Hi everyone. . .update. letter arrived this morning Fromm Northampton CCBC as follows : Before DJ xx sitting at Northampton CCBC County Court On 12/10/11 the judge orders that :- The claimant do comply, within 7 days of service of this order, with a request made by the Defendant on 7th July 2011 pursuing CPR 31.14' by providing to the defendant the documents mentioned in the particulars of claim1. The Agreement2 The default notice and 3. The Assignment This order has been made without a hearing under the courts case management powers contained in the civil procedure rules part 3 You may within 7 days of the service of this order, apply to set aside or vary the order under part 23 rule 10 you must file with the court and serve on the parties an application that sets out your reasons for the objection. A fee is payable upon the filing of the application. So. . . , does this mean I have to pay ANOTHER 45.00 and do another n244 to now have it set aside ? letter only arrived this morning and 7 days from date of service is up ?? is this good ? Does this mean I have mission almost accomplished ? I just want to avoid a CCj registered and agree then to payment ? thanks everyone x x x

bump x

So what do i actually do. I have the completed and returned n244 in front of me. They are telling me to write something in box 3. In box 3 because i couldnt fit it all in it clearly says - see attached marked " A ". Attached form "A" clearly atates what i am asking them for. They say reurned the original form stamped that i have paid which means i have to return this form- so do i hand write a few words just saying something like --- an order to compky with my original CPR request, the original agreement , strike out and attach form " A" again anyway ?

Grrr- update-got random letter from claimants granting me another 28 day extension ! Court have sent back my n244 (taken my money ) saying-----we are returning your n244 application to you as you need to state in section 3 on your form the order that you are applying for, ie, to strike the claimout. Please ammend and return this to us. In box 3 i put ..... Please see attached marked " A " Attached form A clearly states An order that ..... bla bla (not literally ) ...1) the agreement 2) the default noticeand £ ) the assignment the claim shall stand struck out ect ect.. I had to put it on an attached form A because it would not fit into the box !!! I rang the court and the lady was adamant i needed to state what order i wanted in the box. Should i just condense it even more -a child could interpret my n244 i thought these folk at the court were able to read??????

All done ! Faxe paid AND hard copies sent. Phew Thanks folk for support.

Thanks Andy. Court have taken my 45 over phone and given me a fax to fax through and will also send Pls can you confirm or otherwise.. 1 original n244 plus all supporting documents plus 3 copies of everything incl application so 4 altogether ?

Hi Ive pm you

Right Oh Andy i`ve made some changes.There extension is up end of working today-should i fax a copy of n244 to Northampton ccbc and if so i cant find a fax no. anywhere does anyone have the best one available ? Otherwise i`ll send 1st class guaranteed signed for ect and i take it i just buy a postal order and enclose it with the documents-do you have to make a PO out like a cheque

thanks Andy. should I really make it a lot more brief. I,m sending it today .

Thanks citizen b. Do you happen to know how much I need to send with it all as heard 45 someone else paid 60 and another 75 x

Sorry this is better-makes sense now i hope x Hows this so far in box 10........... On 6th July, following service of the Claim Form in this case, I wrote to the Claimant's Solicitors requesting inspection of documents mentioned in the Particulars of Claim pursuant to CPR 31.14. I also wrote to the originators (Halifax) enclosing a Subject access request and included the ten pounds required fee. An extension to 20th July for filing my defence was agreed and confirmed in writing. A copy of this confirmation, marked "B" is attached. On 14th July i contacted the claimants solicitors for verbal confirmation that the requested documents were going to be made available to me within the requested timescale . The solicitor informed me that he was sorry but they still had not received the requested documents from the originators and would be passing the case back to the originators.I asked for this in writing and received another letter which i have attached marked " C ", stating the required information had been requested from their client again and would be provided to myself uopn receipt by themselves. They also asked me for more time to do this and put the file on hold until 12th September (8 weeks ). On September 7th i contacted the solicitors again not having received the documentation. I was told that once again the originator had failed to provide the requested information . I was told they would contact the originator and get back to me by the end of the day. I have heard nothing and the 8 weeks I agreed to allow the claimant more time to gather the information has now again expired. It appears they have issued the claim without being in possession of the documentation. They stated that they had referred back to their client on several occasions and the information would be provided when they received it, and that no further action would be taken until they are able to respond. The documents sought by my request are essential for the proper preparation of my defence and the determination of the claim and CPR 31.14 affords me a right to inspect those documents. I am concerned that the claimant`s continuous requests for extending the time frame, for now almost 3 months, puts me at risk of a default judgement without having the opportunity to defend myself.

Hows this so far in box 10........... On 6th July, following service of the Claim Form in this case, I wrote to the Claimant's Solicitors requesting inspection of documents mentioned in the Particulars of Claim pursuant to CPR 31.14. I also wrote to the originators (Halifax) enclosing a Subject Access Request and included the ten pounds required fee. An extension to 20th July for filing my defence was agreed and confirmed in writing. A copy of this confirmation, marked "B" is attached. On 14th July i contacted the claimants solicitors for verbal confirmation that the requested documents were going to be made available to me within the requested timescale . The solicitor informed me that he was sorry but they still had not received the requested documents from the originators and would be passing the case back to the originators.I asked for this in writing and received another letter which i have attached marked " C ", stating the required information had been requested from their client again and would be provided to myself uopn receipt by themselves. They also asked me for more time to do this and put the file on hold until 12th September (8 weeks ). Please see continuation sheet marked " D " documentation. I was told that once again the originator had failed to provide the requested information . I was told they would contact the originator and get back to me by the end of the day. I have heard nothing and the 8 weeks I agreed to allow the claimant more time to gather the information has now again expired. It appears they have issued the claim without being in possession of the documentation. They stated that they had referred back to their client on several occasions and the information would be provided when they received it, and that no further action would be taken until they are able to respond. The documents sought by my request are essential for the proper preparation of my defence and the determination of the claim and CPR 31.14 affords me a right to inspect those documents. I am concerned that the claimant`s continuous requests for extending the time frame, for now almost 3 months, puts me at risk of a default judgement without having the opportunity to defend myself.

Thank you

Grrrrrr-ok i cant fit all all i need into box 3 on n244 - any ideas x

Ok . Spent too long reading other threads again. I fill it in online and print it off i think or should i hand write it ? Can i paste it on here pls before i print off ? x

Hi Anyone about today. I,ve some time today to do what ever i need to do next. Ok i was going to put in an N244 but reading a previous post from Elsa i cant do this until after 12th Sep (tomorrow ). The agreed deadline is up tomorrow so i am open entirely again to judgement. They have totally messed me around. I have absolutely nothing to defend with. They have not returned calls or come up with the information i requested. Can someone please tell me what i need to do to apply for the courts to throw this out ? I can do this this afternoon but am getting confused. I am happy to put in N244 today if it helps ? I just dont want a judgement x

Thanks all-so how do i apply for a strike out ? i`ll be gone for a few hours but will come on later tonight . can allocate some time and read up etc but would appreciate any pointers And thank you .

hi both, well I rang the solicitors today and asked them why I still hadn't received the Requested documents. the lady said they hadn't received anything from the claimants yet. I explained that even if they receive them tomorrow they then have to get them to me and I now have no time AGAIN to prepa a defence as the extension runs out on 12th Sept . I really don't think I can manage going through all the extension and ringing the courts and letter to judge etc again. Not only am I working full time and more again this week but my poor Dad has had a heart attack and is hopefully going for a triple by pass in the next few days ! I KNOW I will not be able to do anything now before the 12th unless it's at this tiime of night . Anyway, the lady said shed contact the claimants and get back to me but would prob ask me for another extension, this would effectively be the 3 rd . Elsa have I got anything to lose by just filling out the NN24. I'm sure you've done me a sample one in an earlier post ? SAr was ignored also btw ! X

Its not SB i found a direct debit paymentb to them about 4 or 5 years ago.

Hi Elsa and everyone, I`m at a loss again now so thought i`d recap on here and ask you where i should go from here. If you remember i am primarily aiming to avoid a CCj , either through mediation oOK so to summarise : Debt just under £5000 is an HBOS Credit Card. Account purchased by Arrow Global 2010 Date of last payment not known ????? Stat Barred ???? PPI / charges Claim issued 6th June via Northhampton POC: The claimants claim is for the sum of 4.536.42 being monies due from the defendant to the claimant under a regulated agreement between the defendant and HBOS. (no. xxxxxxxxx) and assigned to the claimant on oct 8 2010, notice of which has been provided to the defendant. The defendant has failed to make a payment in accordance with the terms of the agreement and a default notice has been served persuant to the consumer credit act 1974. And the claimant claims the sum of 4,536.42. Acknowledgent and intention to defend all done online CPR 31.14 and SAR (to Hbos )sent (6th July) Extension verbally granted by sols until 20th July - now confirmed in writing. Contacted the solicitors when 7 days post CPR was up and they apologised , said they had found my letter which had not be looked at and that they would not be pursuing the matter but handing it back i assume to Arrow. I asked for him to confirm this in writing and received this >>>>> Dear Madam, Our client XXXXXX Claim no. XXXXXX Sum outstanding XXXXXXX Account no XXXXXXX We write in relation to the above matter and further to your recent letter. The required information has been requested from our client and will be provided to you upon receipt by us. No further action will be taken until we are able to respond to you. 18th July letter as follows ......... Dear Madam Our client: Arrow Global Limited Claim number: XXXXXXX Sum outstanding: £4,536.42 Account number: XXXXXX We write in relation to the above matter and further to your recent letter. The required information has been requested from our client and will be provided to you upon receipt by us. No further action will be taken until we are able to respond to you. We can confirm our file is on hold until 12 September 2011. Yours faithfully So my original defence was due in 20th July and that included a 14 day extension. They have since confirmed that no action will be taken until after 12th sept while they gather the requested documents. My SAR from Halifax never arrived. i still have nothing and feel wide open to a CCj. Was thinking about submitting an N244 now before the 12th Sep as per Elsa`s prev post ? I dont want to risk a CCj. Court have a copy of letter from solicitors requesting more time. Any ideas ? x

Anyone x

Hi Well got back from hol yesterday and nothing has arrived from anyone. SAR not been acknowledged. Nothing from Arrow who wanted more time to gather documents. Had e mail from court basically saying i needed to pay to be granted an extension-i`ll copy and paste it... Good morning, Thank you for your email, the contents of which have been noted and the letter placed on file as requested. Any agreement you have made with the claimant is between yourselves - if you wish to make a formal application to extend the time to file your defence you may do so on the attached form N244 with a fee of £45.00. This would then be placed before the District Judge for consideration. Regards, So what should i do now ? Wait until Arrow come up with docs or put in something which asks for claim to be thrown out ? Any ideas welcome. And thanksx

Morning Elsa, Ok Mon i e mailed the court and attached copy of e mail from solicitors. Monday i posted copy of letter from solicitors recorded would have arrived yesterday. This morning i phoned the court-lady said they were five days behind looking at mail and that i shouldny worry because even if they tried to obtain a judgement today it wouldnt stand because i have the letter-she said worst case would be that i`d have to pay for more time to defend or something like that. Anyway i felt like phoning was a complete waste of time !

... Sorry ...no point in trying to defend with nothing to defend with or without . maybe I should have gone straight in with application but we,ll see.

No I,m giving them more time to comply with CPR 31.14 requestso I can prepare a defence ? if they don't comply this time I'm putting in an n244 . I think that's correct ?. no point is trying to