Have I opened a can of worms?????

[rbrears]

Part 2 of the Civil Procedure Rules will give you your answer. Bank holidays are only excluded from part of any time limit if the original time limit is 5 days or less and one of those days is a bank holiday - the bank holiday is excluded in this circumstance.

 

Also if the last day for complying with a time period is a day when the court is closed the period will be deemed to have been complied with if the relevant action to comply with the time limit is done on the next day that the court is open - so if the last day of the 14 days is a bank holiday or a weekend day (the court is always closed on these days) then filing the defence on the next day that the court is open would be sufficient.

 

Take a look at http://www.greenbook.co.uk for all the Civil Procedure Rules.

 

Hope this helps

[rbrears]

They have until 15th. As the court is closed on 13th May they are allowed to file on the next day that the court is open - i.e. 15th so you probably wont be able to enter a default judgment until 16th.

[rbrears]

I'm at exactly the same stage myself with Corbbetts. Sent back an amended particulars of claim and a part 18 request of my own today. It seems we are all getting a stock defence saying that they can't plead to this or that and asking for further particulars, telling us what we have to prove etc. To be fair this is probably because we all used MCOL which gives hardly any space to put in the information that the defendant needs to be able to put in a proper and detailed defence.

 

The details of the accounts, etc. is easy to provide to them. The details of each and every charge, date, etc (if they asked you all for it - they did me) should all be to hand anyway if you did the excel spreadsheet to work out your charges and the interest.

 

The slightly more difficult (but by no means insurmountable) questions are probably the ones asking you to provide details of the contract, the sections of the various acts you are relying on etc. etc. and the part in the defence about the charges being for the provision of banking services and therefore not subject to the legislation or common law we are pleading.

 

I'm a bit pushed for time now but I hope to be back to this thread this evening and will be happyto help anyone then if required

[rbrears]

Hi Mountainofdebt. Can you let us know exactly what questions are asked of you in the defence and the part 18 request?

 

I know its a drag for you to post them here (pm me if you like) but, as has been said in this post, we are getting to the sharp end of all this and I would like to be able to see exactly what they have asked of you before I respond.

 

It may be that they have asked exactly the same questions as they have asked me - if so there are two possible approaches that I will be happy to discuss with you.

 

All the best - chin up

[rbrears]

Post removed temporarily. Theres a good chance that the bnak will trace it to my proceedings - yes i'm being paranoid! Will repost it here once my claim is finished.

[rbrears]

Just put all the answers in a reply to their request then.

 

And serve your own if you wish. I can't say if it will persuade them to settle - only served my own versions of the above today so they have not reacted to it yet. What it does do, I hope, is show that you a) understand the issues, b) are not phased by their stock defence and part 18 request, c) aren't taking any sh*t, and d) are prepared to engage with them to properly litigate the issues involved and are not just joe public trying it on.

 

What it will do is make it clear that if they remain engaged in the litigation with you they will have to do a lot of work. Answering that Part 18 request properly and fully would take hours and vastly increase the bank's legal fees for dealing with your case. That is not the intention of it - it is meant to engage on the issues - but for us it is a welcome by product.

 

Be aware that it might even make them a bit stroppy and you may be ear-marked to be taken all the way to court. For myself Im not bothered about that and would welcome the chance to attend a hearing.

 

As I said its your call and I can't and shouldn't tell you how you want to play it. I will always be around as a sounding board but ultimately everyone has to make their own decisions.

 

Nice to know I can bring a smile to the faces of my fellow litigants

[rbrears]

Will do

[rbrears]

Yes the only requirement is that it is in writing and expressed to be a Part 18 request - just put it in a letter. Best to answer theirs and serve yours as a separate document - only so that if they end up before the judge later it is easier for him/her to keep documents separated.

[rbrears]

Don't blink first

 

I had the same letter and refused the offer.

[rbrears]

Take heart friends. We are all at almost the same stage and I got a phone call from Cobbetts 10 minutes ago settling in full - just over £4500

 

Don't blink - even CrapWest WILL settle.

 

:) :) :)

[rbrears]

Yes and Yes

[rbrears]

Good for you - keep us updated if you make your claim.