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Before beginning to claim your bank charges be sure to read the FAQ by clicking the link above. Read it carefully and also read as much of the forum material as you can manage before you start claiming your bank charges refund. You will have to register before you can post or view the materials which may assist you in reclaiming your penalty charges: click the register link above to proceed. To start viewing messages, select the forum that you want to visit from the selection below. Understand what you are doing and you will be able to Reclaim the Right more effectively.

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Old 20th June 2007, 16:41   #1 (permalink)
roamer
Basic Account Customer
Default Advice needed Bryan Carter and court summons

Hi,
This is my first post and I would be really grateful for any advice. I received a summons from Northampton CC, Bryan Carter on behalf of Egg. I actually picked it up from my old address (wasn't keen to give them new address) but it was dated 31 May, adding to that the 5 days added to date of issue then the 5th is deemed date of service, 14 days to respond and I'm one day too late to respond or am I ? I ask only as on the court website it says (I assumed the above would mean a default judgment)
"The court must set aside judgment if you either send back the acknowledgment of service within the time limit OR put in a defence within the time limit."
As the time limit for the former is 14 days and 28 days for the latter I'm confused. So do I now have a judgment against me or not ? Am I still able to defend this claim ? I originally intended to do so by means I have read about here, CCA request etc and would really welcome any advice I can get about what I do now . Thanks.
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Old 21st June 2007, 00:18   #2 (permalink)
renegotiation
Platinum Account Customer
 
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Default Re: Advice needed Bryan Carter and court summons

Phone the court FIRST THING in the morning. Tell them that you are sending them the acknowlegdement of service by special delivery that day and that you only recieved it recently because you were away. After you do that (if the court agrees that you can and I think they will) then you will have time to file your defence. Meanwhile, send a CCA request to Mr. Carter and see what happens. If nothing shows up within 2 days of you having to file a defence then send off your defence form. Post back here tomorrow to confirm that the court have accepted your acknowledgement of service.
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Old 21st June 2007, 17:48   #3 (permalink)
renegotiation
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Default Re: Advice needed Bryan Carter and court summons

Any joy mate?
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Old 22nd June 2007, 15:55   #4 (permalink)
roamer
Basic Account Customer
Default Re: Advice needed Bryan Carter and court summons

Thanks for advice. Sorry delay in replying but I've done a return trip to Aberdeen in the meantime!
Ok phoned the court today Friday. They suggest I just enter a defense online and explain the circumstances that led to the delay. They say that as of this moment there is no judgment but can't guarantee anything. I guess all I can do now is follow that advice and see what happens. Will send off my CCA request in any event.
Thanks for your help.
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