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eggy12

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Everything posted by eggy12

  1. yes agreed to extension till date asked for but there last line as mentioned above does not add up in my head.. We will also be prepared to agree a general extension until 14 days after we have reverted to you with reasonable disclosure" !! What they trying to say.. That the cpr rules give them 14 days AFTER they get said documents... ?
  2. well they did send the letter agreeing to an extension of defence that was delivered to me today and also added " We will also be prepared to agree a general extension until 14 days after we have reverted to you with reasonable disclosure" !!!! That sounds a bit odd Eggy
  3. right im off to bed Ford, thanks for your support on this so far you have been most excellent. Eggy12
  4. The Defendant is unable to plead due to the Claimants failure to* comply with its CPR 31.14 duties in disclosing requested documents The Claimant has failed to agree to an extension of time given by* the Defendant to file a defence due to the claimants non* compliance to CPR 31.14 duties The Defendant reserves the right to amend this defence Claim Status A claim was issued against you on 27/04/2011 Your acknowledgment of service was submitted on 11/05/2011 at 20:18:22 Your acknowledgment of service was received on 12/05/2011 Your defence was submitted on 26/05/2011 at 22:18:07
  5. Ok I have30 minutes left then i have to hit the pillow... As things stand i accept the best way forward is ; The Defendant is unable to plead due to the Claimants failure to comply with its CPR 31.14 duties in disclosing requested documents The Claimant has failed to agree to an extension of time given by the Defendant to file a defence due to non compliance to CPR 31.14 duties (they should have given written date and time re cpr31.14 requesting them to ask more time if needed) Land the ball in the right part of the claimants court then let the judge decide..
  6. Holding defence The Defendant is unable to plead due to the Claimants failure to comply with its CPR 31.14 duties in disclosing requested documents The Claimant has failed to agree to an extension of time given by the Defendant to file a defence due to non compliance to CPR 31.14 duties The Defendant reserves the right to amend this defence and intends to make an application to the court for an order compelling disclosure. I can do this but regard to non extra costs im a bit miffed, again i take this as a next step to worry about if need be Thanks Ford Eggy12 The Defendant reserves the right to amend this defence and intends to make an application to the court for an order compelling disclosure. can i add "unless the court order discloser through non compliance of CPR 31.14" ?
  7. Particulars of claim The claimants claim is for the balance due under an agreement which is now all due and payable. The defendant agreed to pay monthly instalments under account number ******* but has failed to do so. And the claimant claims the sum of 5***.** The claimant also claims interest thereon pursuant to S.69 county court act 1984 limited to one year to the date hereof at the rate of 8% per annum amounting to ***.** Total amount 6***.**
  8. Hi Ford.. Yes back ground thread found here http://www.consumeractiongroup.co.uk/forum/showthread.php?139362-Arrow-cbs-CCA-recieved&highlight= Moved around from DCA to DCA then lands in the lap of Carter here are the facts as of this claim from Carter Letters and phone calls received, ignored all. Claim against me issued on 27th April along with Carter letter saying they have done so. Claim Status A claim was issued against you on 27/04/2011 Your acknowledgment of service was submitted on 11/05/2011 at 20:18:22 Your acknowledgment of service was received on 12/05/2011 CPR 31.14 sent on 16th May. Received by next day at Carters 17th May checked online. Carters then sent letter dated 19th May asking for a further 28 days in order to get said documents, I took this as an agreement ,I expected them wanting to extend the defence time limit so took this along with previous post letter to court where im told that this is not an agreement to a time and date extension so I send them your and i adapted letter stating URGENT response needed. Sent on 24th May and received by them on25th May.. Nothing received back as yet I expected to put, either an extension request or defence in by the 30th May but as the 30th May is a bank holiday that means i have only till tomorrow by 4pm to make up my mind ! Thats what im thinking to do.. But have to do it tonight or early morning tommorrow Holding defence The Defendant is unable to plead due to the Claimants failure to comply with its CPR 31.14 duties in disclosing requested documents The Claimant has failed to agree to an extension of time given by the Defendant to file a defence due to non compliance to CPR 31.14 duties Eggy12 re reading yes Ford they have NOT replied as yet BUT NOT denied my request for extra time.. I would have put in a N244 request for discloser but given my time frame now and lack of funds i have no option but put in a holding defence... I do not expect them agreeing time extension by tomorrows post tomorrow, but in case they do i suppose thats to be dealt with if it happens
  9. Ok I need to put in a defence tomorrow as Carter has not agreed to letter i sent asking for time extension agreement, it "may" arrive tomorrow but no good for me as i will be at work and defence needs to be in tomorrow by 4pm as its a bank holiday on Monday when the time is up.. I dont have the money for an order of discloser type letter giving them 14 days so will have to defend and see what happens.. Any ideas on what i can put in defence ? Eggy12+
  10. I take it that i have to do it on Friday instead by 4pm ? Ive only just realised Monday is a Bank holiday Eggy12
  11. A claimant who discontinues a claim needs the permission of the court to make another claim against the same defendant if – (a) he discontinued the claim after the defendant filed a defence; and (b) the other claim arises out of facts which are the same or substantially the same as those relating to the discontinued claim. OK I understand that.. But if the defendant did NOT file a defence and then they discontinued does this leave it open to them making another claim ? Eggy 12
  12. Did the judge order you pay what you said you could only afford ?
  13. Do you know Ford.. I pretty much like that... Editing to suit URGENT Thank you for your letter dated ** May 2011 requesting more time to comply with my request under CPR 31.14 as per my letter dated ** May 2011 It was requested in my letter that if you require more time, you would then agree in writing to an extension of the time for me to file a defence. You have not done this. You stated in your letter dated 19th May 2011 that you require 28 days to comply with my request . However, it is noted that under CPR 15.5 the period for filing a defence can be extended by up to 28 days. Therefore, given your resources, it is not unreasonable to request that you comply with my request under CPR 31.14 within the next 14 dayss(I so want to put 7 ) , and that in the circumstances you agree in writing to an extension for me to file a defence by 4pm **th June 2011. I would hope for yourselves to give this matter the utmost importance. I look forward to your immediate written reply agreeing to the extension and time dead line as mentioned above. Yours faithfully eggy12
  14. Interesting topic.. Carter acted for Egg against myself and cag. I went through the usuals and after we both did not turn up at court twice Carter then pulled out and withdrew all. It was strange as they had what looked like a rock solid claim. Upon my latest Carter saga the second court threatening letter stated "we have the permission from the owner of the debt this time" ! Typical DCA tactics gone wrong on them i believe. So yes if this then gets sold on can i be taken back to court by someone else ? I myself did NOT file a defense ! vjohn82 in post 10 has hopefully answered this.
  15. /05/2011 Your Ref. Claim No. Arrow Global v Eggy12 Thank you for your letter dated ** May 2011 regarding your request for a further 28 day extension to obtain the requested documents you refer to in your claim against myself. I agree to a 28 day extension so I can therefore prepare an adequate defence after you have, by return post, agreed to a final date for extension no longer than 28 days from the ** May 2011, the dead line being 4pm on that day for me to file a defence upon receiving all documentation regarding your suggested agreement and account information you refer to on the claim form in adequate time. I would hope for yourselves to give this matter the upmost importance. I look forward to your swift reply in agreeing to the extension and time dead line as mentioned above. Yours faithfully Eggy12
  16. yes indeed Ford.. My fault for jumping the gun a bit.. ! Good job i have till the 30th to get the written agreement and then pop back to the court to file it... Will post back in a few minutes with letter to BC and if your still around would like your opinion on it. Just a few more sentences to write then will post Egg12
  17. oh well that did not go as planned.. Took it in but they say i need a date from BC and agreement on extra time, all the letter says is that they will need 28 days NOT they agree to 28 days extra ! As soon as she said that i remembered PT's post and thought bugger ! on the up side i have till 30th of this month not tomorrow so drafting a letter to BC asking for agreement on extension and what date and by 4pm on that date Eggy12
  18. ok thanks Ford.. Finishing work early tomorrow and dropping it Northampton court by hand... Dont want to risk Mr postman "losing" it and i suppose i can get a receipt also Will repost as and when i get required documents, again thanks for your time Ford Eggy12
  19. Ok thanks Ford will do it and drop it in Northants Court on Monday Is there some kind of letter template for telling the court an extension has been agreed and want to apply for extra 28 days.. Im a bit confused as to what to write ? Eggy12 Will this be adequate ? Claim No. ******* Arrow Global v eggy12 To the Court Manager It has been agreed by the Claimant and Defendant that a 28 day extension of time(CPR15.5)is needed to file a Defence. A copy of the letter from the Claimant is attached confirming this. Yours faithfully eggy12
  20. ok thanks for that i got it.. Deadline is Tuesday so i have to get to Northampton court (Im in the area so no problem) with letter stating "They" want an extension so i can file my defence or the likes.. Could i just pop in the court and show them the letter from Carters asking for it and agree or do i need to specify on paper ? Suppose in writing is best i guess ?
  21. Do i need to ? There letter says "Thanks for you letter the content noted. We confirm we have requested docs from clients and hope to revert to you shortly. We do require a further 28 day extention in order to obtain and file these documents. We look forward to hearing from you in due course." I thought that as they brought the case to me then its up to them to get the extension ? I was just going to wait for the final day i have to click defend on mcol then ring northampton up and see if they had applied, if not then hit the defend button ! I sent a standard cpr 31.14 and did not ask them for extra time.. They need the extra time to get proof ! eggy12
  22. Letter has arrived stating they will require 28 days extension to get the documents.. will keep a close eye on them as dont want judgement by default !!
  23. Hi all I hope you can help. Court papers dated 27 April, I acknowledged service 11th May (I was working away) Im about to send them CPR 31.14 in the morning special next day, that would then give them 7 days to send me docs but will fall on the date for defence.. How do i ask for more time to prepare defence ? Particulars of claim The claimants claim is for the balance due under an agreement which is now all due and payable. The defendant agreed to pay monthly instalments under account number ******* but has failed to do so. And the claimant claims the sum of 5***.** The claimant also claims interest thereon pursuant to S.69 county court act 1984 limited to one year to the date hereof at the rate of 8% per annum amounting to ***.** Total amount 6***.** This is for an old mbna C/card sold to arrow global about 3/4 years ago, ive made some token payments but nothing in last year at least. Eggy12
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