Should I send another SAR CAP1 PPI

[scatz1972]

Hi again

 

Out of interest when does the defendants 28 days run from, is it the date the court deemed the papers served or is it the date the defendant acknowledges the claim?

[skeptic]

Time limits for filing a Defence: CPR 15.4

 

14 days from the date of (deemed) Service of the Proceedings; unless they enter an Acknowledgement of Service, then its 28 days and runs from the date of (actual) Service of the Proceedings as per the Acknowledgement.

[scatz1972]

Time limits for filing a Defence: CPR 15.4

 

14 days from the date of (deemed) Service of the Proceedings; unless they enter an Acknowledgement of Service, then its 28 days and runs from the date of (actual) Service of the Proceedings as per the Acknowledgement.

 

Hi

 

Thanks for replying, so if the papers were deemed served by the court on the 21st Jan and on the 28th Jan the defendant acknowledged and said they were going to defend, then the 28 days runs from the 28th Jan?

[car2403]

It's 28 days after the date of service - if you issued via MCOL, they allow 5 days for service, (33 days in total) or if via a local Court, most allow 3 days for service. (31 days in total)

 

You'll have been told when the defendant had until on the Notice of Issue form - add 14 days to that day, and that is the 28th day after service.

 

Remember that they have until the 28th day, so you can't request Judgment until day 29 - plus you'll have to wait for the Court to process your request if no defence is entered, which can take a week.

[skeptic]

Hi

 

Thanks for replying, so if the papers were deemed served by the court on the 21st Jan and on the 28th Jan the defendant acknowledged and said they were going to defend, then the 28 days runs from the 28th Jan?

 

No.

 

Car's explanation is correct.

 

The rule states:

 

15.4 (1) The general rule is that the period for filing a defence is –

 

(a) 14 days after service of the particulars of claim; or

 

(b) if the defendant files an acknowledgment of service under Part 10, 28 days after service of the particulars of claim.

 

 

The point I was trying to make is that when the claim was issued the Court will have determined a deemed date of service; whereas the Defendant's Acknowledgement of Service will state the actual date of service... which may be different from the deemed date... and given the terms of 15.4(1) b... it is this actual date that you need to take the 28 days from.

[scatz1972]

It's 28 days after the date of service - if you issued via MCOL, they allow 5 days for service, (33 days in total) or if via a local Court, most allow 3 days for service. (31 days in total)

 

You'll have been told when the defendant had until on the Notice of Issue form - add 14 days to that day, and that is the 28th day after service.

 

Remember that they have until the 28th day, so you can't request Judgment until day 29 - plus you'll have to wait for the Court to process your request if no defence is entered, which can take a week.

 

Thankyou, I understand now

[scatz1972]

deleted as suggested

Edited February 18, 2009 by scatz1972
edited as suggested

[car2403]

No.

 

Have you had an acknowledgement of service? If not, it's time to apply to have judgment entered in default.

[scatz1972]

I got an acknowledgement, I was hoping they would just forward all the missing bits.

Edited February 18, 2009 by scatz1972

[scatz1972]

Hi

 

Got a letter from CAP1 this morning and they are going to settle my claim in full by cheque (which they never enclosed). The letter also says that they are going to rearrange for SAR to be sent to me again, however I believe that the content is going to be exactly the same as what they sent me previously, just statement, screen prints etc. What I really want so that I can start my PPI claim is a copy of the agreement that I signed that showed I was student.

 

So I have left a message with their legal rep to call me back (I hope this was a good idea?)

[scatz1972]

Spoke to legal rep and they are going to arrange to send me the bits I am missing...Atlast! honestly its like banging your head against a brick wall!

[scatz1972]

Okay got the cheque through this morning , do I stop court action when the cheque is cleared or when they send me the rest of the SAR that I am missing?

 

I am now sorting out PPI that they charged me and putting it on a spreadsheet can I claim CI?

 

I am also going for the late charges that they added to my account I was told that it would be better if I kept the two claims together, is this right?

[scatz1972]

Is there any template letters for the PPI claims? also should I claim CI interest?

[scatz1972]

Found the template letters, but still need to know if I can claim the 26.48% interest?

[the_shadow]

Found the template letters, but still need to know if I can claim the 26.48% interest?

 

Scatz I've not done it myself yet! but I've been reading around and people are claiming CI @ the purchase interest rate. Cap1 will not agree to that without a court case filed though according to the threads I've read.

 

They have however pulled out before the hearing stage in the threads I've read, I suggest you search around for all Capital one threads for more info.

 

 

PmW

[scatz1972]

Okay Cap1 wrote this morning to say that although they dont agree they are refunding my PPI and associated interest..However the associated interest appears to be just 8% on top of my whole claim.