Hi, Going to start my own thread in the morning, but I assume that AK submitted a load of claims at the same time.

I've acknowledged to the court, stated going to fully defend. Submitted CPR 31.14 request and Cpr 18 request as this account was subject to an ongoing dispute with the OC regarding a few issues, I recieved a holding letter from egg in august 2009, they sold to AK last year without issuing any response let alone a final response. So I asked AK to provide details of the final response. Along with all the normal CPR items.

Now i've recieved a letter saying that the PARTNER dealing with this case is away until 21st of June and he will respond then. The thing is the defence needs to be submitted by the 20th of June. So is this a trick by AK Solicitors hoping I don't defend?

So what do I do submit a defence based on the original dispute and saying unable to see agreement, default notice etc. Could I go for a strike out as the account was in dispute with the OC at time of sale and still is? The OC have even admitted this in writing, although in a roundabout way!

Or go for an order requesting disclosure or strike out within 14 days? Or what.

I need to submit something to the court.?

Help please.

Hi, Going to start my own thread in the morning, but I assume that AK submitted a load of claims at the same time.

I've acknowledged to the court, stated going to fully defend. Submitted CPR 31.14 request and Cpr 18 request as this account was subject to an ongoing dispute with the OC regarding a few issues, I recieved a holding letter from egg in august 2009, they sold to AK last year without issuing any response let alone a final response. So I asked AK to provide details of the final response. Along with all the normal CPR items.

Now i've recieved a letter saying that the PARTNER dealing with this case is away until 21st of June and he will respond then. The thing is the defence needs to be submitted by the 20th of June. So is this a trick by AK Solicitors hoping I don't defend?

So what do I do submit a defence based on the original dispute and saying unable to see agreement, default notice etc. Could I go for a strike out as the account was in dispute with the OC at time of sale and still is? The OC have even admitted this in writing, although in a roundabout way!

Or go for an order requesting disclosure or strike out within 14 days? Or what.

I need to submit something to the court.?

Help please.

bump

Jon, I've created your own thread for you to receive comments on and bump.

S.

Jon, I've created your own thread for you to receive comments on and bump.

 

S.

Thanks I was going to do that tonight. I'll put some more details on later.

Jon

Hi, Can anybody advise me what way to go with this Aktiv Kapitals Solicitors have only responded saying partner is away, and can't respond until the day sfter the defence is due in.

No mention of an extension of time to submit defence.

I think they are hoping that I don't submit defence?

So I either need to submit a defence, which would be an embarrassed defence, Apply for a strike out, apply for disclosure order the strike out. or apply for an extension of time. So far they've suppled absolutely nothing to show that they have any right to collect this debt.

No noa, no lba haven't even asked me to pay anything just went straight to court after many months of telling them why the account is in dispute. Surely this in its self is an abuse of process>?

I think you need to be a bit more forceful with them... advise them you require an extension to filing a defence and require it in writing so you can advise the court, if you dont get it tell them you will either let the court know of their conduct further down the line when the issues of costs are decided or you will seek an application for an extension and will seek to recover the costs of that application from them.

What information are you waiting from them, was it in the correct method of requesting the information (Under CPR 31.14 or CPR18)?

S.

Thanks,

I submitted CPR 31.14 for the items mentioned on the claim which was the agreement and the NOA. Everything thing else I submitted a CPR 18 request. However prior to this I've asked them to prove that 1) They are entitled to collect this debt 2) That I am genuinely liable for this debt.

So far they've provided nothing.

Prior to the claim being issued I complained to Egg as they had sold a disputed account, without issuing a final response or anything other then a holding letter.

Before the claim was issued I also submitted a SARS request to Egg as I wanted to see what changes had happened since my last request to them in 2009 which resulted in my original compalint.

The CCA request to egg(Actually to ARC originally) was replied to with a printout without my signature on. This account is from 2005. It'sd got charges on it and possibly PPI.

I definitely didn't get a NOA, OR LBA, i'm fairly certain that I didn't receive a default or termination notice, before egg passed it to ARC and Trevor Munn who demanded full payment. They gave up sent it back to EGG and eventually they sold it to AK.

So my plan now is to write to the solictors reminding them of there obligations under the CPR's and advising them that I require an extension of time to file my defence.Do I copy this to the court? Last time when I kicked Marlins arse I copied everything to the court! Anybody got the basis of a letter that I could send them. Going to include something about a business not grinding to a halt beacause a member of staff is away! At the end of the day anybody can use a photocopier, so most likely they don't have anything!

Draft Letter?? Any thoughts?

Dear Sir,

CPR 18 & CPR31.14 requests.

I refer to your letter dated @@h June 2011.

On the = of June I submitted to your company a CPR 18 & CPR31.14 request to your company, requesting that you disclose information and documents relating to the above unlawful and vexatious claim. The majority of these documents should have been in your possession before you submitted the claim. I can only assume that they were not.

I don't consider Solicitors being on annual leave as an acceptable reason for not complying with my request. Surely you have another member of staff who can use a Photocopier? It could be considered that this is an attempt to obtain judgement by default. Clear what ever the reason it is frustrating proceedings

Without these documents I am unable to submit a defence and therefore require that you agree to an extension of time of at least 28 days after you produce the required documents. I trust that this is acceptable, please confirm by return. If we cannot agree an extension then I will have no option but to apply to the court for an order allowing me the additional time and wasted costs as a result. You will be aware that the Court is likely to grant me the extension as a refusal to do so would prejudice me unfairly as I am a litigant in person

Alternatively please confirm that you have discontinued this claim by return

In the best interests of your client, I would suggest that you advise your client to discontinue this claim as Egg have admitted in writing that this account was in dispute in 2009 and have failed to provide any documentary evidence that this dispute has been resolved to date. Your client should pursue Egg for any losses incurred.

Yours Faithfully

Jon888999

Hi I've alraedy posted in the legal forum, but thought it might be worth posting here too. Not many replies in Legal.

So Copied over to here:

Hope it makes sense!

http://www.consumeractiongroup.co.uk/forum/showthread.php?308720-jon888999-vs-AK

jon888999 vs AK

Hi, Going to start my own thread in the morning, but I assume that AK submitted a load of claims at the same time.

I've acknowledged to the court, stated going to fully defend. Submitted CPR 31.14 request and Cpr 18 request as this account was subject to an ongoing dispute with the OC regarding a few issues, I recieved a holding letter from Egg in august 2009, they sold to AK last year without issuing any response let alone a final response. So I asked AK to provide details of the final response. Along with all the normal CPR items.

Now i've recieved a letter saying that the PARTNER dealing with this case is away until 21st of June and he will respond then. The thing is the defence needs to be submitted by the 20th of June. So is this a trick by AK Solicitors hoping I don't defend?

So what do I do submit a defence based on the original dispute and saying unable to see agreement, default notice etc. Could I go for a strike out as the account was in dispute with the OC at time of sale and still is? The OC have even admitted this in writing, although in a roundabout way!

Or go for an order requesting disclosure or strike out within 14 days? Or what.

I need to submit something to the court.?

Help please.

R

Jun 2008

Posts

446

Re: Northampton Court claim defence needs to be submitted

Originally Posted by jon888999

Hi, Going to start my own thread in the morning, but I assume that AK submitted a load of claims at the same time.

I've acknowledged to the court, stated going to fully defend. Submitted CPR 31.14 request and Cpr 18 request as this account was subject to an ongoing dispute with the OC regarding a few issues, I recieved a holding letter from Egg in august 2009, they sold to AK last year without issuing any response let alone a final response. So I asked AK to provide details of the final response. Along with all the normal CPR items.

Now i've recieved a letter saying that the PARTNER dealing with this case is away until 21st of June and he will respond then. The thing is the defence needs to be submitted by the 20th of June. So is this a trick by AK Solicitors hoping I don't defend?

So what do I do submit a defence based on the original dispute and saying unable to see agreement, default notice etc. Could I go for a strike out as the account was in dispute with the OC at time of sale and still is? The OC have even admitted this in writing, although in a roundabout way!

Or go for an order requesting disclosure or strike out within 14 days? Or what.

I need to submit something to the court.?

Help please.

bump

446

Re: jon888999 vs AK

Hi, Can anybody advise me what way to go with this Aktiv Kapitals Solicitors have only responded saying partner is away, and can't respond until the day sfter the defence is due in.

No mention of an extension of time to submit defence.

I think they are hoping that I don't submit defence?

So I either need to submit a defence, which would be an embarrassed defence, Apply for a strike out, apply for disclosure order the strike out. or apply for an extension of time. So far they've suppled absolutely nothing to show that they have any right to collect this debt.

No noa, no lba haven't even asked me to pay anything just went straight to court after many months of telling them why the account is in dispute. Surely this in its self is an abuse of process>?

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Re: jon888999 vs AK

I think you need to be a bit more forceful with them... advise them you require an extension to filing a defence and require it in writing so you can advise the court, if you dont get it tell them you will either let the court know of their conduct further down the line when the issues of costs are decided or you will seek an application for an extension and will seek to recover the costs of that application from them.

What information are you waiting from them, was it in the correct method of requesting the information (Under CPR 31.14 or CPR18)?

S.

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Re: jon888999 vs AK

Thanks,

I submitted CPR 31.14 for the items mentioned on the claim which was the agreement and the NOA. Everything thing else I submitted a CPR 18 request. However prior to this I've asked them to prove that 1) They are entitled to collect this debt 2) That I am genuinely liable for this debt.

So far they've provided nothing.

Prior to the claim being issued I complained to Egg as they had sold a disputed account, without issuing a final response or anything other then a holding letter.

Before the claim was issued I also submitted a SARS request to Egg as I wanted to see what changes had happened since my last request to them in 2009 which resulted in my original compalint.

The CCA request to egg(Actually to ARC originally) was replied to with a printout without my signature on. This account is from 2005. It'sd got charges on it and possibly PPI.

I definitely didn't get a NOA, OR lba, i'm fairly certain that I didn't receive a default or termination notice, before egg passed it to ARC and Trevor Munn who demanded full payment. They gave up sent it back to EGG and eventually they sold it to AK.

So my plan now is to write to the solictors reminding them of there obligations under the CPR's and advising them that I require an extension of time to file my defence.Do I copy this to the court? Last time when I kicked Marlins arse I copied everything to the court! Anybody got the basis of a letter that I could send them. Going to include something about a business not grinding to a halt beacause a member of staff is away! At the end of the day anybody can use a photocopier, so most likely they don't have anything!

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Yesterday 16:06 #8

jon888999

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Re: jon888999 vs AK

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Draft Letter?? Any thoughts?

Dear Sir,

CPR 18 & CPR31.14 requests.

I refer to your letter dated @@h June 2011.

On the = of June I submitted to your company a CPR 18 & CPR31.14 request to your company, requesting that you disclose information and documents relating to the above unlawful and vexatious claim. The majority of these documents should have been in your possession before you submitted the claim. I can only assume that they were not.

I don't consider Solicitors being on annual leave as an acceptable reason for not complying with my request. Surely you have another member of staff who can use a Photocopier? It could be considered that this is an attempt to obtain judgement by default. Clear what ever the reason it is frustrating proceedings

Without these documents I am unable to submit a defence and therefore require that you agree to an extension of time of at least 28 days after you produce the required documents. I trust that this is acceptable, please confirm by return. If we cannot agree an extension then I will have no option but to apply to the court for an order allowing me the additional time and wasted costs as a result. You will be aware that the Court is likely to grant me the extension as a refusal to do so would prejudice me unfairly as I am a litigant in person

Alternatively please confirm that you have discontinued this claim by return

In the best interests of your client, I would suggest that you advise your client to discontinue this claim as Egg have admitted in writing that this account was in dispute in 2009 and have failed to provide any documentary evidence that this dispute has been resolved to date. Your client should pursue Egg for any losses incurred.

Yours Faithfully

Jon888999

your best bet would be to submit an 'embarrassed defence' there a few of them knocking around on forum..basically they say you are unable to enter a defence as they will not supply you with any paperwork

Have a read of the post on The Consumer Protection From Unfair Trading Regs often now better than

a embaressed defence

Don't submit an embarrassed defence it might come back to bite you on costs.

you have filed a CPR with the claimant who have responded that they cannot comply in time.

You simply need to get back on to the claimant and state that since the partner is absent until the day after your defence is due and you need the info in the CPR request in order to compile your defence it might be best if both parties can agree to an extension of 28 days and ask them to confirm in writing if they are agreeable.

If they are then you get the extra 28 days BUT YOU MUST INFORM THE COURT OF THE AGREED EXTENSION.

If they refuse for whatever reason then and only then should you file an embarrassed defence citing their deficiencies and failure to comply with CPR. In these circumstances the chance of any adverse costs award is minimal nay negligble imo.

You must be aware that if you file an ED then seek to change it later it would be normal practice for the Court to award the claimant the costs incurred with dealing with any changes to statement of case etc. arising from the amended defence and this could get very expensive.

Whats happening here then?

Whats happening here then?

Hi, I've sent them a letter monday and then again Thursday, both demanding that that they comply with my CPR requests and/or agree to an extension. No reply has been received yet to either.

So as per http://www.consumeractiongroup.co.uk/forum/showthread.php?283443-Embarrassed-Defences-and-the-problems-with-them./page2

I would like to apply on an N244 for an extension, so has anybody got a draft order etc. Also can I apply for an order for disclosure on the same N244?I assume this will cost £75.00?

Thanks

Jon

Hi, I've sent them a letter monday and then again Thursday, both demanding that that they comply with my CPR requests and/or agree to an extension. No reply has been received yet to either.

So as per http://www.consumeractiongroup.co.uk/forum/showthread.php?283443-Embarrassed-Defences-and-the-problems-with-them./page2

I would like to apply on an N244 for an extension, so has anybody got a draft order etc. Also can I apply for an order for disclosure on the same N244?I assume this will cost £75.00?

Thanks

Jon

Also posted in legal forum.

Nothing in the post today either!

Nothing in the post today either!

Nothing in the post today either!

I sent them a request on weds. I missed a recorded letter today - I will have to collect it on Monday.

Hi, I've sent them a letter monday and then again Thursday, both demanding that that they comply with my CPR requests and/or agree to an extension. No reply has been received yet to either.

So as per http://www.consumeractiongroup.co.uk/forum/showthread.php?283443-Embarrassed-Defences-and-the-problems-with-them./page2

I would like to apply on an N244 for an extension, so has anybody got a draft order etc. Also can I apply for an order for disclosure on the same N244?I assume this will cost £75.00?

Thanks

Jon

Advice needed on court summons Page 2

Regards

Andy

Another option for me would be to submit a defence based on no NOA, no LBA.

Account in dispute with ARC, Trevor Munn and Egg prior to sale to AK. Egg have even admitted this in writing and tried to blame administration errors for not issuing a final response. Even now after complaining to them regarding the alleged assignment to AK they still haven't issued a final response. No default notice issued by egg before demaNding full payment. AK are saying that the agreement has time expired so default notice not required now, however as Egg/ARC/Trevor Munn all demanded payment in full the it is clear that the alleged agreement was terminated before the expiry of the term and the assignment to AK..

Sar'd egg about 2 years ago and again about 35 days ago, before claim was issued.

Hope this make sense.

Which way to turn, I need to submit something early in the week.

I'd like to go for the extension and disclosure as I don't want to submit a defence then have AK produce docs.

Especially as alleged balance is just over 10k

I think they know I will be a pain i've been arguing with AK for the last 14 months telling to prove it or get lost. All I got from them is EGG aren't aware of any dispute so I sent them evidence proving EGG were but they chose to ignore it.

Same as my run in with Mortimer Clarke I knew I was right, but they hoped they could convince me that the sky is green!

I see you've had more advice on your other thread.

Hi, On sunday I prepared an N244 to apply for an order for disclosure and extension. Included strike out if they don't disclose within 1 days.

Waited for the post yesterday still no info, so posted to courts yesterday.

I assume that the case will now be transfered to my local court?

Also added on the line about costs and damages at the discretion of the court.

So now it's a waiting game to see what happens now.

Take Care

Jon

Hi, Nothing from solicitors regarding cpr disclosure.

But i've received a sars response from egg.

This includes various internal emails admitting that they've messed up but should still still carry on stating that they have issued a final response even though they haven't. The reason stated is that theres a no buy back clause with AK.

My arguement with AK has always been that as this account was in dispute at the time of sale then they can't benefit from it. In turn they are not party to this dispute so they can't resolve it. In the notes even eggs staff have asked why was it sold whilst it was in dispute! The response is the Mcguffick means they can,

No disclosure of an NOA or even stating they've issued one.

The loan still looks active on eggs system so how can ak have any interest in it?

Any help appreciated.

Whilst its true I believe that they can sell an account in dispute and go legal according to some of the test cases, mcguffick & carey, its not good business practice and following the OFT guidelines... If Egg had defaulted you then as far as I'm aware the debt collection guidelines kick in then, under the guidelines not investigating thoroughly a disputed account or complaint is likely to lead to an unfair practice according to the OFT.

S.