You can act as a Mackenzie friend but your wife would have to attend see here http://www.consumeractiongroup.co.uk/forum/showthread.php?308509-capquest-chasing-old-citi-card-ppi-reclaim-too Page 3 for my link Post 51

Regards Andy

So they dont have a copy but it will take up to 28 days to provide it mmmmmm????? Yes request an extension of a further 28 days but get your skates on and notify court before your defence date. If they still fail to provide the requested documentation after extension consider making an application. Regards Andy

I would take out " If you agree " they have no option. With regards to your second point, thats why they bought it to litigate. Andy

Afternoon Elsa Why not, must be drafted specifically though to request information pertaining to defaults and payments history made. Did Mooshy not request a Sec 78 ? Statement history must be disclosed with this request also. I would imagine that when they receive copy of the application they will drop this like a hot brick anyway.SB is worth further investigation though. Regards Andy

Presuming they respond to any defence, if a defence is submitted. Andy:wink:

Everything in hand now Mooshy? Regards Andy

Quite correct Cat but it depends when the default happens ie post Oct 2008 and even though parts of the amendments are not retrospective all creditors must still comply with the amends irrespective of the date of the agreement. Regards Andy

No template as such just a short note to request extension pursuant to CPR 15 5. There is an example here in Sams thread but request 28 days. http://www.consumeractiongroup.co.uk/forum/showthread.php?307716-Lloyds-TSB-and-SCM-Solicitors-claim-forms-have-come-HELP! Regards Andy

I would a thought its imperative to get the Protected Party issue in place first.The concentrate on what the DJ indicated to you ie no Litigation Capacity. Andy

Need to slow down a bit Ang, just acknowledge the claim for now.I would of thought that you are not in a position to draft any defence as yet as you refer to a DSAR? Once litigation as commenced you request information via the CPR (Civil Procedure Rules) not a DSAR. Regards Andy

Yes send their copy when you are ready

Hi Zoltron As you state quite simple to complete but in the "other" section (G ) you can request any documentation you are missing or require. Andy

Yes you need to register with MCOL and then follow the instructions on the summons re on line .There will be a user name and password. Regards Andy

Sick you prepare a copy for the Claimants Sol (unsigned) and send it to them with a covering note to state by way of this copy you expect them to reciprocate. Andy

Flows a bit better now Sick. Regards Andy

The Civil Procedure Rules (CPR) are the rules of civil procedure used by the Court of Appeal, High Court of Justice, and County Courts in civil cases in England an Wales. They apply to all cases commenced after 26 April 1999, and largely replace the Rules of the Supreme Court and the County Court Rules. The CPR were designed to improve access to justice by making legal proceedings cheaper, quicker, and easier to understand for non-lawyers. Unlike the previous rules of civil procedure, the CPR commence with a statement of their “Overriding Objective”, both to aid in the application of specific provisions and to guide behavior where no specific rule applies.The problem is getting them to adhere to it and using the correct CPR at the correct time. There are other options apart from extensions you can make applications to disclose or strike out but everything varies on every different claim. Andy

He will need to clarify with the court, ask which option, normally forthwith is on the order. Andy

There should be a section to submit your defence after the acknowledgment section. Unless there is a glitch? If you cant enter it ring Northampton first thing Monday and explain the problem as your defence date is a Sunday you should still be ok up to 4.00pm Monday, but get conformation of this.

Ben When you receive a summons the process is log into MCOL (after 5 + 14) and acknowledge and state your plea. If Defending you then have another 14 days so log in again and enter your defence. Ok? Andy

Andy

You are defending the full amount (a part admission will guarantee a CCJ) Andy

Points 1 2 3 are your defence yes do it on line (even if the docs do turn up Monday it will be too late as you have missed the deadline to submit your defence and they get judgment) At the time of submission they have not responded. Andy

Welcome to the world of Litigation Sam (or game ) Regards Andy

The particulars are a joke and a firm of solicitors has no business filing/servingthe same. No account number. Whoever prepared the POC should be ashamed. It is a disgrace!! 1.The particulars of claim discloses no cause of action and are self evidently anabuse of process, in that they fail to deal with the basic rules of pleading in accordance with the CPR 16 (even allowing for the constraints of the bulk issue system). 2.The Claimant has failed to respond to my CPR request for further information. 3. Further to that above the defendant is unable to plead effectively or at all. Copy and paste the above into MCOL today and print your receipt as evidence time stamped and dated. Regards Andy