Urgent advice - need to respond today - cpr 31.14 - no default notice received

[n377y]

Is anyone available to give me some advice, please. {;r

I received a County Court Claim on 9th May for a debt that had been sold to a collection company.

After advice I filed a defence and made a CPR 31.14 request for:

 

1. Copy of the Agreement

2. Notice of Assignment

3. Default Notice

4. Termination Notice

 

The collection company responded and gave me a further 28 day extention which expired on 4 July.

 

They wrote to me on 5th July and sent me

 

1. Copy of the Agreement

2. A template copy of the Notice of Assignment with line data used

3. Key pages of the Account Sale Agreement (they have not sent the full document as they say it is commercially sensitive.).

 

I am not sure what the Account Sale Agreement is in relation to the information I have requested and also whether they should submit the full document to me.

 

In addition they have not sent a copy of the Default Notice. Am I right in thinking that a debt cannot be sold without the issuing of a Default Notice.

 

At the end of the letter they have invited me to discuss settlement terms and that they intend instructing their Solicitors to proceed with the Claim in the next 14 days. - That will be tomorrow so

I guess I need to take action today.

 

Im not sure what my next step should be.

 

Please can some advise.

 

Kind Regards

 

N377y

 

 

P.S I have asked for advice on my previous thread too "Settling Out of Court" - sorry I dont know how to link this. http://www.consumeractiongroup.co.uk/forum/showthread.php?350242-Settling-Out-of-Court&p=3912376#post3912376 hope this works.

[n377y]

I do hope I have done right.

 

I posted the following email to the courts today.

 

"Further to my telephone call to your offices at 12.23 pm today.

 

I issued a CPR 31.14 request to Hillesden Securities Limited on 18 May 2012 requesting copies of the documents detailed in the Particulars of Claim.

 

To date I have only received a copy of The Agreement. I have not received a copy of the Notice of Assignment, the Default Notice or the Termination Notice.

 

As a result of the above I am unable to defend this claim and ask that the case is subsequently dismissed"

 

Any feedback (hopefully positive) will lower my stress levels considerably

[Dotty50]

Hi n377y, it's most unusual for andyorch not to come back and offer more help!

 

I know it's late now but I'll give the site team a nudge for you

[n377y]

Thanks Dotty

 

It is holiday season, so maybe Andy is away. I posted a new thread yesterday in the hope that I would attract someone to it, but unfortunately it was moved to my exisiting thread. Im just concerned about my response to

the courts. I do hope I haven't messed up!!!

 

Netty

[Dotty50]

Andy could be away, but I am sure the site team will find someone else who can give you some assistance.

[Noshovel]

Hi Netty

 

I'm not an expert and I'm working right now (or should be) but this could help

 

Dont worry about being late, just contact the court anyway is my advice.

 

Form N244 is the form for strike outs etc

 

N244

 

http://hmctscourtfinder.justice.gov.uk/HMCTS/GetForm.do?court_forms_id=484

Is used to ask for set asides, strike outs, special court orders eg. For disclosure, leave to amend a claim where the other side have refused consent etc.

Look here about drafting if you get to asking for a strike out or similar http://www.consumeractiongroup.co.uk/forum/showthread.php?282955-Hilesden-securities-court-papers-received-**-Discontinued-***/page6

[AndyOrch]

Hi Netty

 

Is the above your defence?

 

Regards

 

Andy

[n377y]

Hi Andy

 

I ran the court yesterday and they advised me to email my defence. I sent this email. I was worried about the timescales as the Claimants advised that they would be instructing their solicitors to proceed with the claim today.

 

I do hope I have done right.

 

I posted the following email to the courts today.

 

"Further to my telephone call to your offices at 12.23 pm today.

 

I issued a CPR 31.14 request to Hillesden Securities Limited on 18 May 2012 requesting copies of the documents detailed in the Particulars of Claim.

 

To date I have only received a copy of The Agreement. I have not received a copy of the Notice of Assignment, the Default Notice or the Termination Notice.

 

As a result of the above I am unable to defend this claim and ask that the case is subsequently dismissed"

 

Any feedback (hopefully positive) will lower my stress levels considerably

[n377y]

Thanks you for your responses. So much appreciated. As I have already replied via email can I still submit the N244.

 

Netty

[AndyOrch]

Ok well that will halt the auto process of judgment by Default see what response the claimant makes now and if they wish to proceed.

 

Regards

 

Andy

[n377y]

Thanks Andy for you help and support its much appreciated.

 

Netty

[n377y]

Hi All, Whilst sat here ruminating Im just wondering how the Court will review my email. Should I not have used the N244 form?

 

I've tagged a quote from another link, similar situation, and Squaddie sufggests N244 form and paid the necessary fees.

 

thats ok, you are on low income so the court costs will prob be free

 

we use an N244 form and an application notice to strike out the claim if they dont comply with the docs when the 28 days extension finish

 

it costs £80 which you get back but in your case will prob be free

 

ill look into it

 

we have plenty of time but get that letter from DLC sent TO THE COURT ASAP

[AndyOrch]

Hi Netty

 

You don't use an application to submit a defence unless you are altering it or it is late and have been instructed to do so.The above is to strike out a claim, you have submitted a defence in time although Im unsure why you submitted in the manner you did in stead of on line using MCOL.

 

Andy

[n377y]

Andy

 

Thanks for the clarification Andy, much appreciated.

 

Although I registered on MCOL, I must have been on automatic pilot when I did it because I cant find any of the details. So I rang the court and they said I could email.

 

So I guess it is just a case of waiting now.

 

Netty

[AndyOrch]

Of course

 

Have you checked it was received by Northampton? and if so you will receive notification from them that it has been processed and forwarded to the Claimant.They have 28 days to respond and if not the claim will be stayed.

 

Regards

 

Andy

[n377y]

Hi AndyI have received an acknowledgement email saying it will be passed to the relevant section for processing. So I assume at some point, going off what you have advised, they will say it has been processed and forwarded to the Claimant.Claimant has also offered me a "without prejudice" reduced settlement (60%ish) to save on court costs. Offer open until the end of July.Main objective is to not receive a CCJ.I would have to borrow money to take up the settlement and would rather not do this. I've not responded to the settlement letter.NettyN