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Help! Received Court Claim Form**WON**


MR2Phil
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oh yeah when i said header, i mean

 

In the xxxxxxxx County Court

Claim number

 

 

 

 

 

Between

 

xxxxxxxxxxx- Claimant

 

and

 

 

- Defendant

 

that bit, and obviously you need to amend anything which is xxxxxxxx'd out

 

also, id include copies of the CPR letter and proof of posting and any correspondence refered to in the defence

 

 

regards

paul

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Good morning and Happy New Year!!!!!!!!!!! Hope the head is clear! I was designated driver last night, for my sins...oh well, was a cheap one I suppose!

 

My defence was signed for yesterday, so what's going to happen now? Will the court send my defence to CLF?

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Hi Phil

 

Yes the court will send a copy to the other party,

 

they will then have the option of considering the defence and consider if they wish to continue with the case

 

lets hope they see sense eh

 

Regards

paul

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  • 2 weeks later...

Hi Phil

have you not recieved notification from court that your defence as been recieved and submiited to the claiments? normally a standard letter is issued around 2 weeks on submission informing you of this and then the 28 days start from date of the court letter not the date of your submission Worth a call if you have not recieved.

 

 

Regards

Andy

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Ok, so I called the court yesterday and the bossy woman told me that my defence had been received on 20th December...this was actually the letter saying I was struggling to put a defence together! When I explained what the situation was she just kept cutting me off saying "No, NO, the DEFENCE was received on the TWENTIETH!"...she did say that my actual defence (which was clearly marked up "DEFENCE") was on file and had also been sent to Howard Cohen though...and that they have until 22nd Jan to respond before the case is stayed.

 

What happens then? I understand that all they can do at that point is ask for more time? What if they never bother getting back to me or the court? Can they just send it back to GE Money and they then get someone else to start the whole thing over?

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Hi Phil

Ok in the event you do not hear anything then the case will remain stayed until a time the claiment wants to either contiue which they will have to pay to revive it or you will recieve an AQ if they contiiue which basically asking for further directions on their intentions with the case.There is still time for their Sols to approach you before the stay so sit tight for now

 

 

Regards

Andy

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l would make a complaint about that person if l was you.

 

She obviously does not under customer relations.

 

Chrissi

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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Ok....today I received a letter from Howard Cohen saying that they wanted £10 (under the SAR request) before they release any information!! Surely they can't then rely on documents in court if they haven't sent it to me when I asked?! I didn't send an SAR, it was a CPR (if that's the right acronym!). Are they clutching at straws? Why have they waited almost two MONTHS to say that I can't have MY information?

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Hi Phil

 

welcome to the world of litigation mindgames as you have already outlined in pauls defence their failure to supply and taking into account the letter I posted for you for the attention of the Case manager the court will be fully aware of the frustrations Messers Cohen are creating.Like i said in post 113 sit tight you can keep the letter and bring it to the courts attention if you ever get there.

28 days and counting

 

 

Regards

Andy

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Ok, so you reckon I don't send them this £10? I just don't see how they can ask for money for docs that they are going to use against me! (That's assuming they have them, of course!)

 

What happens 28 days from now? Do I need to inform the court of this letter I received?

 

Thanks for your onging help

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NO NO NO,

 

Besides, sending them a tenner would serve little purpose as they could conceivably drag things out even further, remember under S7 DPA they have 40 days to supply the information requested

 

Nothing happens now until the Allocation Questionnaire drops on your matt

 

when it does let us know

 

Regards

paul

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  • 2 weeks later...

i agree FC, i would give the court a courtesy call to inquire about the AQ

 

the court may have dispensed with the AQ although its highly unlikely or the court may have sent you one but you didn't receive it so its worth a call just to be sure

 

 

Regards

paul

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Ok will do. Cheers guys. Tried calling just now but court is shut until Monday.

 

I was hoping this was just gonna get thrown out, there's so many points where they've fallen down, as outlined in Paul's defence...

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