Advice Needed Please

[AndyOrch]

Hi Andy, I kept the envelope, but it has no date stamp..they are sending them via franked mail.. unless there is a way to tell the date that I dont know about

 

..but i'm unsure how to do that also the default letter coming after litigation is started..that must be wrong..Absolutley thats the basis of your defence

Im sure one of the Caggers can break the code re date on frank

Ill get you something to put in other back shortly

Regards

 

Andy

[AndyOrch]

Edit to suit and include DN received after litigation commenced

 

 

 

The Claimants are deliberately frustrating these proceedings and preventing me from submitting a Defence/ Counter-claim, by refusing to provide information first requested under a Subject access request on the xxth xxxxx 2008. They have only partially complied with my request. I have sent letters to the Claimants Solicitors on the xxth xxxxx respsectively, requesting the outstanding information, which has to date not been furnished. I believe this is entirely unreasonable behaviour.

 

Regards

 

Andy

[johnnybgood]

Cheers Andy, I'll put something together and run it by you before I send it..

[johnnybgood]

Hi Andy, Ive put this together for the more info part..

 

The Claimants are deliberately frustrating these proceedings and preventing me from submitting a Defence, by refusing to provide information first requested under CPR31 on the 6th XXXX 2009.

 

The Claimants Solicitors acknowledged the CPR31 request on the XXth XXXX 2009, and requested an aditional 14 days to provide the requested documentation,

to date the requested information has not been furnished.

The Claimants solicitor has since sent me a Default Notice Dated 1st XXXX 2010 which I received on 7th XXXX 2010, even though litigation is in progress.

I believe this is entirely unreasonable behaviour.

 

 

what do you think? do I need more?

[AndyOrch]

Hi Andy, Ive put this together for the more info part..

 

The Claimants are deliberately frustrating these proceedings and preventing me from submitting a Defence, by refusing to provide information first requested under CPR31 on the 6th XXXX 2009.

 

The Claimants Solicitors acknowledged the CPR31 request on the XXth XXXX 2009, and requested an additional 14 days to provide the requested documentation,

to date the requested information has not been furnished.

The Claimants solicitor has since sent me a Default Notice Dated 1st XXXX 2010 which I received on 7th XXXX 2010, even though litigation has commenced and therefore invalid and unlawful termination of any alleged debt.

I believe this is entirely unreasonable behavior and the claim as been brought unlawfully

 

 

what do you think? do I need more?

Good to go now Johnny

Andy

[johnnybgood]

cheers Andy,

do you think I should include what the information is that I requested ?

ie DN and Agreement that are mentioned in the POC and that its the basis of their claim..

[AndyOrch]

No Johnny you state that you have requested this in your CPR.You can mention they are in default of your CCA request.

 

Andy

[johnnybgood]

ok Andy..thanks for all your help

i'll keep you posted..

[johnnybgood]

Hi Andy, am I obliged to send the other party a copy of my AQ?

 

just received a letter from the DCA requesting a copy of my AQ and enclosing a copy of theirs..

[AndyOrch]

Yes thats ok Johnny if you can post details of theirs that will give us a heads up

 

 

Regards

 

Andy

[johnnybgood]

they are asking the court for a 1 month stay to give them time to try to reach a settlement..

if I dont send them a copy..will I be liable for anything?

[AndyOrch]

No but the normal practice is to exchange AQs

[johnnybgood]

ok i'll send them an un-signed copy.. because they may be fishing for a signature..

cheers Andy

[johnnybgood]

sorry to be a pest Andy..

 

just noticed that on their N150 part C pre action protocols they have checked yes in the box on part 2 which says:

"have you exchanged information and/or documents (evidence) with the other party in order to assist in settling the claim?"

they have not sent me anything except this AQ...and the illegal DN of course..

[AndyOrch]

Well you will you use to their lies just make a note.

 

Andy

[johnnybgood]

Hi Andy, just a quick update...

local Court ordered the Claimant to supply the requested info that I requested under cpr31 by last monday....they failed..

also ordered that I submit my deffence by 2 weeks later..

just working on that now..but dont know where to start..

any ideas?

 

cheers

[AndyOrch]

Hi Johnny I trust you are well.

 

Ok if they have failed to comply with the DJs order dated xxxx then you are not in a position to submit an amended defence because nothing as been furnished to change the claimants plea.If anything you should contact the Court and point to the order and date and request a strike out of the Claimants case.

 

 

Regards

 

Andy

[johnnybgood]

Cheers Andy..

 

I'll give them a ring and find out whats going on..

I'l let you know.

 

If it gets struck out..can they claim again at a later date?

 

Thanks again for your help.

[AndyOrch]

Well they may but if they cant supply now after paying the summons fee why bother again,they may well sell to another bunch of Muppet's but then again they will have to supply all paperwork their claim is based on also and so it goes on and on ......... very futile.

 

 

Andy;)

[johnnybgood]

cheers Andy..

 

I should have put in a counter claim for all the stress..

[AndyOrch]

Dont let it stress you Johnny play their game;)

[johnnybgood]

Hi Andy,

 

Hope you are well..

Just a quick update..

 

the DJ made an order that the DCA produce documents to me by a date..they failed so 3 days later I wrote to the CC to say I couldnt comply with their order because the DCA had failed to provide the info..

2 days later the DCA sent the info that I requested..

The DJ has since made an order that they provide the info by another date or their case will be struck out..

What now?

the info looks like a fabrication anyway..

can I still make a counter claim at this stage?

I'm going to claim for stress

 

Johnny

[AndyOrch]

Hi Johnny

 

Yes im very well thanks

 

Is the court aware that the DCA furnished said information and what if any other docs are you waiting on?

Did the DJ make the order unaware that they have partially compiled?

If so and they have not furnished all requested then wait for the date of the order and contact your CC and prompt his last order.

 

Regards

 

Andy

[johnnybgood]

Hi Andy, apparantly he made the order before the DCA sent the info..

anyway the DCA sent me a DN while litigation is in progress and sent it in an un dated envelope giving me 14 days to pay the arrears..it was dated the 1st and received on the 7th but with no date stamp how will I prove that?

also..in the info that they sent..there is a photo copy of a DN dated about 1 month before the one I have, and both have the total amount stated in the claim form..

they have also registered a default on my credit file..and the amount has increased.

 

Johnny

[AndyOrch]

Hi Andy, apparently he made the order before the DCA sent the info.. Shame

anyway the DCA sent me a DN while litigation is in progress and sent it in an un dated envelope giving me 14 days to pay the arrears..it was dated the 1st and received on the 7th but with no date stamp how will I prove that? Did it allow 14 days plus service to rectify any alleged breach?

also..in the info that they sent..there is a photo copy of a DN dated about 1 month before the one I have, and both have the total amount stated in the claim form.. Only the mthly arrears can be requested by the breach as the Account as not been terminated

they have also registered a default on my credit file..and the amount has increased.Dont worry about that for now you can rectify later if you successfully dispatch the above

 

Johnny

 

Andy