CCJ from Link Re debt with MBNA - No CPR available, Link say!!

[squash72]

Evening,

 

Hope you are all ok?

 

Looking for advice from someone, anyone really!!!

 

I rec'd a CCJ claim in the post from Link Financial relating to a an MBNA credit card - although under Abbey (Santander) - The card was taking out over 9 years ago - I stopped paying the minimum payment amount approx 2003, though change of my circumstances etc etc

I paid what I could over the years and the balance was £6,190 with interest frozen!!

 

The CCJ claim is for £6,190 plus interest of £1,258 from Jan 08 to Oct 2010 and a then daily rate of £1.62.

 

I wrote to Link requesting docs - and rec'd a letter stating they are unable to provide them!!!

 

The letter stated the following - Not quite sure what I am to do now?

 

Sorry and thank you so much for taking the time to read!!!

 

Squashy

 

"We write further to your recent letter identifying itself as a CPR 31.14 request, and requiring sight of a number of documents up front (failing which an

application will be sought)

This is a claim raised via the Bulk Centre located at Northampton County Court. As the proceedings are raised via electronic tape, there is no

requirement for the claim form to be accompanied by documents as confirmed

at paragraph 3a of Practise Direction 7c. With the Courts seeking to promote

the use of their MCOL systems and centralised Court processes.

Moving away from the issue of the method in which ihe claim was raised and

served, to your request under CPR 31.14, with respect a request for a

photocopy of a document mentioned in our particulars would not fall within

this rule and so an application as indicated would be inappropriate and

opposed accordingly.

That is not to say that if you require sight of a document to be able to file your

initial defence (the agreement for example), that we intend to use the above to

our advantage - indeed we are fully aware of the Court's pre-action

expectations and that they would require a Claimant to make available certain

documents. lt is simply the case that you cannot impose the strict time limits

that you seek to.

Therefore, we are quite prepared to agree an extension to the time for filing a

defence as required, and we have requested from the creditor/assignor copies

of the documents you require to file your defence. The fact that we are

agreeable to an extension in the time for filing a defence, we trust that no

applicatlon will be made."

[Jasper1965]

Jokers!!!!

 

They've issued proceedings without any documentation.

 

They have seven days to comply with a CPR 31.14 request as per 31.15.

 

Using MCOL doesn't absolve them from having to produce these documents, be sure to emphasise when notifying the Court of any agreed extension that the claimant is having to refer to a third party for the documentation upon which they've based this claim.

[angry cat]

In short, they have agreed to an extension under CPR 15.5:

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

 

However, until such time that you are provided with the documents that relate to the claim, you are unable to submit your defence.

 

Write back, thanking them for agreeing to the extension and ask again for the documents that their case relies upon.

[squash72]

Help again please!!!

 

I sent the letter but have since rec'd Judgment for Claimant telling me to pay the whole amount?

 

Should I just complete the claim form and send it? - I do not want people coming to the house - I need my car for work - and do not have anything of such worth!

 

Thank you for your time and advice!!

 

Squashy

[pt2537]

Help again please!!!

 

I sent the letter but have since rec'd Judgment for Claimant telling me to pay the whole amount?

 

Should I just complete the claim form and send it? - I do not want people coming to the house - I need my car for work - and do not have anything of such worth!

 

Thank you for your time and advice!!

 

Squashy

 

Im sorry, but did you write to the court and advise it of the agreement with the Claimant for an extension of time and confirm with the Court that this letter had been recieved by them?

 

it is clearly within the rules that you must do that when there is an agreement to extend time frames.

 

I also allude to this in my threads on CPR 31.14 and also on the thread for Embarrassed defences.

 

If the Claimant agreed an extension of time and then went back on it then you have grounds to set aside the judgment, but you MUST act fast, delay can lead to the Court refusing to set aside the judgment.

 

You should apply on an N244 which can be located on the http://www.hmcourts-service.gov.uk website you will need to get this application sorted out asap

 

you may speak to the Claimant and say to them that they had sought judgment, when they had agreed to extend time frames for disclosure and therefore would they consent to setting aside. this would make your life easier as a consent order would be approved without problem id suggest.

 

You need to get onto this asap,

[AndyOrch]

Hi Squash

 

You did acknowledge service of the summons didnt you via MCOL?

 

Regards

 

Andy

[squash72]

Yes, I did it online, and asked for an extension - while I waited for a response from Link - who then advised me of the above!! - but this was in November!!!

 

Thanks andyorch - for your time

[pt2537]

in fact, ive just re read the letter, you have perfect evidence there, they agreed to an extension of time, to allow disclosure so you can file the defence, so you have them by the nads

 

Speak to Stephen Southwood evans at Link, he is one of the litigation managers

 

Tell him that you had an agreement and they have gone back on it and applied for judgment, therefore you require them to consent to setting aside judgment and if not you will be applying on notice and seeking costs of the same.

 

That should focus their attention on the matter in hand.

 

you should consider drafting up a consent order, if you google consent orders you may find some help

[diddydicky]

is that the way i should go with restons? before a formal set aside application?

 

if a judgement is set aside- do the costs get set aside with it?