Advice needed on court summons ***Discontinued****

[AndyOrch]

Hi Morris and welcome to Cag

 

As this is an Overdraft I would assume that it contains unfair charges within the summons amount, are you in possession of

all your statements or have you specified them within the CPR 31.14? If not you could request them vis a vis CPR 18.

 

Regards

 

Andy

[AndyOrch]

I personally would take the CPR 15.5 route if you are short of time and then get a CPR 18 off and specify statements.

As the account been assigned? Who is the Claimant ? Roughly how much is in question (ball park).

 

There wont be any default notice as this is an overdraft you should have received " Notice served under Sections 76(1) and 98(1) of the CCA.

This would be from the OC and can only be issued by them not a DCA.

 

Regards

 

Andy

[AndyOrch]

CPR 18 request:-

 

 

CLAIM NUMBER: *******

 

In the XXXXXXX county court

Between:

 

 

 

[Claimant]

Claimant

 

 

 

-And-

 

 

 

Defendant

 

 

 

_______________________

 

 

 

REQUEST FOR INFORMATION AND

 

 

 

CLARIFICATION UNDER CPR part 18.1 & Pre Action Conduct

_________________________ ___

 

DATE OF SERVICE: [date sent]

 

To enable me to file a fully particularised defence and counter-claim, I require specific information regarding the accounts cited in the Claimant's Particulars of Claim to be provided forthwith. The information must be furnished by the XX XXX XXXX ( Allow10 days }, which gives you seven working days to provide what has been requested. If you fail to comply, this will be reported to the Court, and an order enforcing your compliance will be applied for forthwith.

 

1. In respect of my alleged indebtedness to the Claimant please provide:

 

a) True copies of the original signed agreements between myself and XXXXXXX, as referred to in paragraphs X ) and X) of the particulars of claim.

(If not referred to remove)

 

b) All documents relating to any insurance added to the accounts, including the insurance contract and terms and conditions, date it was added and deleted (if applicable). (Not Current AC/OD)

 

c) A true copy of any Default Notice/s issued in respect of these accounts, as referred to paragraph X) of the particulars of claim; (If referred if not remove)

 

2. I believe my alleged indebtedness to the Claimant to be comprised by Unfair Charges which amount to contractual penalties contrary to common law and statute. Therefore, in order that I may prepare and file a fully particularised counterclaim to the Claimant's action, please provide:

 

a) Full terms and conditions and charges tariffs relating to each account, from the date when the accounts were opened and including any revisions or amendments to the present day.

 

b) A full and comprehensive statement history for the account, providing each and every statement sheet from the time the accounts were opened until the present day.

 

c) Specific details of all fees/charges levied by XXXXXXX in respect of these accounts and a detailed Breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.

 

d) Where there has been any event in my accounts' history which has required manual intervention by any member of XXXXX, or any other person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my accounts held with XXXXXX. If you are unable to supply this data because there has been no such manual intervention, then please be so kind as to confirm this in your response.

 

I look forward to your response in this matter/ failure to respond will be notified to the Court and a application made to disclose.

 

 

Yours Sincerely

 

 

Mr Defendant.

 

 

[AndyOrch]

If you can confirm it is SB that would be ideal, if not you need to send the CPR to Arrow has they now profess to

be the owner and litigate. Who was the OC out of interest then i will know whats to follow.

 

Andy

[AndyOrch]

Well its allowing 10 days so inline with your CPR 31.14 subject to the date of your defence submission.

What date is on the summons?

Morris if you can PM the name of the OC it would be useful.

 

Andy

[AndyOrch]

Ok Morris I would be contacting them to extend considering your circumstances.By all means as Jasper states include his comment in your CPR 18.

If you are going to request extension ( and I advocate you do) dont send the CPR 18 until they consent and confirmed in writing to you.

You can phone them to request this and ask them to email or fax conformation to speed matters.Once you are in receipt then copy Court and this will give us a little more breathing space.

 

Ok for now?

 

Let me know what transpires.

 

Regards

 

Andy

[AndyOrch]

Agreement extending the period for filing a defence

 

15.5

 

(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.

 

 

 

I would respectfully request that we agree an extension of time pursuant to CPR 15.5 until 4 pm on 2011 to file my defence. If we cannot agree then I will have no option but to apply to the court for an order allowing me the additional time and wasted costs as a result. You will be aware that the Court is likely to grant me the extension as a refusal to do so would prejudice me unfairly as I am a litigant in person.

[AndyOrch]

Normally your request is made with the CPR 31.14 (which I assume you have had no response) so because of the time delay

I would advocate ringing them in this instance and once agreed (and they cant refuse) request email or fax response.(You really are short of time to write to them and the Claimant will drag it naturally) Once you have this attach it to your letter and simply state what you have agreed and send to Northampton ASAP.Keep checking that they have received it and confirm your new defence submission date.

 

Once this is in place CPR 18 time.

 

Regards

 

Andy

[AndyOrch]

Because you requested it within your CPR 31.14 and they have neither responded to your requests for either

then its a imperative you ring them no use writing again.Ask for the person dealing with claim number xxxxxxx

Have your copy of the 31.14 to hand and what i have told you above and state

 

" I would respectfully request that we agree an extension of time pursuant to CPR 15.5 until 4 pm on xx July 2011 to file my defence. If we cannot agree then I will have no option but to apply to the court for an order allowing me the additional time and wasted costs as a result. You will be aware that the Court is likely to grant me the extension as a refusal to do so would prejudice me unfairly as I am a litigant in person.

 

That will get their attention and insist they confirm it ASAP if they refuse you make application as threatened above but I very much doubt they will.

State that you know they have received your request (Recorded del signed for tracked etc .....)

 

It may seem daunting having to ring Sols but some are quite human ( even if ignorant)

 

Regards

Andy

[AndyOrch]

Who is Jimbob??????

[AndyOrch]

I would have thought the Solicitor takes that decision not the Client who are these Muppet's?

Did you mention your CPR 31,14 request?

[AndyOrch]

Ok Morris leave it with them for now they know you are applying pressure.

You have two options here continue and submit your holding defence by 29th without docs

and inclusion of the claimants behavior and request costs. Or you can make application direct to the Court

for an extension and costs request to drag this matter on and allow them to furnish said documentation.

Second option will cost you £40 though!!!!!

 

Andy

[AndyOrch]

In the meantime digest this so you know what is involved :- Embarrassed Defences and the problems with them

[AndyOrch]

Hi Morris

 

Further to your PM I personally would make application before you go away

your return will be too late considering your defence is due the next day.You need to download an application notice N244

and complete it with your request enclosing payment and without an hearing.

 

Just complete it stating Pursuant to CPR 15.5 I here bye request an extension to submit my defence re Case number xxxxxxx

Having requested information via CPR 31.14 on the xx xxx xx received by the Claimant xx xxx xxx with no response

and further requests to extension with no response. Acting as LiP in this matter I feel the Claimant,s none response

will prejudice me unfairly in this matter, and that wasted costs should be considered.

 

 

Regards

 

Andy

[AndyOrch]

Andy,

 

This is of great help to me thankyou. I'm not sure if the N244 is available to submit online? No complete on screen and print off 3 copies If not I will follow your advice above and post this to northampton first thing tomorrow. Is there any alternative to use the N244 to disclose the information i've requested in my CPR 31.14 against the claimant? Yes we will submit directions when it gets to AQ (Allocation Questionnaire) stage you are not using the N244 to seek disclosure but to request the extension.I have only put that in to show the Claimants behavior in this matter.

Once completed send a copy to the Claimants Sols (unsigned) copy to Court and retain a copy for your file.

 

Many Thanks

 

Regards

Andy

 

[AndyOrch]

Why not, it shows what you have requested and that you have already asked for an extension and given the Claimant pre warning.

[AndyOrch]

No need to complete the evidence section Morris.

 

Regards

Andy

[AndyOrch]

No No draft Order and yes serve it on the Claimant.

 

Andy

[AndyOrch]

Morris with regards to your other matter see here http://www.consumeractiongroup.co.uk...n-Who-are-they

 

Regards

 

Andy

[AndyOrch]

Morris with regards to your other matter see here http://www.consumeractiongroup.co.uk...n-Who-are-they

 

Regards

 

Andy

 

Link refreshed http://www.consumeractiongroup.co.uk...n-Who-are-they

[AndyOrch]

Well done Morris

 

Easily sorted when you know how:wink:

 

Keep checking though.

 

Regards

 

Andy

 

I will get your thread title changed.

[AndyOrch]

Hi Morris

 

Other being FV1 ? If so i would advocate starting a new thread and title and give us a bit of background.

If they have agreed to extension then no application yet, sit a bit longer.What date have you agreed to defence?

 

If you can send me a link once new thread set up ill pop in.

 

Regards

 

Andy

[AndyOrch]

Morris your NoD is not connected with your application which I advised. More of a coincidence and the fact that you threaten to do it.

You need to inform the Court that the Claimant has discontinued (if they haven't all ready) and that your application is now void, may even get a refund but dont hold your breath:!: Retain and guard your copy of the NoD.

 

Regards

 

Andy

[AndyOrch]

Ring Northampton and inquire the status, state you have a copy of the NoD.Perhaps suggest, would they like a copy of yours

email/fax?

 

I will pop over to your other thread when i get a chance.

 

Andy

[AndyOrch]

:whoo:Concentrate on your other matter now Morris.

 

Andy