Brian Carter/Arrow Global county court Summons - old MBNA C/card

[eggy12]

ok thanks for that i got it..

Deadline is Tuesday so i have to get to Northampton court

(Im in the area so no problem) with letter stating "They" want an extension

so i can file my defence or the likes..

 

 

Could i just pop in the court and show them the letter from Carters asking for it

and agree or do i need to specify on paper ?

 

 

Suppose in writing is best i guess ?

[Guest]

in writing eggy! saying that an 28 day defence deadline extension has been agreed! attach a copy of their letter agreeing to the extension.

imo

[eggy12]

Ok thanks Ford will do it and drop it in Northants Court on Monday

 

Is there some kind of letter template for telling the court an extension has been agreed and want to apply for extra 28 days.. Im a bit confused as to what to write ?

 

Eggy12

 

Will this be adequate ?

 

 

Claim No. *******

Arrow Global v eggy12

 

To the Court Manager

It has been agreed by the Claimant and Defendant that a 28 day extension of time(CPR15.5)is needed to file a Defence.

A copy of the letter from the Claimant is attached confirming this.

 

Yours faithfully

 

eggy12

[Guest]

that looks ok imo.

 

or?;

 

 

Will this be adequate ?

 

 

Claim No. *******

Arrow Global v eggy12

 

To the Court Manager

It has been agreed by the Claimant and Defendant that the period for filing a defence has been extended up to 28 days (CPR15.5).

A copy of the letter from the Claimant is attached confirming this.

 

Yours faithfully

 

eggy12

 

imo

[eggy12]

ok thanks Ford.. Finishing work early tomorrow and dropping it Northampton court by hand... Dont want to risk Mr postman "losing" it and i suppose i can get a receipt also

 

Will repost as and when i get required documents, again thanks for your time Ford

 

Eggy12

[eggy12]

oh well that did not go as planned..

 

 

Took it in but they say i need a date from BC and agreement on extra time,

 

 

all the letter says is that they will need 28 days NOT they agree to 28 days extra !

 

 

As soon as she said that i remembered PT's post and thought bugger !

 

 

on the up side i have till 30th of this month not tomorrow

 

 

so drafting a letter to BC asking for agreement on extension and what date and by 4pm on that date

 

Eggy12

[Guest]

hi eggy

? had thought you had a letter from them agreeing to the extension!?

yes of course, '.............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. ...........and you must state the new date for filing my defence.'

in the link posted #5.

Edited May 23, 2011 by Ford
typo

[eggy12]

yes indeed Ford.. My fault for jumping the gun a bit.. !

 

Good job i have till the 30th to get the written agreement and then pop back to the court to file it...

 

Will post back in a few minutes with letter to BC and if your still around would like your opinion on it. Just a few more sentences to write then will post

 

Egg12

[eggy12]

/05/2011

Your Ref.

 

Claim No.

Arrow Global v Eggy12

Thank you for your letter dated ** May 2011 regarding your request for a further 28 day extension to obtain the requested documents you refer to in your claim against myself.

I agree to a 28 day extension so I can therefore prepare an adequate defence after you have, by return post, agreed to a final date for extension no longer than 28 days from the ** May 2011, the dead line being 4pm on that day for me to file a defence upon receiving all documentation regarding your suggested agreement and account information you refer to on the claim form in adequate time.

I would hope for yourselves to give this matter the upmost importance.

I look forward to your swift reply in agreeing to the extension and time dead line as mentioned above.

 

 

Yours faithfully

 

Eggy12

[Guest]

/05/2011

Your Ref.

 

Claim No.

Arrow Global v Eggy12

 

URGENT

 

Thank you for your letter dated ** May 2011 requesting more time to comply with my request under CPR 31.14 as per my letter dated xxx.

 

It was requested in my letter that if you require more time, you would then agree in writing to an extension of the time for me to file a defence. You have not done this.

 

You stated in your letter dated xxx that you would require 28 days to comply with my request. However, it is noted that under CPR 15.5 the period for filing a defence can be extended by up to 28 days only. Therefore, given your resources, it is not unreasonable to request that you comply with my request under CPR 31.14 within the next 14/21? days, and that in the circumstances you agree in writing to an extension for me to file a defence by xxxx (insert date, being no later than 28 days from the original deadline).

 

I would hope for yourselves to give this matter the utmost importance.

 

I look forward to your immediate written replyagreeing to the extension and time dead line as mentioned above.

 

 

Yours faithfully

 

Eggy12

 

just a draft for now, edit to suit! what do you, or anyone else, think?

 

imo

Edited May 23, 2011 by Ford
typo

[eggy12]

Do you know Ford.. I pretty much like that... Editing to suit

 

URGENT

 

Thank you for your letter dated ** May 2011 requesting more time to comply with my request under CPR 31.14 as per my letter dated ** May 2011

 

It was requested in my letter that if you require more time, you would then agree in writing to an extension of the time for me to file a defence. You have not done this.

 

You stated in your letter dated 19th May 2011 that you require 28 days to comply with my request

.

However, it is noted that under CPR 15.5 the period for filing a defence can be extended by up to 28 days.

 

 

Therefore, given your resources, it is not unreasonable to request that you comply with my request under CPR 31.14 within the next 14 dayss(I so want to put 7 ) , and that in the circumstances you agree in writing to an extension for me to file a defence by 4pm **th June 2011.

 

I would hope for yourselves to give this matter the utmost importance.

 

I look forward to your immediate written reply agreeing to the extension and time dead line as mentioned above.

 

Yours faithfully

 

eggy12

[Guest]

URGENT

 

Thank you for your letter dated ** May 2011 requesting more time to comply with my request under CPR 31.14 as per my letter dated ** May 2011

 

It was requested in my letter that if you require more time, you would then agree in writing to an extension of the time for me to file a defence. You have not done this.

 

You stated in your letter dated 19th May 2011 that you require 28 days to comply with my request. However, it is noted that under CPR 15.5 the period for filing a defence can be extended by up to 28 days only. Therefore, given your resources, it is not unreasonable to request that you comply with my request under CPR 31.14 within the next 14 dayss(I so want to put 7 ) up to you , and that in the circumstances you agree in writing to an extension for me to file a defence by 4pm **th June 2011.

 

I would hope that you give this matter the utmost importance.

 

I look forward to your immediate written reply agreeing to the extension and time dead line as mentioned above.

 

 

Yours faithfully

 

eggy12

 

looks ok imo! are you happy with it?

Edited May 24, 2011 by Ford
typo

[eggy12]

A claimant who discontinues a claim needs the permission of the court to make another claim against the same defendant if –

(a) he discontinued the claim after the defendant filed a defence; and

 

(b) the other claim arises out of facts which are the same or substantially the same as those relating to the discontinued claim.

 

 

OK I understand that.. But if the defendant did NOT file a defence and then they discontinued does this leave it open to them making another claim ?

 

Eggy 12

[postggj]

DefenCe needs to be exchanged

[eggy12]

I take it that i have to do it on Friday instead by 4pm ?

 

Ive only just realised Monday is a Bank holiday

 

Eggy12

[Ganymede]

Get in in tomorrow (Friday) then...

[eggy12]

Ok I need to put in a defence tomorrow as Carter has not agreed to letter i sent asking for time extension agreement, it "may" arrive tomorrow but no good for me as i will be at work and defence needs to be in tomorrow by 4pm as its a bank holiday on Monday when the time is up..

 

I dont have the money for an order of discloser type letter giving them 14 days so will have to defend and see what happens..

 

Any ideas on what i can put in defence ?

 

Eggy12+

[Guest]

Ok I need to put in a defence tomorrow as Carter has not agreed to letter i sent asking for time extension agreement, it "may" arrive tomorrow ...............

 

Eggy12+

 

do you mean that you haven't had anything back from them so far?

 

could give them a quick call to check they received yr letter and have responded? if so, keep the call limited to your letter and their response to it only (ie don't discuss case, or make any admissions etc).

 

a defence can be done online. and if they haven't responded to your cpr then could consider a 'holding' type defence?

 

imo

 

ps

could give the court a quick call first and explain and double check when is the latest your defence can be submitted online?

imo

 

...., it "may" arrive tomorrow but no good for me as i will be at work and defence needs to be in tomorrow by 4pm as its a bank holiday on Monday when the time is up.........

 

?

 

Eggy12+

 

ok. so you're saying that even if they have posted something (maybe due to arrive tomorrow), you wouldnt get to see it until after 4 when back from work?

 

eggy

what's the background? do you have a background thread on this?

imo

[eggy12]

Hi Ford.. Yes back ground thread found here

http://www.consumeractiongroup.co.uk/forum/showthread.php?139362-Arrow-cbs-CCA-recieved&highlight=

 

Moved around from DCA to DCA then lands in the lap of Carter

 

here are the facts as of this claim from Carter

 

Letters and phone calls received, ignored all.

 

Claim against me issued on 27th April along with Carter letter saying they have done so.

 

Claim Status

A claim was issued against you on 27/04/2011

Your acknowledgment of service was submitted on 11/05/2011 at 20:18:22

Your acknowledgment of service was received on 12/05/2011

 

CPR 31.14 sent on 16th May. Received by next day at Carters 17th May checked online.

 

Carters then sent letter dated 19th May asking for a further 28 days in order to get said documents, I took this as an agreement ,I expected them wanting to extend the defence time limit so took this along with previous post letter to court where im told that this is not an agreement to a time and date extension so I send them your and i adapted letter stating URGENT response needed.

 

Sent on 24th May and received by them on25th May..

 

Nothing received back as yet

 

I expected to put, either an extension request or defence in by the 30th May but as the 30th May is a bank holiday that means i have only till tomorrow by 4pm to make up my mind !

 

 

a defence can be done online. and if they haven't responded to your cpr then could consider a 'holding' type defence?

 

imo

 

Thats what im thinking to do.. But have to do it tonight or early morning tommorrow

 

Holding defence

 

The Defendant is unable to plead due to the Claimants failure to comply with its CPR 31.14 duties in disclosing requested documents

 

The Claimant has failed to agree to an extension of time given by the Defendant to file a defence due to non compliance to CPR 31.14 duties

 

Eggy12

 

re reading yes Ford they have NOT replied as yet BUT NOT denied my request for extra time.. I would have put in a N244 request for discloser but given my time frame now and lack of funds i have no option but put in a holding defence... I do not expect them agreeing time extension by tomorrows post tomorrow, but in case they do i suppose thats to be dealt with if it happens

[citizenB]

Holding defence

 

The Defendant is unable to plead due to the Claimants failure to comply with its CPR 31.14 duties in disclosing requested documents

 

The Claimant has failed to agree to an extension of time given by the Defendant to file a defence due to non compliance to CPR 31.14 duties

 

Eggy12

 

What was the basis of their Particulars of claim ?

[eggy12]

Particulars of claim

 

The claimants claim is for the balance due under an agreement which is now all due and payable.

 

The defendant agreed to pay monthly instalments under account number ******* but has failed to do so.

 

And the claimant claims the sum of 5***.**

 

The claimant also claims interest thereon pursuant to S.69 county court act 1984 limited to one year to the date hereof at the rate of 8% per annum amounting to ***.**

 

Total amount 6***.**

[Guest]

re reading yes Ford they have NOT replied as yet BUT NOT denied my request for extra time.. I would have put in a N244 request for discloser but given my time frame now and lack of funds i have no option but put in a holding defence... I do not expect them agreeing time extension by tomorrows post tomorrow, but in case they do i suppose thats to be dealt with if it happens

 

given that you wouldn't get to see anything that arrives tomorrow until back from work after 4, then as you say to be safe put in a defence. imo.

 

Holding defence

 

The Defendant is unable to plead due to the Claimants failure to comply with its CPR 31.14 duties in disclosing requested documents

 

The Claimant has failed to agree to an extension of time given by the Defendant to file a defence due to non compliance to CPR 31.14 duties

 

Eggy12

 

short and to the point?

as you know, they'll prob just order them to comply with your 31.14.

could poss add a bit re permission to amend defence later (without incurring adverse costs) if required. (note CPR 17.1 (2) and Practice Direction 17)

see what citizenb thinks?

imo

Edited May 26, 2011 by Ford
typo

[eggy12]

Holding defence

 

The Defendant is unable to plead due to the Claimants failure to comply with its CPR 31.14 duties in disclosing requested documents

 

The Claimant has failed to agree to an extension of time given by the Defendant to file a defence due to non compliance to CPR 31.14 duties

 

The Defendant reserves the right to amend this defence and intends to make an application to the court for an order compelling disclosure.

 

I can do this but regard to non extra costs im a bit miffed, again i take this as a next step to worry about if need be

 

Thanks Ford

 

Eggy12

 

The Defendant reserves the right to amend this defence and intends to make an application to the court for an order compelling disclosure.

 

 

can i add "unless the court order discloser through non compliance of CPR 31.14" ?

[Guest]

Holding defence

 

The Defendant is unable to plead due to the Claimants failure to comply with its CPR 31.14 duties in disclosing requested documents

 

The Claimant has failed to agree to an extension of time given by the Defendant to file a defence due to non compliance to CPR 31.14 duties

 

The Defendant reserves the right to amend this defence (and intends to make an application to the court for an order compelling disclosure.) maybe take this bit out,. let the court order them to comply with yr 31.14 if that's what they decide to do (may save an application?)

 

I can do this but regard to non extra costs im a bit miffed, ( this is mentioned at beginning of Pract Dir 17) again i take this as a next step to worry about if need be

 

Thanks Ford

 

Eggy12

 

could also ask for a strike out due to non compliance (although they did ask for more time, but failed to agree a new date for defence as requested)? what do you think?

 

imo

 

@citizenb - any further thoughts? thanks.

Edited May 26, 2011 by Ford
typo

[eggy12]

Ok I have30 minutes left then i have to hit the pillow... As things stand i accept the best way forward is ;

 

The Defendant is unable to plead due to the Claimants failure to comply with its CPR 31.14 duties in disclosing requested documents

 

The Claimant has failed to agree to an extension of time given by the Defendant to file a defence due to non compliance to CPR 31.14 duties (they should have given written date and time re cpr31.14 requesting them to ask more time if needed)

 

Land the ball in the right part of the claimants court then let the judge decide..