Help! Received Court Claim Form**WON**

[MR2Phil]

Just to update...Friday 14th is the end of their 14 day period (12+2) and still received nothing, not even something saying thank you for your request and we're preparing the documents or anything. Last time I took this action against a DCA they disappeared and I never heard from them again...although that time I was unwilling to pay, I could not see how they had calculated their figure. This time I AM willing to pay but want them to allow me to come to an agreement. If they were half way sensible that agreement could have been in place by now.

Still checking the mailbox when I get home from work through closed fingers!

[MR2Phil]

Hey guys,

So their deadline has passed and nothing received. What do I do now? Do I need to inform the court that I've asked for these documents and not received them or do I keep that to myself if and when I need to submit a defence?

Cheers

[pt2537]

Originally Posted by MR2Phil

Hey guys,

So their deadline has passed and nothing received. What do I do now? Do I need to inform the court that I've asked for these documents and not received them or do I keep that to myself if and when I need to submit a defence?

Cheers

Save that for your defence,

when does the defence need to be in phil? it will probably need to be a paper defence as mine are normally too long for Mcol

[MR2Phil]

I don't know, Paul??? The court received and processed my AoS on 7/12/07. How do I know when the defence should be in by? I've heard nothing. Bit nervous now, don't want to go missing dates etc...

[andyorch]

Hi Phil
Should be the 28th Dec but with the xmas hols I would check with the court phone number top right tiny print.

Andy

[MR2Phil]

Thanks Andy, I was just ahead of you! Its the 29th. I had horrible visions of me having meant to have done something other than just submit AoS by now! Not a nice Christmas present from our pals at CL Finance, but oh well...at least I have two weeks off to get things together...one bonus of being a teacher! Speaking of which, I can stand in front of a bunch of unruly kids no problem, yet was shaking like a leaf just phoning the court!! What's that all about!?

[pt2537]

Originally Posted by MR2Phil

Thanks Andy, I was just ahead of you! Its the 29th. I had horrible visions of me having meant to have done something other than just submit AoS by now! Not a nice Christmas present from our pals at CL Finance, but oh well...at least I have two weeks off to get things together...one bonus of being a teacher! Speaking of which, I can stand in front of a bunch of unruly kids no problem, yet was shaking like a leaf just phoning the court!! What's that all about!?

Hi Phil

im not surprised by that, they say public speaking is the hardest thing to do but its nothing when compared to doing anything related to courts when you havent been inside them much.

however, in my case a while ago now, i worried like mad in the run up and afterwards it was like " what was all the fuss about"

dont panic, their failure to supply the requested documents goes in our favor so not to worry

[MR2Phil]

I've just got this feeling of dread in the pit of my stomach that it'll all show up early next week some time...

Public speaking, pah, no problem! Ha ha! Its trying to convince a judge that all I want is time to pay my debt that scares me! Got called in to see my headteacher and been told a job is being created in my department that I should be a shoe in for...could be on an extra £3000 a year by the time we go back in January. That'd be nice!

[pt2537]

Phil contrary to popular belief judges are human beings to

you need to show youve been reasonable and they havent which in this case wont be difficult

the judge will look at everything and im sure he will view your actions as reasonable

dont worry

besides, even if the judge says youve gotta pay from memory you get 30 days to clear the debt before the CCJ is registered so its not all doom and gloom

[andyorch]

phil

It might not even get to court and if it did its not Crown court its a room with a table and chairs and the D/J does not wear a wig you Know so stop worrying.

With regards to the noncomplience you could use the following I have on many occasions an found it effective I know you will declare it in your defence but this brings it to the attention of the Case manager long before the D/J views your Defence and helps highlight their frustrating tactics .Copy to Claiments Sols and it will show you mean buisness.


Wait until the day specified on the letter (12th Dec). Then send this letter to the court and fax it to the soliciters:

For the Attention of the Case Manager

[XXX vs YOU Claim Number
[


]Dear Sir Or madam

RE: FAILURE BY CLAIMANT TO PROVIDE InFormation
]I would like to inform the court of some difficulties that I am experiencing with this claim, which may prevent me filing a fully particularised defence and counter claim to this action, and may consequently frustrate proceedings.
On DATE, I sent the claimant a formal request under the consumer credit agreement, with the £1 statutory fee, for each account. I requested a copy of the credit agreement, a statement of account, and copies of the relevant terms and conditions. I have still not received this information.

On Date, I also sent a request under the Civil Procedure Rules, for the claimant to send me information in respect of each account in the claim, that I consider is vital in order to produce a defence and counter claim. I still have not received any acknowledgement of this letter, or any attempt to provide this information

I enclose a copy of this letter, and ask that the court consider the matter and take any action it deems appropriate.



Yours Sincerely,

(Type, don't sign your name)

ENC – letter requesting disclosure


Edit to suit


Regards
Andy

[pt2537]

andy, you need to sort that letter out mate, it un-readable as it stands, i dont know whats gone wrong

regards
paul

[andyorch]

Fonts went crazy Pt

should be ok now


Andy

[pt2537]

Ah thats much better thanks Andy

[MR2Phil]

I didn't send a pound with my letter???? I just sent it off as advised on page 1 of this thread. Someone please tell me I haven't ballsed it up already!!

[andyorch]

Dont panic Phil
I said edit to suit you where not required as you have requested your information via CPR


Regards
Andy