Claim form from Arrow Global / RBS Mint *** claim Struck Out***

[Guest]

as eggy says from experience, a specific agreed extension date in writing would be required by the court.

imo

[AndyOrch]

Ok Sick

 

Keep on top of the time process.Make sure the CPR 15.5 is agreed between yourselves (you and the Claimant) and the Court informed

before your initial defence date.So if sent yesterday they are only going to get it Friday (your defence is due Monday).

Ring their Sols tomorrow explain what you are requesting and thats its on the way (i did say send it 18th May) and ask them to confirm with the Court

by phone fax or email. Then check that the Court know and that your date has been extended.

Let me know what transpires and if necessary we may have to rush an holding defence through.

 

Regards

 

Andy

 

I did state that guys

 

Andy

[eggy12]

Yes Andy, im not trying to say anything different just putting my experience with cpr 31.14 and 15.5 across as thought it may be helpful

 

Eggy

[Guest]

Yes Andy, im not trying to say anything different just putting my experience with cpr 31.14 and 15.5 across as thought it may be helpful

 

Eggy

 

quite right.

as i understand it, in eggy's case the court would not accept 'up to x days', but rather required a specific agreed date in writing? which has been done in this case. important for reference purposes.

imo

Edited June 3, 2011 by Ford
typo

[AndyOrch]

No problem Eggy /Ford that was more for sicks benefit.

 

Regards

 

Andy

[sick.as.a.chip]

heloooooo!! Have I done something wrong. Do I need to do anything else as Fairfax have said they will not inform the court but they will not take any action until after the expiry of the extension??Thank you for your help!

[AndyOrch]

Sick

 

Ring them now and tell them to inform the Court before 4.00pm of the agreed extension.They can email/ fax.

 

Andy

[sick.as.a.chip]

Thank you will do that, just got confused!!

[AndyOrch]

Its not your fault having to educate a so called firm of Solicitors the legal process.Unless they inform the Court re

CPR 15.5 your defence will stand as Monday.They must be aware of that and are leading you up the garden path and they will gain judgment by default.

[Guest]

heloooooo!! Have I done something wrong. Do I need to do anything else as Fairfax have said they will not inform the court but they will not take any action until after the expiry of the extension??Thank you for your help!

 

 

technically, isn't it for the defendant only to inform the court in writing of an agreed extension? attaching a copy of their letter agreeing the specific extension date should suffice?

 

CPR 15.5 (2) 'Where the defendant and the claimant agree to extend the period for filing a defence, the defendant must notify the court in writing'.

justice.gov.uk

 

imo

Edited June 3, 2011 by Ford
typo

[kp278]

subscribing

you have some good help here. i received my first claim form today, i've posted my own thread, hoping for a little guidance myself 8)

[sick.as.a.chip]

Ford, Andy thank you for the guidance and welcome kpmatthews, hope my case is worth watching and it helps,, nice to have other people in the same boat, the help here is fantastic and I'm very lucky to have all the help i've had!!

[AndyOrch]

technically, isn't it for the defendant only to inform the court in writing of an agreed extension? attaching a copy of their letter agreeing the specific extension date should suffice?

 

CPR 15.5 (2) 'Where the defendant and the claimant agree to extend the period for filing a defence, the defendant must notify the court in writing'.

justice.gov.uk

 

 

Correct but there must be conformation from the Claimant either attached to the Defendants notification or direct by themselves,at this late stage in proceedings

 

imo

 

 

Andy

[sick.as.a.chip]

Oh god I want to scream!! I have had to ring Fairfax again this morning as I rang the court to confirm that they had recd something from Fairfax to say that they had agreed the extension and the court only has my letter.Fairfaxsaid that although they had got my letter it had been scanned in as it came special delivery they had not actioned it with the court yet. I said that they needed to do that today at which she replied that they have to request a judgement in default and that my notes clearly stated no further action until after 20th June, I asked when they would let the court know and she said it could take them a couple of days to action my letter!!Is that right that they have to ask the court to enter judgement? and am I supposed to trust them!!!

[AndyOrch]

And what was their response on Friday Sick when you rang the Sols?

[sick.as.a.chip]

The special delivery letter had not arrived they would action it when it arrived!! (Which it did on Friday I have checked and they confirmed on the phone this morning)!!

[AndyOrch]

Post 32 Friday 2.35

 

Sick

 

Ring them now and tell them to inform the Court before 4.00pm of the agreed extension.They can email/ fax.

 

Andy

 

No Sick Im not talking about your letter, above on Friday i said to ring the Sols and tel them to communicate with the Court before 4.00pm.

Not to ring them Monday morning on the day of your defence.

 

Andy

[AndyOrch]

Clock is ticking Sick, 2.5 hours to submit your defence on MCOL or they get judgment by default.

[sick.as.a.chip]

Andy, I rang them on friday and they said my letter requesting the extension had not been processed. They said again that the extension stood and they would take no further action until after 20th June (This was on friday when I asked them to confirm the extension). I checked the letter had been delivered and called them this morning to confirm reciept and asked them again to acknowledge with the court the extension. They just keep saying that they have to ask the court to enter a judgement and the court wont do it without instruction. They will take no further action until 20th June. My case is not on MCOL and is at a court miles away!

I asked them to confirm with the court the agreed extension on the phone on ThursdayAgain on FridayAgain today.I keep getting the same reply that they wont apply for judgement until after the extension has expired!

[AndyOrch]

Ah ok I wasn't aware that this was not an MCOL Claim. Keep checking the status though with the Court that they have not requested

Judgment.

 

Andy

[sick.as.a.chip]

I will check with the court, thank you.Am I just waiting now for them to reply to my other requests? Anything I should be doing in the meantime? I dont think I can as I dont have any of the requested information from them!

[AndyOrch]

Just waiting yes, to your CPR and CCA requests.If its anything like your extension request I wouldnt hold my breath.

 

Andy

[sick.as.a.chip]

I have went to print the signature off for my CCA request today and although I sent it recorded delivery with my postal order it has not arrived yet?? Should I send another this time by "Special Delivery"??

[Guest]

I have went to print the signature off for my CCA request today and although I sent it recorded delivery with my postal order it has not arrived yet?? Should I send another this time by "Special Delivery"??

 

 

it probably has been delivered! royal mail are not unknown for sometimes not getting a signature and/or not updating their site re 'recorded signed for' items even though it has been delivered! as before, you could give sols a quick call to double check that they have received it?

imo

Edited June 9, 2011 by Ford

[Chipmeister]

Ford is quite correct - I have sent letters by recorded signed for and got a response before I've even been advised by the Royal Mail website that it's arrived!!Any further updates Sick?