Help please!

[Amethyst]

Re: Help please!

Hi - just to bring up to date from PM this morning - so you had already had an extension, and you have now filed a N244 unless order on CPR 31.14, AND a defence based on lack of documents ?

[icrina53]

Re: Help please!

Hello,
That's correct . I was under the impression that I have 28 days to fill my defence , from the extension date we agreed but the court informed me that is 28 days from when I have acknowledged the claim, so had about an hour to get all this docs ready and email it to the court.
I hope it was done in time and I made no mistakes.
Will keep you updated !

[Amethyst]

Re: Help please!

It was 33 days from the date of issue of the claim, so presumably about 23rd October - which took you to Tuesday, November 25, 2014, then you had agreed an extension with the claimants hadn;t you, so that would have taken you to Result: Tuesday, December 23, 2014.

I think the Court just confused you and the court staff at northampton are quite crud at giving advice ( they aren't meant to do it at all ) But t'is done now, and not a major issue, so now it is just a case of seeing what comes back - you should hear something around Christmas whether the claimants are proceeding with the claim or not. Otherwise you might hear back quicker on your unless order.

Sorry I probably wasn't very clear earlier on in your thread either.

[icrina53]

Re: Help please!

It was 33 days from the date of issue of the claim, so presumably about 23rd October - which took you to Tuesday, November 25, 2014, then you had agreed an extension with the claimants hadn;t you, so that would have taken you to Result: Tuesday, December 23, 2014.

I think the Court just confused you and the court staff at northampton are quite crud at giving advice ( they aren't meant to do it at all ) But t'is done now, and not a major issue, so now it is just a case of seeing what comes back - you should hear something around Christmas whether the claimants are proceeding with the claim or not. Otherwise you might hear back quicker on your unless order.

Sorry I probably wasn't very clear earlier on in your thread either.

21st Oct Claim Issued
26th Oct I have acknowledged the claim
29th Oct 28 days letter received from claimants solicitors
30th Oct I have informed the court about the extension
24th Nov I phone the court just to make sure I have the dates right for my defense and they said that I have to fill my defense by the end of the day (24th)
24th Nov I emailed my defense, N244, unless order and witness statement and paid the fee for the N244 application over the phone.

Now all I can do is wait I suppose!

[Amethyst]

Re: Help please!

Yep, you're fine, the court just didn't account for you having agreed an extension with the claimants solicitors that's all.

This letter meant that it was an extra 28 days extension added to your date for defence, so that took you to around Dec 21st.

But by the by now, you know for next time, hopefully you'll never need it again though lol.

[icrina53]

Re: Help please!

Its a bit odd really you can get the Halifax in trouble for this and if they didnt agree an overdraft then there should'nt have been one.

Hello,

I have received my DPA request from Halifax.
A load of terminology papers, no terms and conditions of the bank account (with or without signature). They have send the all the statements/transactions from July 2007 until the account was sold in 2011. The strange thing is between January 2008 (balance was +3500 ) to Oct.2008 (balance was -8500) the paperwork is missing, no statements, no transactions between these dates. Is a bit funny they have all the other years transactions but not for these months?
They have sent nothing with my husband signature on , apart from when we opened a standing order for rent. The only phone call they have sent us is when my husband called them to cancel some direct debits.
I strongly believe that this overdraft was miss keyed and that's why they have taken out the transactions between the dates , or sent us any phone calls requesting the overdraft facility.

Any suggestion will be greatly appreciated.

[nemesis45]

Re: Help please!

If you believe that data is missing from the Subject Access request or has been with held make a Formal Complaint to the Data Controller of HBOS state clearly the documentation required and allow 14 days for compliance or a complaint will be made to the ICO.

[icrina53]

Re: Help please!

Yep, you're fine, the court just didn't account for you having agreed an extension with the claimants solicitors that's all.

This letter meant that it was an extra 28 days extension added to your date for defence, so that took you to around Dec 21st.

But by the by now, you know for next time, hopefully you'll never need it again though lol.

Since the court didn't account my extension, as you know I have submitted my "unless" order on the 24th Nov, giving the solicitors 7 days to provide me with the info. Those 7 days are now gone and I didn't received anything from them or the court.
What am I doing now? I have tried several times to phone the court , but no joy at all.
Thank you!

[icrina53]

Re: Help please!

Since the court didn't account my extension, as you know I have submitted my "unless" order on the 24th Nov, giving the solicitors 7 days to provide me with the info. Those 7 days are now gone and I didn't received anything from them or the court.
What am I doing now? I have tried several times to phone the court , but no joy at all.
Thank you!

Just a quick update !
I have received a copy of the order that was sent from the court to Marlin. They have until 5th of January to provide us with copies of the agreement , etc.
What do I do if I do receive all this from Marlin by this date? do I prepare my defense?
What do I do if I don't receive what was ordered by the court?

Thank you,

[sloane82]

Re: Help please!

Get all the information that you need have a look through it what was the agreement for?. Was it a credit Card loan or purchase?. And build up a case if it was for a loan then get your PPI back check all the agreements get an SAR Credit Cards get your PPI back if you had any also any late payments etc also for the purchase did you feel that you was mis-sold the agreement if so mention this how much do you owe?.

[icrina53]

Re: Help please!

Get all the information that you need have a look through it what was the agreement for?. Was it a credit Card loan or purchase?. And build up a case if it was for a loan then get your PPI back check all the agreements get an SAR Credit Cards get your PPI back if you had any also any late payments etc also for the purchase did you feel that you was mis-sold the agreement if so mention this how much do you owe?.

After the unless order from the court , today by 4 pm I have still not received any papers from the claimant. I have emailed the court saying that the claimant defaulted on the order and now I am just waiting for the result.
I should let oyu know what is the outcome!

[icrina53]

Re: Help please!

Yep, you're fine, the court just didn't account for you having agreed an extension with the claimants solicitors that's all.

This letter meant that it was an extra 28 days extension added to your date for defence, so that took you to around Dec 21st.

But by the by now, you know for next time, hopefully you'll never need it again though lol.

Hello,

Just to let you know that I have received an email today from Northampton court.
CASE STRUCK OUT !
It looks like I've won !!!
Thank you so much for all your guidance !!!

[sloane82]

Re: Help please!

Good to hear that. What you could do is get an SAR also have a look at the charges on this overdraft and claim them back phone up the bank and write to them and see if they will refund you any money for the pain and anguish that you have been through and as a goodwill gesture which Bank was it with?.

[icrina53]

Re: Help please!

Good to hear that. What you could do is get an SAR also have a look at the charges on this overdraft and claim them back phone up the bank and write to them and see if they will refund you any money for the pain and anguish that you have been through and as a goodwill gesture which Bank was it with?.

They have responded to my SAR request. The problem is that they sent no info with regards to this overdraft at all, it just suddenly appeared on our account. There's no phone conversations for overdraft request, no terms not even a letter that was sent to us to let us know that we have an overdraft .
The problem is a bit more complicated as I believe that it was miskeyed into our account without our consent or request. I would love to be able to take this further but in the same time I do not want to stir things up again.
I will have a proper look in the paperwork they sent me and see what can be done.
But now I think I will have a glass of wine :tinysmile_grin_t:

[Amethyst]

Re: Help please!

Congratulations -> http://www.legalbeagles.info/forums/...aim-struck-out!