Arrows/Blake claim form old HBOS Card 'debt'

[sev67]

Received claim form via northampton (ccbc) with issue date 2 June.

Submitted Acklowedgement of Service meaning defence deadline is Tues 5th July.

Particulars of Claim states; 'Claim is for £10k being monies due under regulated agreement with hbos and assigned to claimant. Notice of assignment has been provided to defendant. Defendant failed to pay and default notice served. Claimant claims £10k plus cost of claim.'

Sent CPR31.14 to Arrow r/o address on claim form by special delivery, Sec78 request to Arrow by recorded, and Sec78 request to hbos by recorded all on 14th. Received hbos response but nothing from Arrow. On claim form claimant is arrow and in second box it says address for sending documents and payments (if different) - blake lapthorn.

1. Should I have sent to blake instead, is that important?

2. Next I need to get extension under CPR 15.5. Can I do this by email to blake, send this evening and call tomorrow and chase for response? I can then get letter to court by 5th July. Is that possible?

 

Been working on another case so this one has slipped, I've not stopped reading on this site for days but I think its time for ask for help please on this one now.

[AndyOrch]

Received claim form via northampton (ccbc) with issue date 2 June.

Submitted Acklowedgement of Service meaning defence deadline is Tues 5th July.

Particulars of Claim states; 'Claim is for £10k being monies due under regulated agreement with hbos and assigned to claimant. Notice of assignment has been provided to defendant. Defendant failed to pay and default notice served. Claimant claims £10k plus cost of claim.'

Sent CPR31.14 to Arrow r/o address on claim form by special delivery, Sec78 request to Arrow by recorded, and Sec78 request to hbos by recorded all on 14th. Received hbos response but nothing from Arrow. On claim form claimant is arrow and in second box it says address for sending documents and payments (if different) - blake lapthorn.

1. Should I have sent to blake instead, is that important? Not Really as neither will have one:-)

2. Next I need to get extension under CPR 15.5. Can I do this by email to blake, send this evening and call tomorrow and chase for response? I can then get letter to court by 5th July. Is that possible? Yes or phonecall just make sure you receive written conformation

Been working on another case so this one has slipped, I've not stopped reading on this site for days but I think its time for ask for help please on this one now.

 

Regards

Andy

[MorrisDog]

Hi sev67,

 

 

I have just had similar dealings with these two (arrow/blake), Sent both cpr 31.14 and 15.5 to blake with no reply to either and after numerous phonecalls have come to the conclusion that they are non cooperative to say the least. Today I have received a "Notice of Discontinuance" in the matter.

 

See if they will agree to an extention, If they do not reply or refuse you can send in a n244 application to the court requesting more time (this will cost £40).

 

Regards

 

Morris

 

 

 

 

 

[sev67]

Thanks MD. Fingers crossed turns out same way but way my luck is at the moment I don't hold much light.

Anway, sent email to blake last night but didnt get opened so called after lunch today and spoke to correct person in the end. They confirmed deadline was Tuesday and gaveme their email address which they opened. If I have to do N244 am I able to hand it in to local court on Tuesday if blake ignore cpr15.5 request, or does it have to go in post? Will chase blake again tomorrow on phone and email.

[MorrisDog]

I know you can hand it in to the court the claim was issued at (in your case northampton) But dont think you can hand it in at a local court unless it has been re tracked. I maybe wrong though if someone else could varify this?

 

With regards to N244 if you are going to take this option I would either hand deliver to Northampton or send 1st class recorded delivery tomorrow as tuesday will be too late.

 

Here you will find link to form:

 

http://www.hmcourts-service.gov.uk/courtfinder/forms/n244_e.pdf

 

Complete the form and print enclosing payment of (£40) without a hearing.

 

On Section 3. add:

 

Pursuant to CPR 15.5 I hereby request an extension to submit my defence re Case number ######

Having requested information via CPR 31.14 on the ## ## ## received by the Claimant ## ## ## with no response. Acting as litigant in person in this matter I feel the Claimant's non response will prejudice me unfairly in this matter, and that wasted costs should be considered.

 

I hope this helps

 

If you need anymore help filling in the form feel free to send me a pm.

 

Regards,

 

Morris

[Guest]

cpr 15.5 allows for the claimant and the defendant to agree between them an extension to the period for filing a defence. then is for the def to notify the ct in writing (no form needed) that an extension has been agreed?

morrisdog - did the n244 application you outlined above work in your case (or any other)? did the court grant an extension without the agreement of the claimant?

Edited June 30, 2011 by Ford
typo

[AndyOrch]

Morris what I advised you to do is not the same for Sev until they either agree or disagree (which they shouldn't) or dont respond.

Sev dont make any applications until you have spoken to their Sols.

 

 

Regards

 

Andy

[Guest]

in any event, it would be surprising for a court to allow for an extension under part 15.5 without the agreement of the claimant. as to do so would be contrary to cpr 15.5!

imo

Edited June 30, 2011 by Ford

[sev67]

Spoken to sols, they were very difficult on the phone. I said I'd sent CPR31.14 to claimant and was requesting extension as they hadn't complied and so was requesting extension under CPR15.5. They said they would look into it and push the claimant to respond, however what is the basis of your defence. I refused to discuss, they said you have to tell us, I said as LiP I'm not going to take your word for it that I have to do that without checking first, I'm not refusing, I just won't do it now in this phone call. They said, "we sent you a notice before action so you could request documents then if you wished before the claim form was issued, the whole point of CPR is to avoid court costs, this process costs money mr x. You've obviously read CPR, I would strongly recommend you read Practice Direction for Pre-action Conduct. you must tell me the basis of your defence or I will have to notify the court of your conduct and refusal to disclose". I repeated I'm not refusing, I simply need to check out what you say first. They said "I'm going to terminate the phone call and inform the court and the claimant of your refusal to comply with disclosure, I will discuss your request, but take note that we can file for judgement on Tuesday. I terminate the phone call now".

 

Ok, so doesn't look like they will comply or give permission. Defence has to be in to northampton on tuesday so posted special on monday. I guess I have to give them time to come back to me, should I call again on Monday morning? that will leave me very short on time on monday afternoon. I will either have to;

(a) submit letter to court by special delivery on monday to arrive tuesday saying claimant agrees (if they do) to time extension.

(b) Follow through with CPR15.5 request which is file the defence by application and seek costs of such, again to be sent special delivery on monday to arrive tuesday.

 

I've pretty much got (a) ready to go, but no idea how to do (b) and certainly don't want to be panicking on monday afternoon. Any chance of some opinions please?

[AndyOrch]

Hi Sev

 

Tis a pity you got the monkey instead of the organ grinder.You are not obliged to discus the merits of your defence

and most of his conversation was gobble gook.The Sols decide to comply with the CPR 15.5 request not the Claimant,

and its a pity they didnt read Practice Direction of Pre Action Protocol before litigating.

Its a bit late now in the week to rectify this but you may receive a response Monday morning agreeing.

I assume Monday is your defence date and if so you simply submit an holding defence stating that the Claimants Sols refused to respond and refused to comply with your request for extension. We will see if they will be applying for judgment on Tuesday.(not)

 

Have a good weekend and see what transpires Monday.

 

Regards

 

Andy

[Guest]

sev

good that you stood your ground.

as andy says, 'holding' defence in time which includes their failure to comply with your (valid) cpr requests.

imo

ps, can do a defence online MCOL.

Edited July 2, 2011 by Ford
typo

[MorrisDog]

Firstly apologies I forgot to put do not go down the route of N244 until you have spoken to the solicitors and they have either refused or not replied to your request.

 

Have you heard anything from solicitors today as yet?

 

Ford, My extention request was granted today (14 days) without the claimants agreement. Guessing this is case specific so wont always go the same way?

 

Regards,

 

Morris

[sev67]

Ok, chased sols on phone, they agreed to time extension till end july and said they would get the documents requested under cpr31.14 sent out to me once received. Confirmed extension on email. So now I send letter to the northampton bulk centre court informing them agreement reached under cpr15.5 to extension until 28jul as per attached email from their sols, and I send it special delivery to be there in time for original filing date of 5th Jul. I then call the court tomorrow to make sure they have received my letter. I then wait for claimant to comply with cpr31.14 by middle of july and come back on here then with update.

Is this right? Do I need to do anything on-line or just send this letter special delivery only to court and copy to claimant.?

[AndyOrch]

As tomorrow is the 5th Sev I would email or fax a copy over also, on todays date.Nothing can be done on line at this stage.

 

Regards

 

Andy

[sev67]

Posted and faxed. Thanks.

[Guest]

.......Ford, My extention request was granted today (14 days) without the claimants agreement. Guessing this is case specific so wont always go the same way?

 

Regards,

 

Morris

 

thanks for that info morris. i would've thought that the ct could do that under cpr part 3.1 for eg, but not under 15.5 itself. (maybe they did do it under 3.1)?

Edited July 4, 2011 by Ford
typo

[MorrisDog]

Ford, Yes to confirm it was under CPR 3.

 

The outcome of the application was giving me an extention & for the claimant to file a full particulars of claim.

 

Regards,

 

Morris

[Guest]

Ford, Yes to confirm it was under CPR 3.

 

The outcome of the application was giving me an extention & for the claimant to file a full particulars of claim.

 

Regards,

 

Morris

 

thanks for that morris.

[sev67]

Hi, I've not received a response to my cpr31.14 still. Original request sent special delivery 14June, claimants sols said on 4Jul they would get them to respond. Its now 14Jul and still nothing. The extension date to file defence is 4pm 28th July.

So now I need to file an N244 as per surfaceagents post here; http://www.consumeractiongroup.co.uk/forum/showthread.php?159445-Getting-Them-To-Reveal-Their-Vitals.-Using-CPR-31.14-to-Your-Advantage&p=1771008&viewfull=1#post1771008

 

Can someone help with the 14days bit and the date in this please. Surfaceagent writes;

"In box [3] of the N244 write: 'An order that unless within 14 days of the making of an order upon this application"

 

1. I can't give them 14 days now as that will be after the extension date of 28th Jul. Can I change this to 7 days as I need time to file the defence. Or should I use a date instead?

2. Then for the attached suggested order he writes;

Claim No:

Draft Order

 

1 Unless by 4:00pm on (date) the Claimant complies with a request made by the Defendant on (date) pursuant to CPR 31.14

 

Which date should I use as I need defence in by 4pm 28Jul. I should have done this last week shouldn't I.

 

Can anyone advise please.

[AndyOrch]

Change it to 7 or 10 Sev.

 

 

Andy

[sev67]

Ok that seems easy enough. How do I file this form, its northampton ccbc bulk centre, can you do it all on-line?

[AndyOrch]

If thats the court of issue yes and no you cant do it on line, you can complete on screen then print off.Dont forget to send the Claimants a copy

either unsigned or unsual sig.

 

 

Andy

[sev67]

Ok went to bulk centre to submit three copies of N244, with draft order attached and copy of cpr31.14 letter attached. Sent extra copy to claimant by recorded.

For info;

1. Bulk centre said I could have submitted it at my local court for them to forward on.

2. The fee was £45, she called someone else to double check.

3. Whilst N244 is waiting to be looked at by the judge nothing can happen. Therefore the extended filing date of 28Jul is no longer relevant until further instructions are issued. They said its possible the judge might amend the dates from those put on draft order as they dont have a judge at bulk centre everyday, next one it next tues (fri today).

So now wait to hear form the court. .

[AndyOrch]

See how they respond to that Sev.

 

 

Andy

[sev67]

Hi looking for help again please.

The claimants sols applied to have the N244 varied to give them time to comply with the CPR 31.14 request for information. On their request the court agreed to extend the time twice. They have now sent copies through as follows. My CPR 31.14 requested; 1) the agreement, 2) the assignment, 3) default notice. They have sent 1) copy agreement 2) copy default notice, 3) copy notice of assignement, as below.

 

I'm supposed to have my defence in by 29th oct at 4pm which is saturday. If anyone can help me get my act together I would really appreciate it.

all paperwork.pdf