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Everything posted by sev67

  1. Hmm. Thanks, but I'm not exactly sure what I'm trying to achieve. I suppose I'm just fishing to see if anyone says, you should be doing this..etc. I've learned a lot from CAG website and everyone's help and advise. I suppose as long as they are unable to respond to the Sec78 then it's unlikely to go anywhere, for the moment at least.
  2. A credit card debt was defaulted in 2008 and I received a notice of assignment of it in 2012 to Lowell's. Soon after I received a solicitors letter saying 'we are giving you notice of legal action'. Sent Sec78 to original named lender, and Sec78 to Lowells. Original lender didn't respond, but after chasing Lowell's up they wrote saying "we've concluded debt is not linked to you, as such have removed your personal details from our data base, and you should contact the credit reference bureaus to review your credit file". They also returned the £1 postal order. The credit card debt is still showing on my credit file as in default to Lowell's using the credit card account number shown in the assignment - its nearly 6yrs since the default date listed. Despite supposedly removing me from their database, Lowell's have written to me again this year quoting the same Lowell's reference number, the same debt amount, and almost the same credit card number but they've changed one digit. The letter said one of our debt collection agencies will be in touch as you've failed to pay. Sent Sec78 again to original lender and Sec78 to Lowell's quoting new credit card number given. This time original lender wrote back saying information provided does not correspond to any of our records. But I have heard nothing from Lowell's. q1. Should I chase up Lowell's again about the ignored Sec78 request with the different credit card number? q2. Can I do anything about Lowells giving me a letter saying debt is not linked to you but them still being listed on my credit file with the credit card number and debt amount which they say is not linked to me? q3. Should I do anything Lowell's saying they've removed my personal details, yet two years later they are using the same Lowell reference number and debt amount linked to my name and address, but slightly different credit card number. Thanks for any help. Regrds.
  3. Its been a while - but hello again. Wonder if someone can help conclude this one for me please. The last correspondence on this file was in Jan2011 and was the Order from the judge saying "The Claimant shall within 7 days of service of this order comply with the Defendants part 18 request for further information". They didn't comply have sent absolutely no further correspondence. The claim is still listed in my log in on government gateway. The debt is no longer showing on my credit file as per statutory report from equifax as the default date that had been showing was july2008 so 6yrs past that date now. Is there anything I need to do to conclude this? Can the claimant still pick this up at any point if they decide to? Regrds.
  4. Hi, ok there was confusion in getting correct fee paid for n244 order which seemed to take weeks (court returned form saying I paid wrong fee, sent new fee and then they sent refund of extra fee]. Correct fee was £45 as originally paid. Judge finally issued n244 dated 10th Jan saying; "The claimant shall within 7 days of service of this order comply with the Defendant's part 18 request for further information". And thats it! Any idea where I am now?.....7 days finished on 17th Jan and I've fallen in to the same trap of letting this slip so need a kick. I took andyorchs advice to let the judge determine an "unless order" but clearly decided not to. Do I have to do a new n244 form then now to go for strikeout?..how come the judge left it open ended? any examples I can follow, how much it is (shall I ring court)? (get brain into gear...get brain into gear)... Oh yes, I haven't heard from the claimant at all. Absolutely nothing.
  5. Ok heard nothing back. Sent part18 on 7 nov to claimant by recorded delivery. On 10 nov received letter saying sols had resigned and claimant now acting in house. Called same day to remind them of obligations, and also sent copy of part 18 request again by recorded. So 14 days now up...whats next n244 for strike out?..can you point me in right direction again please.
  6. The part18 request was addressed to the claimant at their r/o address given on the claim form demanding a response within '14days' - I sent it recorded delivery. Everything else has also been sent recorded delivery addressed to the claimant at their r/o address on the claim form, including the cpr31.14, the s78, and the n244. In fact I haven't addressed anything at all to the sols. Is that enough, or do you recommend I re-send copies of everything again in a 'bundle'? Anything missing?
  7. Just received notice that their sols are no longer acting for them so they are now acting for themselves. Is this relevant to anything?
  8. Will wait for 2nd opinion then but not around now till after wkend. thanks.
  9. Ok makes sense. Should I simply ask; 1. Was a default notice issued to the defendant? 2. If so on what date? 3. And by which date was given to the defendant for them to comply with the default notice? Is that enough or should I cover evey question like; 4. What was the name and address on the dn? 5. what was the account number on the dn? 6. the credit limit? 7. the outstanding balance? etc.
  10. Ok DB I've read CPR18 and PD18 and note the following; 1. CPR18 is for clarity on any matter, or to request additional information. Therefore as per pt2537's sticky (CPR part 18 vs CPR 31.14 Confused? well read here) Part 18 is not for documents. 2. PD18 also instructs that requests must not be made by piecemeal. 1. Bearing these points in mind how will this get me a proper copy of the DN. My understanding is I can only ask specific questions such as; was a DN ever sent to the defendant, what date was it sent, what date was given to allow the defendant to comply..etc. 2. Will this prevent me from asking other questions in the future about the agreement or any other matter. Am I allowed to send further letters under cpr18 to request information? ..isn't this construed as piecemeal? Regards.
  11. Ok thanks andy. Damn what an idiot I am. So the lesson is keep asking the question when you are doing an N244 order as there are opportunities for strike out that are easily missed. Here's hoping I can rectify this as they clearly don't have the documents to back up this claim. I will be in touch when the AQ comes through which I guarantee will come. I hope I eat my words but I doubt it. How long do they normally take?
  12. I have not touched the DN at all - that is exactly as it has been sent to me by the sols. The blackouts on the agreement and notice of assignment are done by me.
  13. Here's the order. The j orders that; Unless the claimant do comply with the defendants request under cpr31.14 by 15 10 11 the claim shall stand as struck out without further order. In the event that the above is complied with the Defendant shall file and serve a defence by 29 10 11. Attached is; Application Notice 1 Name BL 2 Solicitor 3 What order are you asking the court to make and why? We BL on behalf of claimant intent to apply for an order that: The order dated 31 08 11 be varied as follows; 1) Unless by 4pm on 15 10 11 the claimant complies with a request made by defendant on 04 06 11 purusant to cpr31.14 by the provision to the defendant of documents mentioned in the Particulars of Claim, namely (1) the agreement, (2) the assignement and (3) the default notice, the claim shall stand struck out without further order of the court. 2) In the event that the claimant shall comply with para1 of this order, the defendant shall file and serve a defence by 4pm on 29 10 11. because 1. The order was made without a hearing and under the courts case management powers contained in the CP rules. The claimant is entitled to apply to the court to vary the order under part 23 rule 10. 2. If the order of DPJ dated 31 08 11 is not varied to allow the claimaint further time to file and serve the documentation pursuant to cpr31.14, the claimant submits that the overriding objective will not have been upheld since the claimant will not have had a chance to prove its claim. Then further explanation is provided at point 10, which is more of a witness statement stating when the claim was, what happended next and repeating point 2 above in conclusion.
  14. May I ask for second opinion as to whether I should argue it should be struck out now then...based on Ford's comments?
  15. To Ford in response to post #40. I have the A4 envelope dated 14 Oct with 55p postage paid so regardless of the weight this is second class. Clearly they had no intention of it arriving with me by Saturday 15 Oct. It arrived on Monday 17. I fear the judge will see that as de minimus and decide not to strike out simply because they used 2nd class 'by accident' as no doubt they will argue. Just another sneaky trick to distract the defendant and eat into their/my time me thinks. To DB. I did call their sols today. I left a message asking three questions about each piece of info supplied (which included asking why the DN was blacked out). I also asked for an extension to 28 days under cpr15.5, but they didn't call me back and by then andyorch response had led me to decide to submit my defence regardless. How do I ask why it is blacked out then, shall I call again on Monday to ask for an answer to the questions left today.
  16. My N244 gave them the first deadline, then they applied for a variation to get more time, and then did the same thing another month later. The clerk told me they requested further time before each deadline. They sent the attachements in second class post dated 14th Oct the day before the last deadline which arrrived with me late on the 17th. (rhetorical question, how come the claimants get to do things late but the minute the defendant does they get wiped out). Point being, DB was saying they haven't fulfilled the draft order and I should have sent anther draft order in time before my defence was due in. As soon as a draft order N244 is issued nothing else can happen until the judge has looked at it, it suspends everything and any deadlines are halted until new orders are given by the judge. So question again - what should I have done please DB as I will use it when I do the AQ return...?
  17. I thought that was what was needed but I couldn't get the support quick enough on the forum, which of course is my own fault for only asking the question last night. Its very hard finding the time to do everything when you have a young demanding family (school hols this week), relentless pressure from creditors and an ocean of threads to read to get an answer to one question. I got a bit rabbit in the headlights and then before I knew it I was out of time. To get to the point, sorry - I thought I was allowed to include another draft 'unless' order when I send back the AQ (after issued). Are there any example threads where someone has issed a draft order stating the claimant has not fulfilled an earlier order. (this is where I also went wrong with another case by not following up properly after the draft order was issued - this appears to be a vitally important step which I feel isn't highlighted strongly enough on the forum plus the obvious permutations such as this one are left unanswered).
  18. What should I have done then DB, useful for all to know. How would I have applied to the court, through another N244? Why couldn't I have done that earlier today?
  19. Thanks Andy. Spoke to court who said I could email it to them, which I have done and retained a delivery receipt for proof. They said there is a 5 day backlog. What next - I don't want to get caught out again?
  20. Hi Andy if you are there, is this ok to use..... I have to submit this by 4pm so any help appreciated please. Do I need to finish it off with anything else? Is it ok? I, xxxx, of address..... make this statement as my defence to the claim brought by xxx.
  21. Can I get them to agree to an extension under cpr15.5 to 28 days if I call them this afternoon. The info they sent me should have been with me by sat 15th Oct, but only received it on monday 17th oct. I'm getting my time cut down at both ends if I have to send it in today by 4pm.
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