I couldn't get to speak to the claims handler again - they point blank refused to put me through.

How long do I give them to reply? as I am conscious it is coming up to xmas!!

[mystery1]

Re: Northampton County Court claim received

11 am tomorrow then one last call then apply. Let them deal with the Jackson reforms adn Mitchell. You've given them plenty notice and it appears they are trying to squeeze the time so they an sneak in a default judgement.

M1

[Amethyst]

Re: Northampton County Court claim received

Slightly off topic but this concerns me

''The amount is approx £8.5k but I am confused slightly - as a solicitor successfully dealt with a credit card matter for me last year and at the time of default it was exactly (to the penny) the amount of this claim!! Just think this is extremely coincidental for it to be the exact amount."

Can you expand on that a little more pls.


It's probably coincidence as this claim relates to a loan, but best to be certain.

[Foxyflugel]

Re: Northampton County Court claim received

Thanks for the replies M1 and Amethyst.

Amethyst - I had a credit card and everything came to a head approx last May (court form etc) so I got a solicitor involved and they dropped their claim as he found lots of flaws in their case etc. At the time of default - the cc amount was EXACTLY to the penny this amount on the court form which states it was for an Egg loan - it may be a coincidence - I really don't know - but I found this very very strange. Also, both on my credit file and on the letters they send me - they (being the current case) say that payments are £69 pm and from my recollection the Egg payments were approx £275 pm.

As you can see I sent a CPR 31.14 request to their solicitors so this could shed more light on matters but they seem to be ignoring me and my deadline is 31/12/13 - so what with xmas and the bank holidays I need to pin them down to an extension at least.

I will give it one last try tomorrow and then follow M1s advice - although I would appreciate more help on that course of action.

Thanks again.

[mystery1]

Re: Northampton County Court claim received

I'll be out for a an hour or so at some point but around most of the day so no problem.

M1

[Amethyst]

Re: Northampton County Court claim received

Ok. It sounds a bit less like a coincidence now.

Was it an Egg credit card ? who was the claimant ? and was it your own solicitor or a specialist cca solicitor/claims company ?(sorry just checking) what were the flaws in the case ?