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CCJ Papers received from Black Horse - Help!

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NDL strike again

dont exactly like that advise .

 

??

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The advice received from National Debtline is to "admit" and give full I and E details in order to propose an instalment.

They said that Black Horse would accept this. However, I am, from reading a few forums now, a little sceptical about this.

 

in the first post, the op was wondering if a ccj 'would' be granted.

to admit at that stage would not be a good idea imho.

 

dx


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, the whole DCA industry would collapse overnight.

 

 

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As per the two posts above, I'd like to say that, whilst some valuable advice was given during my chat with NDL, and whilst some interesting paperwork was also sent to me, they DID advise to admit the debt and DID advise that BH would DEFINATELY accept our offer of payment.

 

On the face of it, ok. However, as it turns out, we are unable to ascertain how much we actually owe them, whether the charges they have levied are lawfull and it looks as if we have also been treated unfairly. If the latter proves to be the case then we are prepared to take this as far as it goes and to only agree to make instalment payments on the sum we actually owe.

 

I am preparing the complaint and SAR this evening and will update as appropriate.

 

I was very impressed with the calm handling of my call to NDL. I was really shaken up by the Court Claim paperwork and, suffering from long term, life threatening ill health as I do, I needed someone to calm me down and to give straightforward advice at that moment.

 

I will also say that having had a good hard look at the situation as a whole, the NDL advice re other debts and a payment plan have helped us to take the bull by the horns as it were and we're no longer losing sleep over our finances. I have decided though, that I can self manage a DMP, so that's the intention for now!

 

:-)


2007 Issues ALL RESOLVED

2008 Issues ALL RESOLVED

£4,200 in charges claimed back succesfully from a total of 5 Creditors

2009 Issues ALL RESOLVED

NEXT Directory - No Agreement, No Further Action **WON**

2010 Issues

Court Claim from Black Horse - AOS 22.11.10, CPR 23.11.10

Assisting Daughter with Employment Tribunal for Wrongful Dismissal/Discrimination

 

:) My Head is officially out of the Sand :)

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The advice received from National Debtline is to "admit" and give full I and E details in order to propose an instalment.

They said that Black Horse would accept this. However, I am, from reading a few forums now, a little sceptical about this.

 

 

Yup, you're right. They should not be advising that at all!

 

How do they know what a judge will decide, they could make a forthwith order afterall, that's interesting to know.

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Have found S140 of the CCA - interesting reading! Have Bookmarked it so I can absorb it a little more.

 

The OFTs stance on Unfair Practises is equally interesting. Thanks so much for the heads up on this one gh!

 

I'm just compiling the SAR and will get that in the post tomorrow. Also looking up Complaints Procedure for Lloyds Group, which I will deal with in a seperate letter.

 

Just checked the paperwork I have - Yes, the LBA is definately the same date as the Court Claim. And yes, the DCA (Nationwide Collection Services did request the whole balance in their threatograms of 8th September, and 23rd September.

 

Interestingly too, but not sure if it's important, we haven't received anything from BH to state that they have cancelled or terminated the agreement. The figure requested by the DCA is £226 less than BH demanded in their LBA, but I cannot see how, as the monthly payment was £274 - definately need to see a statement, along with the Agreement.

 

I'll keep reading and update you all accordingly.

 

BTW keep a close eye on dates.

 

Part of the CPR request was asking for them to agree to an extension of your Defence submission.

As the CPR deadline for compliance looms near you will need to contact SCM to seek agreement to the defence extension, 99% they will agree - if not you will have to make an application to Court (who will be less than impressed by SCM)

If they do fully comply within time - accompanied by levitating pigs - then again they should also agree to a 14 day extension to the defence

 

DO NOT miss the defence deadline, by that date there needs to be either 1) agreement to delay or 2) an application in


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Thank gh, but I'm a bit confused......

 

CPR was posted RD today. Presumably I check the Royal Mail track and trace and count 7 days from when they sign it? (is it 7 calendar days or 7 working days?) If they don't respond within 7 days what do I need to do?

 

You are right that the CPR requested an extension to the defence submission. What do I do if they don't respond to that or don't agree to it?

 

Perhaps I am gettin ahead of myself, sorry, but your expression "levitating pigs" and the fact that they have hardly played fair so far doesn't give me much hope of them responding in a timely fashion or agreeing to an extension. It would be useful (if only for my peace of mind) to know what happens next. Then perhaps I can draft what I will need in the event that they just ignore me!

 

How do I know when the defence deadline is, so that I don't miss it? (Sorry if I'm being thick!)

 

:|


2007 Issues ALL RESOLVED

2008 Issues ALL RESOLVED

£4,200 in charges claimed back succesfully from a total of 5 Creditors

2009 Issues ALL RESOLVED

NEXT Directory - No Agreement, No Further Action **WON**

2010 Issues

Court Claim from Black Horse - AOS 22.11.10, CPR 23.11.10

Assisting Daughter with Employment Tribunal for Wrongful Dismissal/Discrimination

 

:) My Head is officially out of the Sand :)

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Can you please let us know the date the claim was issued. You have a specific time table to stick to otherwise a CCJ will be given in default.

 

The time scales are :

 

Date of issue of claim (you will find this on the top right hand side of the claim form)

 

From date of issue of claim you + 5 days for receipt. You then + 14 days to acknowledge the claim and advise if you are going to defend or admit.

 

If you are going to defend then you click the button or tick the box for a further 14 days.

 

So, 33 days from issue date on N1.

 

Most likely scenario is that you will here nothing in the 7 days (allow 7 working days AFTER receipt). So, you ring them (or write) asking whether they have received your request - then ask when will they comply with it and will they agree to the extension.

Most likely they will tell you that they have requested the info from the OC and they will agree. Then you just write to teh Court informing them of the situation ccing the letter to SCM.

 

They *may* say the request is not appropriate or disproportionate or even that disclosure comes later - all those responses are trying to put you off. If you get one of those you will need to make an application to Court on an N244 - it will cost £40 and you will ask for them to order SCM's compliance. We can help with the form and wording if it comes to that.

 

Those are the two most common scenarios.

 

TBH you're doing everything right, so just carry on, you are back in control now.


If you find my advice helpful - please click on my scales

<<<<<< - they're over there!

Well, it's a funny black star now ...

The small print - any advice I give is freely given on the understanding that I am a layman and am not legally qualified in anyway.

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Thanks gh, I have to admit I DO feel like I am back in control. As always the CAG to the rescue!

 

Thanks for explaining. I shall sit and wait in great anticipation for their response to the CPR and will post with any updates in the meantime, or when the response does/doesn't appear.

 

Meanwhile the SAR is ready to go tomorrow to Lloyds Group as is a letter requesting their Complaints Procedure. I will then start composing a complaint letter.

 

Many thanks! :-)


2007 Issues ALL RESOLVED

2008 Issues ALL RESOLVED

£4,200 in charges claimed back succesfully from a total of 5 Creditors

2009 Issues ALL RESOLVED

NEXT Directory - No Agreement, No Further Action **WON**

2010 Issues

Court Claim from Black Horse - AOS 22.11.10, CPR 23.11.10

Assisting Daughter with Employment Tribunal for Wrongful Dismissal/Discrimination

 

:) My Head is officially out of the Sand :)

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Just a little update.

 

CPR letter signed for by Black Horse today. Track and Trace screenshot saved.

 

So, 7 days to see if they comply........8-)


2007 Issues ALL RESOLVED

2008 Issues ALL RESOLVED

£4,200 in charges claimed back succesfully from a total of 5 Creditors

2009 Issues ALL RESOLVED

NEXT Directory - No Agreement, No Further Action **WON**

2010 Issues

Court Claim from Black Horse - AOS 22.11.10, CPR 23.11.10

Assisting Daughter with Employment Tribunal for Wrongful Dismissal/Discrimination

 

:) My Head is officially out of the Sand :)

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Sorry if I am being a little paranoid (not like me, but I am still worried by all this)

 

Can someone please just put my mind at rest?

 

Court Claim was dated 11.11 (received 15.11) and acknowledged Online on 22.11

 

CPR was signed for by Claimant's Solicitors today. However, checking my CPR letter I can't find anywhere where I have asked for an extension of time to file a defense. Should I have?

 

BTW keep a close eye on dates.

 

Part of the CPR request was asking for them to agree to an extension of your Defence submission.

As the CPR deadline for compliance looms near you will need to contact SCM to seek agreement to the defence extension, 99% they will agree - if not you will have to make an application to Court (who will be less than impressed by SCM)

If they do fully comply within time - accompanied by levitating pigs - then again they should also agree to a 14 day extension to the defence

 

DO NOT miss the defence deadline, by that date there needs to be either 1) agreement to delay or 2) an application in

 

I am confused as to when the deadline for defence is exactly, as it stands now?

How do I get an extension?

Will I still be in time if the Solicitors do (by some miracle) respond to the CPR in time?

 

I am really really sorry. I am feeling so much better about all this, but it's nagging away at me as I know I have to keep a really careful eye on timescales. It's just completely new to me and I am still trying to get my head around it all!

 

Am I right in thinking that my deadline for defence is 13th December? and if so is there a way I can check this to be certain!?

 

:???:


2007 Issues ALL RESOLVED

2008 Issues ALL RESOLVED

£4,200 in charges claimed back succesfully from a total of 5 Creditors

2009 Issues ALL RESOLVED

NEXT Directory - No Agreement, No Further Action **WON**

2010 Issues

Court Claim from Black Horse - AOS 22.11.10, CPR 23.11.10

Assisting Daughter with Employment Tribunal for Wrongful Dismissal/Discrimination

 

:) My Head is officially out of the Sand :)

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Seriously - chill .......

 

I know easy said than done :D

 

10th December (12th is a Sunday) - if you want to check then head on over here http://www.justice.gov.uk/civil/procrules_fin/menus/rules.htm and read 15.4 - actually while you are there have a read of anything that looks useful - and that's most of it - but do it in chunks :lol:

 

If it wasn't in the letter then don't worry, it's also in CPR 15.5. The idea is that you have at least 14 days to properly assess the claim and then 14 days to contruct your argument.

 

Well if they have not sent the info you cannot start so they will agree to an extension.

If they don't you can apply to Court for one (although I would apply to have their case Struck Out instead - but we'll come to that if the time comes)

 

Relax, the wheels of litigation turn very slowly ........


If you find my advice helpful - please click on my scales

<<<<<< - they're over there!

Well, it's a funny black star now ...

The small print - any advice I give is freely given on the understanding that I am a layman and am not legally qualified in anyway.

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Seriously gh2008 Thank You!

 

I will sleep easier tonight. Suddenly had a bit of a panic attack over this, but I'm seriously grateful to you for easing my mind. Ok, going to have that good night's sleep.

 

CPR has been received. SAR went today (to Lloyds Group, as advised) and a request for the Complaints Procedure.

 

I shall await the postman (if he can get here through the foot of snow outside!) :roll:


2007 Issues ALL RESOLVED

2008 Issues ALL RESOLVED

£4,200 in charges claimed back succesfully from a total of 5 Creditors

2009 Issues ALL RESOLVED

NEXT Directory - No Agreement, No Further Action **WON**

2010 Issues

Court Claim from Black Horse - AOS 22.11.10, CPR 23.11.10

Assisting Daughter with Employment Tribunal for Wrongful Dismissal/Discrimination

 

:) My Head is officially out of the Sand :)

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No problem :D

 

Send some snow down here ...... I love it, so do the dogs :lol:


If you find my advice helpful - please click on my scales

<<<<<< - they're over there!

Well, it's a funny black star now ...

The small print - any advice I give is freely given on the understanding that I am a layman and am not legally qualified in anyway.

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Presumably you are further South than us, but it's really lovely here. The cats hate it, but the humans love it. Had a couple of lovely bracing walks and it looks so pretty. Makes you feel better doesn't it?! :-)


2007 Issues ALL RESOLVED

2008 Issues ALL RESOLVED

£4,200 in charges claimed back succesfully from a total of 5 Creditors

2009 Issues ALL RESOLVED

NEXT Directory - No Agreement, No Further Action **WON**

2010 Issues

Court Claim from Black Horse - AOS 22.11.10, CPR 23.11.10

Assisting Daughter with Employment Tribunal for Wrongful Dismissal/Discrimination

 

:) My Head is officially out of the Sand :)

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in Sussex

 

Just **kin cold down here - frost hasn't gone from last night in the shady bits.

 

Yes, getting out there you do realise there is more to life than money troubles ..... :D


If you find my advice helpful - please click on my scales

<<<<<< - they're over there!

Well, it's a funny black star now ...

The small print - any advice I give is freely given on the understanding that I am a layman and am not legally qualified in anyway.

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Update Time - if you can call it that.

 

Since my last post we have had feet and feet of snow and therefore no post whatsoever since last Friday (26th November).

 

Consequently, even if BH's lawyers have responded, we haven't had it. (They signed for the CPR on 25th) So, by my reckoning their 7 days is up. SO what should we do now?

 

If we only have until next weekend to put in a defence then I obviously need to work on it, if they have replied. However I don't know that they have!

 

HELP!!


2007 Issues ALL RESOLVED

2008 Issues ALL RESOLVED

£4,200 in charges claimed back succesfully from a total of 5 Creditors

2009 Issues ALL RESOLVED

NEXT Directory - No Agreement, No Further Action **WON**

2010 Issues

Court Claim from Black Horse - AOS 22.11.10, CPR 23.11.10

Assisting Daughter with Employment Tribunal for Wrongful Dismissal/Discrimination

 

:) My Head is officially out of the Sand :)

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Telephone the solicitors named on the Claim form. Advise them that you have not received a response to your CPR requests.. Advise them that in the circumstances, you are requesting that they agree to an extension of time as per CPR15.5

 

 

 

“Agreement extending the period for filing a defence

15.5

 

http://www.justice.gov.uk/civil/procrules_fin/contents/parts/part15.htm#IDAUXNTB

 

(1) The defendant and the claimant may agree that the period for filing a defence specified in rule 15.4 shall be extended by up to 28 days.

(2) Where the defendant and the claimant agree to extend the period for filing a defence, the defendant must notify the court in writing.”

 

Ask them for a specific date by when they will be able to produce the information and get them to agree to a date - 28 days from when you phone. Get the name of the person you are speaking to.

 

If they agree, back up the telephone conversation with a letter confirming that they have agreed and the new date for filing your defence.

 

Then write to the Court manager - I am assuming this is still at Northampton ?, advise the Court Manager, what has happened and that a new date has been agreed. That you are informing the court as is required by CPR15.5. Send it either Recorded or Special Delivery.. or you can phone the court and ask if you can email it to them.

 

If they dont agree, then again, back up the conversation with letters to both the solicitor and the court. You can if you wish then make an application to the court on form N244 for an extension of time under the same rules.

 

Read PTs thread..

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?255329-CPR-part-18-vs-CPR-31.14-Confused-well-read-here

 

and

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?283443-Embarrased-Defences-and-the-problems-with-them.

 

HTH

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Telephone the solicitors named on the Claim form. Advise them that you have not received a response to your CPR requests.. Advise them that in the circumstances, you are requesting that they agree to an extension of time as per CPR15.5

 

 

 

Ask them for a specific date by when they will be able to produce the information and get them to agree to a date - 28 days from when you phone. Get the name of the person you are speaking to.

 

If they agree, back up the telephone conversation with a letter confirming that they have agreed and the new date for filing your defence.

 

Then write to the Court manager - I am assuming this is still at Northampton ?, advise the Court Manager, what has happened and that a new date has been agreed. That you are informing the court as is required by CPR15.5. Send it either Recorded or Special Delivery.. or you can phone the court and ask if you can email it to them.

 

If they dont agree, then again, back up the conversation with letters to both the solicitor and the court. You can if you wish then make an application to the court on form N244 for an extension of time under the same rules.

 

Read PTs thread..

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?255329-CPR-part-18-vs-CPR-31.14-Confused-well-read-here

 

and

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?283443-Embarrased-Defences-and-the-problems-with-them.

 

HTH

 

Totally agree except that if they don't agree then you would IMHO make an app for an 'Unless Order' for disclosure and/or Strike Out rather than for an extension.


If you find my advice helpful - please click on my scales

<<<<<< - they're over there!

Well, it's a funny black star now ...

The small print - any advice I give is freely given on the understanding that I am a layman and am not legally qualified in anyway.

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Thank you. Still nothing from them, but did receive some post yesterday! (First for a good while)

 

I will get on to the Solicitors now and update you shortly.


2007 Issues ALL RESOLVED

2008 Issues ALL RESOLVED

£4,200 in charges claimed back succesfully from a total of 5 Creditors

2009 Issues ALL RESOLVED

NEXT Directory - No Agreement, No Further Action **WON**

2010 Issues

Court Claim from Black Horse - AOS 22.11.10, CPR 23.11.10

Assisting Daughter with Employment Tribunal for Wrongful Dismissal/Discrimination

 

:) My Head is officially out of the Sand :)

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Oh Dear.....

 

I rang the number on the Claim Form - constantly engaged.

Rang SCM Head Office - gave me Barnet's number

Rang Barnet - gave me Cardiff's number - constantly engaged.

They are now supposedly going to get someone to call me back.

 

Waiting game now then. Very concerned that time is marching on. :???:


2007 Issues ALL RESOLVED

2008 Issues ALL RESOLVED

£4,200 in charges claimed back succesfully from a total of 5 Creditors

2009 Issues ALL RESOLVED

NEXT Directory - No Agreement, No Further Action **WON**

2010 Issues

Court Claim from Black Horse - AOS 22.11.10, CPR 23.11.10

Assisting Daughter with Employment Tribunal for Wrongful Dismissal/Discrimination

 

:) My Head is officially out of the Sand :)

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Phew!

 

I was called by the solicitor dealing with this case. She says that she responded on "around 1/2 December" but that, as she is in Edinburgh, it's like the post is all being delayed.

 

Given that post is problematic and can be delayed at this time of year anyway, she is prepared to agree to an extension of time for 28days from today and specified the 6th January 2011, which I confirmed with her.

 

I will now ring Northampton and ask if I can notify them by email. I will then write and send Recorded Delivery (Special Delivery has been suspended up here because of the weather) and send a copy to her as well. She has given me her Edinburgh address to send this to.

 

Did I do ok? :???: Very nervous, but aware that this has given us a little breathing space! :roll:


2007 Issues ALL RESOLVED

2008 Issues ALL RESOLVED

£4,200 in charges claimed back succesfully from a total of 5 Creditors

2009 Issues ALL RESOLVED

NEXT Directory - No Agreement, No Further Action **WON**

2010 Issues

Court Claim from Black Horse - AOS 22.11.10, CPR 23.11.10

Assisting Daughter with Employment Tribunal for Wrongful Dismissal/Discrimination

 

:) My Head is officially out of the Sand :)

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Yes, that's all fine :)

 

They should always show that they are doing the most to be fair ......

Most of the time, the individual people are fine and are just doing their job.

 

If after 14 days you have still not received anything, then get onto them again as you need 14 clear days after receiving the info to consider your defence etc.

Keep at them - you need to be proactive at this point and keep them to YOUR timescales. If they don't you need to take firm decisive action.

 

Good luck :D


If you find my advice helpful - please click on my scales

<<<<<< - they're over there!

Well, it's a funny black star now ...

The small print - any advice I give is freely given on the understanding that I am a layman and am not legally qualified in anyway.

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Thank You!

 

I have now just spoken to Northampton. They have given me an email address to confirm all this to. I will then back it up in writing too, just to be on the safe side.

 

I will chase SCM in another week if I still haven't had a reply. She did seem pleasant enough and seemed to want to be helpful, so I suppose that's something!

 

I will keep you updated. Thanks again for all your help. I am keeping a careful eye on the calendar! :-)


2007 Issues ALL RESOLVED

2008 Issues ALL RESOLVED

£4,200 in charges claimed back succesfully from a total of 5 Creditors

2009 Issues ALL RESOLVED

NEXT Directory - No Agreement, No Further Action **WON**

2010 Issues

Court Claim from Black Horse - AOS 22.11.10, CPR 23.11.10

Assisting Daughter with Employment Tribunal for Wrongful Dismissal/Discrimination

 

:) My Head is officially out of the Sand :)

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