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Drydensfairfax Letter of Claim

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  • #16
    echat11 Thanks for that.

    i would assume its because i also asked for a copy of the agreement in my CPR letter. I will see if i can find an email address for them over the weekend. Failing that i will send them a letter on monday just to clarify.

    and i am correct in thinking the extension is 28 days from when they send me the documents.

    thanks again

    Comment


    • #17
      Originally posted by Northwales82 View Post
      echat11 Thanks for that.

      i would assume its because i also asked for a copy of the agreement in my CPR letter. I will see if i can find an email address for them over the weekend. Failing that i will send them a letter on monday just to clarify.

      and i am correct in thinking the extension is 28 days from when they send me the documents.

      thanks again
      That's correct.

      Comment


      • #18
        Originally posted by echat11 View Post

        1) You could send them an email asking if they could clarify the following:

        a) Why they have returned the CCA Request and cheque?

        b) What do they mean by 'it's no longer required'?

        2) You don't need to let the Court you have an extension of 28 days because they've sent you a letter saying that.

        Update when you get a response to those questions and the requested documents.
        Correction you do need to inform the Court you have a 28-day Extention.

        Comment


        • #19
          Originally posted by DE DOGS View Post

          Correction you do need to inform the Court you have a 28-day Extention.
          https://www.justice.gov.uk/courts/pr...1y-coronavirus

          You can send them an email, if you feel you want too.

          Comment


          • #20
            Originally posted by echat11 View Post

            https://www.justice.gov.uk/courts/pr...1y-coronavirus

            You can send them an email, if you feel you want too.
            Thanks but no, I have enough problems already.

            Comment


            • #21
              Thank you both for that. I have just sent the below by email to the court. going to look for drydens email now.

              Dear Sir/madam


              Please see attached letter in connection with the above claim number.

              In the letter Drydensfairfax state that under CPR 15.5 they agree to a 28 day extension once the documents I requested under CPR 31.14 are received.

              Upon checking the definition of CPR 15.5 it states

              (1) The defendant and the claimant may agree that the period for filing a defence specified in rule 15.4 shall be extended by up to 28 days.

              (2) Where the defendant and the claimant agree to extend the period for filing a defence, the defendant must notify the court in writing.

              Can you please confirm what the courts position is with regard to the 2 below points

              A) Do I have 28 days to issue a defence once I receive the documents I requested under CPR 31.14 or do I have 28 days from the date I received the letter from Drydensfairfax? Even though the letter from Drydensfairfax is dated the 25/8 I didn’t receive the letter until 2/09, assuming this is due to the postal strikes

              B) under CPR 15.5 it says the defendant (myself) must inform the court of an extension in writing. Is this email satisfactory for this or do I need to follow up with a letter once I have a response regarding point A)

              Many Thanks

              Comment


              • #22
                echat11 i sent the above but have had nothing back. Should i file my defence based on the orginal date?

                Comment


                • #23
                  Originally posted by Northwales82 View Post
                  echat11 i sent the above but have had nothing back. Should i file my defence based on the orginal date?
                  Court clerks won't go into questions about CPR, they aren't required to do so, your email may 'baffle' them. Regardless, it always takes them time to respond, so several weeks.

                  All you need to say to the Court in an email is, 'I've been given an extension of 28 days once the documents are received, so that I can file my defence. Send the Court another email saying that.

                  Wait until you receive the documents from DrydensFairfax.

                  Comment


                  • #24
                    echat11 so i still havent herd anything on this. Can i apply for it to be set aside or anything or do i just wait? Thankyou

                    Comment


                    • #25
                      Originally posted by Northwales82 View Post
                      echat11 so i still havent herd anything on this. Can i apply for it to be set aside or anything or do i just wait? Thankyou
                      Send them a chase email stating that they haven't responded as they said they would in their previous letter.

                      Maybe consider making a complaint, follow their complaints procedure.

                      Comment

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