Help Please Re: CCJ From Northampton CCBC - ***DISCONTINUED***

[citizenB]

Yay! I got offered the job and start next week, there was no mention of any credit checks

 

Oh well done you. I am so pleased. That is one worry sorted. Now as andy says, you can concentrate on sorting out the muffins.

[Misterzeus]

Thanks guys

 

Yes, the next step will be to sort out the muffins!! As Arnie said - I'll be back!!!

[citizenB]

Thanks guys

 

Yes, the next step will be to sort out the muffins!! As Arnie said - I'll be back!!!

 

 

That's good.

[Misterzeus]

Hello, Mrs Z here again!! Just an update.

 

It doesn’t come as a surprise really, but, DH had a letter from Incasso LLP reference the CCJ and the Co-op – it says that they have referred the “part 18” request to their client to provide the details/docs ASAP. They go on to say that it is unlikely that the details will be accessible within the time requested. Also, within the guidelines as set by the court he has until 27th July to file his defence and/or counterclaim.

 

From what both DH and I have read on this forum, it seems it’s rare that part 18 requests are fulfilled. I will take a look around to see what has to be done, because we don’t want him playing into the Un co-operative banks hands and let them win due to lack of preparation for the defence.

 

I can’t believe they went straight for the jugular and didn’t give DH the opportunity to deal with a friendly (not) DCA – lol!! Complete barstewards.

[citizenB]

Good Morning Mrs Z.. well they certainly know how to wreck a girl's day dont they.

 

Personally, I am not sure what the procedure is now. It appears they are using delaying tactics which will obviously go in your favour and I would say that you will be advised to offer an "embarrassed defence" with the request that once these guys get their fingers out and provide you with the information you require you can amend.

 

Hopefully, someone with more knowledge will pop in later on today. If not, I will hit the panic button for you.

[Misterzeus]

Good morning citizenB,

 

Thank you very much for replying so quickly!

 

Yes, I’ve read a couple of threads concerning the “embarrassed defence” and did wonder if that would be the route DH should take. I’m trying to get as much info as I can to help DH prepare, it seems only fair as I am not working yet! Having said that, I would help him anyway, after all, we are a partnership.

 

You’ve been really kind and I am really grateful for the help, as I know DH is too. It’s a really dreary day here weather wise and doesn’t do much to keep ones spirits up!! Still, as they say – what doesn’t kill you makes you stronger, just have to keep up the good old British “stiff upper lip” attitude and not let the Barstewards grind us down eh??

 

Sorry for going on and thanks again

[citizenB]

You are more than welcome. As you say, dont let the b*ggars get you down.

 

Yes, it is a good idea to read as much as you can, so that you can understand all the stuff you will need to collect.

[citizenB]

Bump:D

[Misterzeus]

Thanks for bumping citizenB, you're a star

[creditcardmug]

Hi dont worry about the letter in post 29, standard stuff, suggest you phone the court to get a date for filing your defence, and bear in mind it will be too big to do online so will have to be posted

[Misterzeus]

Hello creditcardmug (love the user name!!)

 

Thanks for your message, DH is off today so he will phone the court to get a date. The defence will be prepared and sent by special delivery, from what we've read, that's how most people have been advised to do it.

 

Appreciate your help

[Misterzeus]

Hello, Mrs Z here,

 

DH has just phoned Northampton Court, the date his defence has to be in by is the 25th July.

 

I have a few questions if I may.

 

Is it best to go with the “embarrassed defence” as said before in this thread?

 

How long should DH allow for the defence to arrive by special delivery in time for the 25th July? (I understand that special delivery is guaranteed next day delivery, but am sure I have read on the forums that a bit longer than the day before should be allowed).

 

What happens if Incasso/Co-op comes up with the required info after DH has sent of his defence and what should he do?

 

Any help appreciated very much, thank you

[Misterzeus]

Mrs Z again,

 

forgot to ask, DH makes monthly £1 token payments to all his creditors, they are due to be paid today, should he still pay Co-op (Smile) as usual, even though there is this CCJ against him?

 

Sorry if this is a stupid question (we're guessing the answer is yes) but want to be sure.

 

Thanks again

[creditcardmug]

Mrs Z again,

 

forgot to ask, DH makes monthly £1 token payments to all his creditors, they are due to be paid today, should he still pay Co-op (Smile) as usual, even though there is this CCJ against him?

 

Sorry if this is a stupid question (we're guessing the answer is yes) but want to be sure.

 

Thanks again

 

Once they issue a claim, i wouldn't pay them anything until the matter is resolved, 23rd should ok to by SD

[citizenB]

Hello, Mrs Z here,

 

DH has just phoned Northampton Court, the date his defence has to be in by is the 25th July.

 

I have a few questions if I may.

 

Is it best to go with the “embarrassed defence” as said before in this thread?

 

How long should DH allow for the defence to arrive by special delivery in time for the 25th July? (I understand that special delivery is guaranteed next day delivery, but am sure I have read on the forums that a bit longer than the day before should be allowed).

 

What happens if Incasso/Co-op comes up with the required info after DH has sent of his defence and what should he do?

 

Any help appreciated very much, thank you

 

 

Yes, go with the embarrassed defence but adding that you would like permission to amend it if and when the claimant provides the information requested.

 

Have you sent off the CPR letter requesting the information you want ?

[Misterzeus]

Thanks for your reply creditcardmug, ok, DH won't pay them then and thanks for the info regarding when to send the defence by SD. Thanks again

 

Thanks for your reply citizenB, will add the extra info that you have kindly provided regarding the "embarrassed defence". Yes the CPR letter was sent recorded delivery and Incasso replied with the letter I posted about on friday. Thanks again

[citizenB]

Thanks for your reply creditcardmug, ok, DH won't pay them then and thanks for the info regarding when to send the defence by SD. Thanks again

 

Thanks for your reply citizenB, will add the extra info that you have kindly provided regarding the "embarrassed defence". Yes the CPR letter was sent recorded delivery and Incasso replied with the letter I posted about on friday. Thanks again

 

 

My apologies, yes you did. You could include that letter in your bundle to prove they are attempting to frustrate your defence

[Misterzeus]

Thanks citizenB but there's no need to apologise!!

 

Yes, good idea to include a copy of Incasso's reply, will do that. Thanks again

[Guest forgottenone]

Then, in order not to confuse your issue with the OP, you will need to post it in a new and separate thread. From which everyone else will help you. They can't if you post it in someone elses thread ...

[Misterzeus]

Hello Piky,

 

hopefully someone will come along to give you some advice.

 

Please can a moderator move Piky's post to a new thread so they can recieve the help they need, thank you

[Misterzeus]

You beat me to it forgottenone!

[aloysiush]

The particulars are a joke and a firm of solicitors has no business filing/serving the same. No account number, no date of agreement and no indication of the nature of agreement (whether fixed or revolving credit etc). Forget the silly letters. Make an immediate application pursuant to Part 3 CPR to strike out and in the alternative, clarification of the particulars, which are clearly an abuse of the process.

 

Whoever prepared the POC should be ashamed. It is a disgrace!!

 

Make the application, be an aggressive litigator and use the rules to your advantage. They will laugh at a silly letter, requesting documents, some of which have no relevance to the action and form a request for specific disclosure. The letter looks like a DPA 1998 request and has been drafted with little regard to a tactical battle in litigation, in that it attempts to light the fuse of an empty firework - it will fizzle and thats it!!

[pt2537]

The particulars are a joke and a firm of solicitors has no business filing/serving the same. No account number, no date of agreement and no indication of the nature of agreement (whether fixed or revolving credit etc). Forget the silly letters. Make an immediate application pursuant to Part 3 CPR to strike out and in the alternative, clarification of the particulars, which are clearly an abuse of the process.

 

Whoever prepared the POC should be ashamed. It is a disgrace!!

 

Make the application, be an aggressive litigator and use the rules to your advantage. They will laugh at a silly letter, requesting documents, some of which have no relevance to the action and form a request for specific disclosure. The letter looks like a Data Protection Act 1998 request and has been drafted with little regard to a tactical battle in litigation, in that it attempts to light the fuse of an empty firework - it will fizzle and thats it!!

 

Hi,

 

The POCs are quite often the standard we see on here, nothing surprises us im afraid.

 

I would ask that you also bear in mind that our members are not Lawyers, many do not understand the court procedures and find them very frightening, so spare a thought for that when you start criticising the letters and firing off CPR this and that, many people dont understand the procedures that you are referring to, so please if you are going to make a statement like that, make the full statement and tell the people how to do what you suggest

 

from the people i have helped on here, i try to take a view through their eyes, there is no point making complex legal arguments if the person who will be standing up in court simply cant understand it!!!!!!! or argue it in court

 

Regards

 

Paul

[Misterzeus]

Thank you for your message aloysiush, I must admit that it has confused me somewhat, my DH is merely a lay person and I think it may well confuse him too! Are you a solicitor?

 

Thank you for your message pt2537, I fully agree with your comments! Is the defence (embarrassed defence) my DH was going to do still alright to do? It's a worrying time as it is and now feel left in a quandry.

 

Appreciate your help and advice

 

Mrs Z

[ukaviator]

Pikey has started a thread . .