This Northampton scenario... questions pls

[willtheywontthey]

1. How come it is only Northampton 'court' that does this strange 'quickie' automated non-human hearings?

 

2. Is there any way at all to somehow pre-empt any attempts by DCAs to use Northampton? I'm thinking there might be some sort of loophole somewhere that prohibits this activity if you opt-out of this methos (too simplistic???)

 

I notice they cannot (should not rather) use Northampton for Northern Ireland

 

3. How long would it take a 'NEW' DCA to set-up a Northampton attack (eg SD!) and what sort of warning should eb give (ie letter or assignment?).

 

4. Can DCA companies who are acting on behalf of 'clients' use Northampton or should they have bought the debt?

 

5. If you are in Wales have you the right to have language use in court to be in Welsh (my letters but not theirs obviously) and therefore Northampton cannot be used? I appreciate written dealings with OC are in English but not the ICO or FOS details would be.

[yourbank]

1) they are the bulk county court clearing centre.

2) you can apply for any hearing to be heard locally to you.

3) no idea

4) no idea

5) see number 2 and number 1

[willtheywontthey]

thanks again

 

BUT with no 2... I'd have to apply 'afterwards'? I'm trying to find ways to possibly pre-empty any attempts at using Northampton. (am away from home from time to time for 2-3 weeks at a time)

[yourbank]

pre empting would be suing the DCA before they start proceedings, right?

[Michael Browne]

 

BUT with no 2... I'd have to apply 'afterwards'? I'm trying to find ways to possibly pre-empty any attempts at using Northampton. (am away from home from time to time for 2-3 weeks at a time)

Time scales are the same whether a claim is issued at Northampton CBBC or a County Court

[Michael Browne]

3. How long would it take a 'NEW' DCA to set-up a Northampton attack (eg SD!)

If you mean a Statutory Demand, that is not issued through a court, merely sent direct from the DCA/creditor

[willtheywontthey]

Thanks - more annoying Qs from me I'm afraid.

 

What are timescales then please?

 

and

 

 

but is not a SD actually something to do with a court and not just a letter?

[Michael Browne]

What are timescales then please?

 

Claim deemed served 5 days after issue

 

Claim must be acknowledged within 14 days of deemed service date

 

If acknowledged, claim must be defended within 28 days of deemed service date

 

but is not a SD actually something to do with a court

No, it is not isued by a court and there is no fee, which is why DCA's like them so much (cost effective). Once recieved, however, you have 18 days to dispute it.

[willtheywontthey]

Thanks

 

So am I right to assume that from the day a DCA send in a case to Northampton it is 5+14 = 19 days before it has to be acknowledged by me?

 

Q1. What if I am away for 20 days and did not acknowledge it?

Q2. When should they tell me about all this then?

Q3. What if I do not acknowledge and what if I do but after the 19 days?

Q4. You mention must be defended within 28 days - that is 28 days of the very first day of the 19 or is it 28 days after 19 (=47 days?)

Q5. Do they days have to be working days?

Q6. If the SD is not sent to court then what do the DCAs send to Northampton if not an SD?

 

 

Q7 - any answers to original Q 4+5 anybody?

[Michael Browne]

-

 

So am I right to assume that from the day a DCA send in a case to Northampton it is 5+14 = 19 days before it has to be acknowledged by me?

Yes

 

Q1. What if I am away for 20 days and did not acknowledge it?They could get judgement by default

Q2. When should they tell me about all this then? Issuing the claim is telling you about it. They are not to know you are away

Q3. What if I do not acknowledge and what if I do but after the 19 days? Maybe too late for a default judgement, but you can then apply to have it set aside

Q4. You mention must be defended within 28 days - that is 28 days of the very first day of the 19 No the deemed date of service is counted as day1 If acknowledged, claim must be defended within 28 days of deemed service date

Q5. Do they days have to be working days? No, calendar days. If that means last day fall on a weekend/bank holiday, then it's the next working day

 

Q6. If the SD is not sent to court then what do the DCAs send to Northampton if not an SD?

 

 

SD is a pre-cursor to an application to the court for bankruptcy, which is often not followed through because it would cost the creditor.

[I've got no money]

Don't forget that Creditors use Northampton County Court (County Court Bulk Centre - Money Cases on Line) because the fees are slightly less than in the local county court and the CPR are modified - they only have to serve the Summons and do not have to serve supporting documents.

 

As soon as you file a defence the case is transferred to the Defendants' local County Court

[willtheywontthey]

Thanks

 

You mention 'they are not to know' that I am away. If I let them know they will go to court I guess simply because of this fact. If I do not let them know.......

 

Is there no other way of somehow complicating things to my advantage for a week or two everytime I go overseas?

[willtheywontthey]

Is there some way of registering ones details with Northampton before I go away so they email me if something appears there?

[I've got no money]

Is there some way of registering ones details with Northampton before I go away so they email me if something appears there?

 

Unfortunately not