Are these CCA's enforceable

[AndyOrch]

I would wait a couple of days Shirei, you know they never file on time and they may even forward you a copy with compliments.

Well you never know:|

 

 

Andy

[shirei12]

OK Andy,it seems they have forgotten all about my CPR,still no docs. Seems unfair that they are given leaway on time limits though.

 

Shirei

[AndyOrch]

Nothing new there then!!!!!! Just sit tight until you receive your Notice of Allocation and see if your Directions have been granted.

[shirei12]

Well I phoned the court today and requested a copy of claimants AQ,I was told they do not do that. I have done this for another past case and they did forward me a copy Well I asked her to check if they had sent one and she said mine had gone to the Judge for direction but they have not received claimants AQ.

Seems there are rules for us and different rules for them.

[shirei12]

Should I have heard something by now??

[AndyOrch]

Would appear they are delaying submitting their AQ Shirei, tut tut tut wonder why?

 

Regards

 

Andy

[shirei12]

Yes Andy,I have had letter from local court today. "Unless Claimant files an allocation questionnaire by 12:00 on 21 October 2010 their statement of case shall be automatically struck out."

How is it they get all that extra time?

 

Shirei

[AndyOrch]

:violin:Not your concern Shirei looks like they are annoying the Court before they get there.

 

 

Andy

[AndyOrch]

Check with the Court again on the 21st and if they still haven't filed then force the strike out.

 

Andy

[shirei12]

How would I go about forcing strike out.

[AndyOrch]

You state the DJ orders of XXth XXXX "Unless Claimant files an allocation questionnaire by 12:00 on 21 October 2010 their statement of case shall be automatically struck out."

 

And you are enquiring to see that the above as been followed.

 

Ok Shirei?

 

 

Regards

 

Andy

[shirei12]

Is that done in the form of a letter?

[AndyOrch]

Can be but a phone call is usually suffice.

[shirei12]

Thanks Andy,fingers crossed they dont file then.

 

Shirei

[AndyOrch]

Absolutely Shirei

 

 

Fingers crossed for you:whoo:

[shirei12]

They filed on the 18th

[AndyOrch]

Never mind Shirei let it take its course and see what transpires.They may have requested a stay in the AQ hence the need to request a copy.

 

 

Regards

 

Andy

[shirei12]

I did request a copy but was refused by staff at the court.

[AndyOrch]

Ask the Claimants Solicitor then.

 

Andy

[shirei12]

IT IS ORDERED THAT

The Claimant to file and serve fully particularised particulars of claim by 4.00pm on 15th November 2010 to include a copy of the agreement in accordance with PD 16 C.P.R.

 

Also time extended for any amended defence.

[AndyOrch]

Lets await the new P.o.C then Shirei obviously the Court as made this order of its own merits and down to the confusion of the 2 amounts within the summons.

Claimant has 15th to resubmit how long have you been given to submit your amended Shirei?

 

Regards

 

Andy

[shirei12]

Well I did request in draft orders documents to clarify the amount in their p.o.c. also a copy of the agreement. I have been given 13th Dec to resubmit any amended defence.

Also any party affected by the order has the right to apply to set aside,vary or stay etc..............not more than 7 days after order date.

[shirei12]

Have now received new poc and seems in order.A copy of Agreement "reconstituted from electronic records held by the claimant" This one has %'s but do conflict with statements.

Think maybe now its time to try and come to payment arrangement.

[DonkeyB]

A reconstituted agreement is insufficient! The judge should be asking to see a signed original, or true facsimile copy.

 

Carey v HSBC made this crystal clear – a recon can only satisfy a s78 request, and is no good for court enforcement. A recon is NOT an executed agreement.

[shirei12]

The Judges orders were for a copy of the agreement in accordance with PD 16 C.P.R.

I remember a thread somewhere about %'s being wrong on agreements,conflicting with statements but I cant find it.