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[pt2537]

yup whilst i may agree,

 

i have costs orders that show the judges dont.

[tosh1]

Good luck

[angel_1]

hiya everyone Very much appreciated all your guidance after yesterday i do feel so much better switching on my pc and seeing all your fantastic replies Thank you

 

as quoted also from pt2537 from the other thread you had given this below advice too

******************************

Angel,

 

Did you make a request for an extension of time under CPR 15.5?

 

If you did, then you could call the opponents and ask them if they consent to allowing you more time, if not then you would need to apply for an order for disclosure.

 

The N244

is what you will need, and you will need an order and ideally witness statement to support the application.

 

*******

 

In reply to your letter i did use the letter by surfaceagent20 see extract below in my letter - is this what you meant about if i had asked under CPR15.5?

 

****

In accordance with CPR 31.15© I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.

 

If you require more time in which to comply with this request you must tell me in writing. You must tell me before the time for compliance with this request has expired. In telling me you require more time you must tell me what steps you have taken and propose to take in order to comply with this request and also state a date by when you will comply with this request. In addition your statement must be accompanied with a statement that you agree to an extension of the time for me to file my defence. Your extension of time must be not less than 14 days from the date when you say you will have complied with my request and you must state the new date for filing my defence.

 

If you are unable to comply with this request and believe that you will never be able to comply with this request you must tell me in writing.

***********

 

i have earlier first thing this morning spoken with them but they promised a referral for monday that i have requested an extension of time for them to supply the documents for my defense, and for me to inform the court, but i think its best if i recall them and ensure their proper legal team are acting on this and to also obtain a date from link that i can confirm to the court will also ask they send me a confirming letter for a back up - but then im understanding that if i dont get an agreement of time, i will then have to do the N244 on monday which is what the court clerk also told me and either take in personally on monday or fax and send special delivery to the court and then im unsure do i still complete the defense part online or not as the n244 will be my responce for the moment?

 

have i got this right is this the best i can do today guys?

 

i feel much better now thank you all angel x

Edited November 13, 2010 by angel_1

[pt2537]

The most important thing is that the court is informed right away

 

you must fax the Court in Northampton or where ever your case is at the moment as then you will be able to stop them entering judgment

[angel_1]

hiya all and again thanks pt2537 for your latest post, that i must inform the court as early as possible, with a confirming letter if i get the extension of time, Does it really matter if i dont get a confirmation from link in writing, will it be sufficient that i confirm this only from a telephone conversation ive had with them?

 

(( if not then understand will do the n244 with supporting witness statement and fax firstly and post special delivery)) but of course the extension of time is more beneficial to me for the time being as i dont have to pay for anything

 

Also sorry but having had a 24 hour bug over the weekend maybe the stress of all this, i take it that if i get an extension of time, i dont summit anything online therefore dont complete my defense,

 

if i have to do the n244 with the witness statement, do i still Not do the defense online,

 

I Only Do the Defense online Once i have the Documents ?

 

""""Having now read your post no 22 - i think i dont put in defense online as long as ive got an extension of time agreed and i fax the court and likewise if i still have to do the n244 """ so the clerk had told me that it best to do the defense quoting my n244 application is really a bit wrong then?

 

cheers still a bit groggy this morning, cheers and thanks again will look in again after 10am today

 

angel x

[pt2537]

you are entitled to disclosure, that is a fact

 

The problem is, that the main document you need is the agreement,

 

It is this document you need to be able to assess if the Claimant has an enforceable agreement

 

The assignment and default notices etc, these are helpful, but you will most likely remember receiving them if you did, the notice of assignment if you received it then again you should remember this and if you didnt then per Holwell v Hughes the burden falls on the Claimant to prove posting per s196 LOPA 1925

 

So it is really the agreement which your case turns on and therefore if you get that document, then you can re assess the position and consider what you can and cant plead

 

EACH CASE must be dealt with on its own merits, so i cannot give you a one size fits all answer

[angel_1]

hiya

 

well been adv this that the application for judgement been sent last week to the court and they are going to call the court today to see if they can stop the judgement being processed if not then judgement wouldnt happen til 28 days time and we will have to resolve between ourselves within that time, ( not sure if this a sneaky way to get judgement more easily)

 

cannot give me confirmation of an extension therefore shd i wait on any confirmation by fax from link no time of when fax will arrive to me today was given or shd i protect myself with doing a n244 today faxing and sending by spec del with fee 40.00

 

************phoned court and was advised they may have to do a manual application now as

ooooooooooooooppsssssssssss - the judgement been rejected as i have til 4 to do my defense or get an n244 form into the court today before then

 

i think best to do the n244 form what you all reckon now?

 

luckily i sent my requested cpr 31.14 correctly but now whats best to do cheers angel x

Edited November 15, 2010 by angel_1

[the_shadow]

Angel_1 I may be wrong but I have a worry about what they have said to you, this claim was through the MCOL system I believe in which case as I understood it they click on the button to request judgement by default if the defendant hasnt issued a defence, this button only becomes available as I understand it when the allotted timescales have passed (28 days) etc.

 

As PT has advised if they have given verbal agreement that an extension is to be allowed and a time period then use that now in a letter and get it faxed to the court immediately, just state you have reached Verbal agreement and timescales do not permit written confirmation at present, I think you'll need to state that the claimant has indicated that previously they have requested judgment prior to this agreement but now agree to the extension of time.

 

I'll ask for further opinion for you.

 

S.

[pt2537]

Angel,

 

Has the time for filing your defence passed?

 

You have 28 days plus 5 for service under the rules to file and serve your defence. Now a request under CPR 31.14 must be actioned within 7 days, leaving 21 days to action matters in the event of non compliance.

 

Im very confused and concerned here, are we saying that the 21 days have expired

 

If they do enter judgment then you can get it set aside by consent in anyevent

 

SPEAK TO MR SOUTHWOOD EVANS

 

he is the man in charge of the litigation team in Caerphilly, he is who you need to speak with, no one else really

[angel_1]

hello the shadow thanks for your help here now

 

i feel the same uneasy feeling but may be worth the notion of doing that letter advising the court that having spoken with them they did say that if the application had not been sent by their other team and was not with the court today they would have at least agreed to the extension of time at least another 14 days as they are having to request the paperwork from the original creditor etc, but they could only ring the court to see if they could cancel the application,

 

however, they did not know at the time of my early phone call it had already been rejected by the court and the court clerk did say they could not apply again today only by manual request from tomorrow, hence i might be better using this knowledge now that knowing the application is rejected i will take the goodwill of their offer of an extension as they are now in a position to do so with finding the application being rejected by the court which they will find out when they call the court wont they?

 

im still happy doing the n244 if it helps me best cheers what you reckon? angel x

[angel_1]

hiya pt sorry just read your post after i posted up reply from shadow

 

today is the last day for my defense yes i know illness took over but i wont let this happen to me again i promise - sorry

 

as ive said to shadow, the court has advised the judgement they rec from link last week today was rejected automatically as i still have til 4pm today for my defense to be sent it by mcol

 

but im just confused should i call them back and tell them i know the application has been rejected and speak to whom you recommend and ask him for the extension of time now ?

 

alsoooooooooo - with reply to your earlier points, im looking for default and anything else, and ive a feeling this might be an online application but not sure, gosh this aint looking good is it now im in a bit of a panic now - but appears they dont have the info to hand as they did tell me would need to request it from original creditor - why dont they have the info when they put these claims in????

 

cheers angel x

Edited November 15, 2010 by angel_1

[pt2537]

Ok

 

A letter FAXED to Northampton CCBC urgently,

 

Dear Sirs

 

I write further to discussions with the Claimant in this action.

 

Pursuant to CPR 15.5 there has been an agreement for a further days to allow for the Claimant to provide disclosures to the Defendant to allow for a Defence to be formulated.

 

The original deadline for the Defence to be filed was 4pm 2010 , therefore the new deadline will be 4pm on 2010.

 

Please ensure that no judgment be entered before this revised date.

 

Regards

 

 

Only send if the facts are correct and you do indeed have an agreed extension

[pt2537]

The direct fax number for the section is 0845 408 5306

[pt2537]

or

 

[email protected]

[angel_1]

okay pt, got the fax from when i rang the court so will try again and get a verbal agreement let you know in a bit cheers angel x

[angel_1]

hiya pt

 

well no actual date could be given to me as they are reliant on when the information will be provided to them and then sent to me and they will give at least another 7 days after i rec the info to file my defense, the court has been made aware of this that the case is on hold therefore im happy to do that letter to the court to put my paperwork in order too, but i will have to tweek it i suppose to include what was factually said to me,

 

what you reckon cheers angel x

[angel_1]

Hiya all , have i tweeked what my letter to the court would contain so it shows the full facts only cheers angel x

 

 

thanks for all your input today much appreciated

will look in later angel x

Edited November 15, 2010 by angel_1

[angel_1]

hiya update

 

faxed my letter to the court so now await for the documents, but hey guys HUGE thanks, ive learnt so much from everyone today,

 

it also proved to me that claims are sent to the bulk courts even without the claimant having the documents to support their POC,,, whilst ive read this perhaps before until today it never really sunk in

 

so another thing having read up on the CPR rules and what it means, of course its there to be used correctly for exactly the reason above, cheers,

 

off to do a donation to cag for the wonderful support ive so far had from you all - and i really am going to research a bit more and buy a couple of books that have been mentioned by you pt2537 on other threads, today was a great learning curve which i feel quite tired from but happy to see how things actually can progress correctly.

 

catch up with you later off to have a very late lunch cheers angel x8-)

[angel_1]

hiya all good evening

 

what a corker of a day phewwwwwww

 

anyway now ive had something to eat and drink, would it be wise of me to also send the letter mentioned requesting for specific information ie could i not ask for copy statements of the account from day one and anything else you can think of being useful, something regarding cpr section 18 - will be back in 5 mins after ive read back my thread

[angel_1]

hiya all

 

sorry didnt manage to get back but will look further at the threads regarding cpr 18 again, catch up later angel x

[angel_1]

hiya all oh dear

what have i done wrong, info from court that link got judgement and ive been asked to complete n244 form for a set aside application

pls help

 

just off to the hospital as other half not well, be back later hopefully, hope you can help as i cant think straight now sorry

 

laters angel x

Edited November 20, 2010 by angel_1

[pt2537]

because you didnt follow the rules Angel, im sorry to say

 

7 days is what the claimant has to comply with a CPR 31.14 request, it is outlined clearly here http://www.justice.gov.uk/civil/procrules_fin/contents/parts/part31.htm#IDALBPVB CPR 31.15 © is what you need to read

 

So,

 

If the party does not comply within 7 days on day number 8 you get on the phone and tell them, whats going on, why havent you complied and when are you going to comply. And btw i want an extension pursuant to CPR 15.5 and if you dont agree then my application will hit the court in the morning.

 

And if you get to 14 days after issue and they arent playing then you slap the application in to the court

 

you cannot depart from this

[angel_1]

hiya pt,

 

i cant believe that after speaking with them they assured me that they told the court they had agreed to the extension of time with me but were unable to tell me a date as they were having to write to mbna to get the documents - are you telling me now that i still should have done the n244 even on my last day of defense and ignored what they told me about the extension?

 

Can I not inform the court that it was my conversations with them with their verbal agreement to an extension of time that i did not do the n244? or will i be laughed out of court because i believed the claimant?

 

i did the letter to the court as explained to me so that hasnt helped me then?

 

this could not have not at such a wrong time for me - so is its still a waste of time paying the 75.00 pounds and doing the n244 then?

 

appreciate your options if there are any and what can i go if i end up having to pay this now as cant pay in full the amount requested so what can i offer or is it possible for a tomlin order id read about some time ago

 

 

thank you

 

cheers angelx

[pt2537]

Angel,

 

There is no substitute for proper legal advice, i must point that out.

 

However, if you wish to go it alone then the help is on here, i have done threads on CPR 31.14, on what to do when being sued and set out the time frames you must adhere to,

 

The court may well have been wrong to allow judgment if your letter was received before 4pm on the day that the letter was received, however, judgment has been entered and that is something that you now need to deal with.

 

I would say it is easy but i am not the one doing it, and furthermore, you should recover the costs if you word your order correctly and include a request for costs within the draft order.

 

Errors do happen, but its how you put the errors right that matters.

 

The same thing has happened to me with clients before,so its not unheard of, but it has been relatively easy for me to put right as granting judgment is not in accordance with the overriding objective.

 

you need to apply to get this lifted for sure, or you will be stuck with the judgment

[pt2537]

Also

 

i would say that, you set the time not them., you ask for an extension, and they have to comply, so agree 28days

 

and if they then cannot provide disclosure then you APPLY end of discussion

 

A party is obliged to disclose , and if htey have founded proceedings on documents they do not have then they are commiting an abuse of process. There is tons of case law, Expandable v Rubin, Nomura v Granada, to name two

 

You need to be more litigation savvy if you are gonna fight this yourself, i dont mean to be harsh but you cant sit on your laurels as things like this happen when you do

 

you need to be firm, hard and fast and use the rules in your favour. If you cant then you need to consider what you are going to do in the later stages of this case.

 

I can only refer you back to Beachccombers case, he got out of his depth against Link very quick