Legal Action: how to start off. IMPORTANT IF YOURE BEING SUED

[hsbcfiddled]

Sorry to hijack this thread but could someone have a look here

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/77661-hi-advice-please-loan.html

 

I have to reply by a week today- I think I know mostly what I need to reply to regarding their POC I just want some guidance as whether I am proceeding properly.

 

Thanks

fiddled

Edited June 25, 2010 by hsbcfiddled
add text

[pumpytums]

Just a quick question,

I have a case regarding a overdraft. The POC is pretty vague:

 

The claimants claim is in respect of monies due pursuant to an account maintained with the claimant"

 

"and the claimant claims:

 

1. cash over 5K

 

2. Costs

 

I have sent a CPR31.14 with the standard template. So far I have received statements back for 7 years and a termination letter. The CPR is up tomorrow so I have 2 weeks left, I'm not asking for a defence I know roughly what to do. The covering letter says I should expect a letter from their solicitor.

 

What would my best course of action be send them a 15.5 asking for an extension until they supply me with the documents I want? Or file an embarrassed defence which drags things on.

 

The Claim is over £5k by about £700 can I request small claims, I cannot counter-claim as I can't afford it so I'm going to use CPR16.6.

 

Any help would be appreciated.

 

Thanks

 

Pumpytums

[basa48]

Can someone advise on my unusual case here > http://www.consumeractiongroup.co.uk/forum/legal-issues/222131-opposing-set-aside.html

 

Basically I now have got TWO default judgements against this creditor and was looking for advice as to how to stop a second set-aside??

[ifoughtthelaw]

Can anyone tell me what is the procedure when you submit a witness statement for the main trial? Do you need to re-copy everything which has already been submitted and referred to as exhibits in the summary judgment?

 

The witness statement is the same apart from a couple of points taken out as they are no longer relevant and a couple of points added in to reflect updated events.

 

Any help appreciated - next stage for us is pre-trial checklist. Does the court send you this?

 

x

[diddydicky]

the WS for the SJ was just that therefore you will need a new WS for the main trail (this will be after you have received the creditors submissions so that you can answer any points raised in theirs

 

 

however i presume you kept copies of the WS so it could easily be ammended

 

be careful not to contradict yourself in the second WS

[scrible]

Sorry to hijack this thread but I have an issue to which I cannot find a mention on this forum, (I'm sure it's there but I just can't find it!!).

Problem- received a court claim form from Restons for HFC. Issue date 27 Aug 2010. Received 18 September. Replied with Acknowledgment of Service dated 18 September . Today called Northampton CCBC who stated that judgement had been made on 19 September and case had been moved to Norwich. I live nowhere near Norwich. First question I understand the 5 days plus 14 days but what happens if for whatever reason you do not receive the claim form within the time frame? Question 2 is it sufficient to state on form N244 that claim form was not received within the time scale, and how long does set aside give you to prepare a case. Grateful for any comments

[foolishgirl]

Hi scrible

 

You received the claim form after the date when the AS should have been received. (BTW did you keep the envelope it came in?) This should give you grounds for a set aside which, if granted, sets the clock back to when the claim was issued.

 

I suggest you start a new thread of your own for this & put a link to it on this thread so CAGers can help out.

 

BTW, Norwich acts a clearing centre but as the claim is now with them, it's to Norwich that you make your set aside app.

[means2anend]

Yes and ultimately in accordance with CPR it must be transferred to the defendant's local CCourt...you are an individual they are an organisation/company

 

m2ae

[scrible]

Ok thanks. Foolish yes I did keep the envelope, it has no date stamp or anything, however my post is on redirect and that may have added to the delay.The person I spoke to at Northampton suggested it was a matter between myself and the Royal Mail !! That maybe the case but its not helpful.... So you think I have grounds for a set aside on the delay alone or do I need to include my full defence? I will happily start a new thread just not quite sure how to do it.

 

m2ae - your absoloutley correct they did tell me this at Norwich.

 

Thanks for your help

[basa48]

Ok thanks. Foolish yes I did keep the envelope, it has no date stamp or anything, however my post is on redirect and that may have added to the delay.The person I spoke to at Northampton suggested it was a matter between myself and the Royal Mail !! That maybe the case but its not helpful.... So you think I have grounds for a set aside on the delay alone or do I need to include my full defence? I will happily start a new thread just not quite sure how to do it.

 

m2ae - your absoloutley correct they did tell me this at Norwich.

 

Thanks for your help

 

You would probably get the set-aside on the postal delay alone, the courts are loath to uphold default judgments if there is a chance it was given because the defendant wasn't served properly. It would help if you have a good defence for the claim though.

 

Apply for the set-aside (unfortunately it will cost an application fee) on the delay grounds plus include an outline defence. It needs enough detail to be viable, but not 16 pages of legal argument and case law. In fact keep well away from case law.

[Brassed off]

I will happily start a new thread just not quite sure how to do it.

 

 

Hi Scrible

 

Click on the link below and you should see on the left hand side, an Icon which says "+ Post New Thread" - click that and away you go

 

http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?170-Legal-Issues

Edited September 23, 2010 by Brassed off
Being fussy !

[Bigdebtor]

Royal Mial redirection should only add 1 day to your getting any mail.

[scrible]

I have completed the N244 - main reason for set aside is that the form was received after the 5 +14 days allowed. Additionally I have stated that "I wish to defend the claim because HFC have confirmed that they are unable to provide a copy of their legal agreement." Do you think that at this stage this is sufficient to achieve set aside. Furthermore, again I presume due to the postal issues, my post is on redirect, I have not received notice of the default judgement or indeed anything by post from any court. Do you think I should wait for that to arrive or pre empt it. I found out about the default judgement almost by accident when telephoning Northampton to enquire about my acknowledgement of service. Thanks in anticipation.

Scrible

[scrible]

Guys thanks for help, I have started a new thread link here http://www.consumeractiongroup.co.uk/forum/showthread.php?278225-Default-Judgement-entered-due-to-late-return-of-AoS-whose-to-blame-what-to-do&p=3139314#post3139314

[foolishgirl]

Think scrible means here:

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?278225-Default-Judgement-entered-due-to-late-return-of-AoS-whose-to-blame-what-to-do&highlight=

[phatram]

http://www.consumeractiongroup.co.uk/forum/showthread.php?122431-Me-v-MBNA-ABBEY-AND-MBNA-VIRGIN&p=3183886#post3183886

 

Can anyone help please.

[angel_1]

hiya all can anyone help me today as im fast reading as much as i can but getting muddled a bit cheers

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?282042-Link-Financial-court-summons-rec-need-help-pls

 

cheers angel x

[indianamachno]

An ex friend is taking me to court with a false document....

 

Can i use the above to ask for information?

[Undercover-Elsa]

An ex friend is taking me to court with a false document....

 

Can i use the above to ask for information?

 

Hi,

It's a bit quiet on this thread at the moment, but if you read the very first post, you can request a COPY of this document and any other doc mentioned in the Particulars of Claim by using CPR 31.14, and you can request sight of the actual document (eg by visiting their or their Solicitors premises) within 7 days by sending a CPR 31.15 request.

 

kind regards,

Elsa x

[indianamachno]

I have a copy of this document with the claim but I know the statement written on it has been added after I signed it....

 

Do I go to the police? Inform the court?

[the_shadow]

I have a copy of this document with the claim but I know the statement written on it has been added after I signed it....

 

Do I go to the police? Inform the court?

 

Answered on your own thread indianamachno http://www.consumeractiongroup.co.uk/forum/showthread.php?287012-County-Court-action-by-ex-friend

 

S.

[pt2537]

I must also visit a point which it seems is causing some difficulties, although i am not sure why, so here goes

 

if you receive a claim form, you must not sit on your hands with your thumbs up your buttocks,

 

you must write without delay and ask for any document MENTIONED in the Claimants statement of case, this is very important, IF IT AINT MENTIONED there is no entitlement to a copy under CPR 31.14 contrary to the opinions of some on this forum, sigh,

 

so you take the CPR 31.14 letter on this forum, and amend it to SUIT YOUR CASE, don't be a lemming, don't follow the pack and copy the template and don't edit it, you must edit to suit, if you don't then you have a real problem

 

so you send the CPR 31.14 letter, edited to suit your case, and you give the oppoenent 7 days to comply.

 

CPR 31.15, is the authority for the requirement to comply within 7 days, GO READ IT

 

Then, what has been happening, is people are missing one vital point.

 

They arent following up with an agreement with the Claimant for an extension of time for filing the Defence. CPR 15.5 allows you to agree in WRITING AN EXTENSION of time, and once agreed, you MUST WRITE TO THE COURT to notify them of the agreement, this bars any judgment requests by the Claimant providing that you have come to an agreement.

 

One thing that people on here seem to have a taboo over, is speaking to the opponents on the telephone. I have managed to make many agreements in principal with companies on the telephone, be nice, be polite, dont swear at them, talk to them as human beings and you will be ok.

 

Why would you want to phone them? well, when you send the CPR 31.14 letter with a request built in under CPR 15.5 for an extra 28 days for your defence, they have 7 days to comply. BUT i will tell you know, its unlikely they will within the 7 days, i have yet to find a debt purchaser that does.

 

So, the Claimant dont comply, so what do you do? well you pick up the phone as at this point you still have between 18 -21 days til your defence is due depending on how things have gone, and you ring them and ask, can you tell me when i can expect compliance? speak to the person responsible for your file, not the telephone operator, there will be a file handler so thats who you want.

 

You ask when you can expect compliance with your request, this will confirm that it has been received as well, cos if it hasn't, they will say something like " oh what request" which then means you can say ok what's your fax no and i will fax it over to you now!!

 

if they have it, then you can ask them, can we agree to an extension of time for the Defence, as i cant put my defence forward until i recieve the agreement from you that you are going to rely on and the only option i have if you cant agree the extension is to apply to the Court which will incurr costs and which i will seek to recover from you for your failing to provide me the documents i need to formulate my defence. if they agree, then get confirmation emailed, faxed or written to you asap from the claimant and then write to the Court attaching a copy of the letter, email etc. and get the persons name whom you speak to, and ask them, can you please tell me if this call is being recorded as i may need to refer to it in evidence !!!

 

 

If the Claimant will not play ball with you at that point, you politely tell them that you will be filing an application to the Court for the following

 

1) an order compelling the Claimant to disclose the requested documents

 

2) an extension of time not less than 28 days from the date of the order for filing your defence.

 

3) costs occasioned by the Claimants failings to disclose pursuant to CPR 31.14 and 31.15.

 

I have yet to come accross a judge who refused to order the Claimant to disclose when they havent complied.

 

You must remember that the circumstances of your case will require COMMON SENSE to be applied, but i hope that the above shows you that you need to keep a finger on the pulse and not dilly dally

 

a couple of people have sat on their hands waiting for the Claimant to reply, and have had default judgment entered as a result.

 

Let me be clear on this, if you do not file a defence you will be at risk of default judgment, this is why you have to act fast as make the necessary request, give the claimant the required time frame to comply, if they dont comply, phone them, find out when you will get compliance, remembering of course you have 28 days to file the defence, at this point 10 days will probably have passed,so the claimant needs to get you the documents ASAP id suggest 3 days would be long enough at this point, and if they cant get them to you in 3 days then they can darn well get you a letter telling you they agree to an extension of 28 days on top of the original 28days to allow for disclosure and defence.

 

Dont let them win by default. the agreement to the extension of time MUST be in writing, if its not then dont rely on what they told you on the phone, if you get to 7 days before your defence is due and you dont have docs, and you dont have an agreement for an extension then balls to them and apply on a N244.

 

for anyone who needs help with this part, please PM a site team member and ask them to contact me or someone who can assist and we can help you with the application

[indianamachno]

Please can you post this on my page as others wont see it....

 

Thank you very much M

[the_shadow]

Please can you post this on my page as others wont see it....

 

Thank you very much M

 

Hi Indiana,

 

This posting is already on a stickied thread and as such appears in a thread at the top of the legal forum for all to see.

 

S.

[bustthematrix]

#272 - Brilliant Post PT. Well done and Happy New Year in advance....