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Deadline for Defence has passed. What now?


Moustacheman
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The deadline for NatWest to enter a defence was yesterday and I havent heard anything.

 

I have just phoned the courts and they said that they had a call from Anne Marie Bolyn (I presume she's from NatWest or Cobbetts) and they are saying that they only had the front cover of the N1, ( I sent 2 copies of everything when I submitted my N1 form so they should have had it!!

 

They have asked the court to send them the additional documentation (particulars of claim) which they did yesterday, but no defence has been entered as of yet???

 

The lady on the phone said to wait a few days and call back to see if anything has happened.

 

I don't want to wait, I want to get on it straight away and apply for a judgement as they havent entered a defence by the deadline but I dont know if I can do that??

Are they just trying to drag this out as long as possible and get more time?

Surely if the deadline was yesterday then they can't enter a defence after the deadline. They have had ample time to get the particulars of claim if they did'nt have them (but they did)

 

 

Any advice on what to do now?

15th June 2006 - Requested Statements from NatWest

30th June 2006 - Received Statements

15th July 2006 - Preliminary approach sent for £2,156 in charges & £351.78 in interest on those charges

22nd July 2006 - Received standard response from Stuart Higley - Saying get lost

29th July 2006 - Letter Before action sent

8th Aug 2006 - Standard response saying Get lost

7th Sep 2006 - N1 Form Submitted

25th Sep 2006 - Claim Acknowledged by Cobbetts

11th Oct 2006 - Defence Entered by Cobbetts

11th Oct 2006 - CPR 18 Request from Cobbetts, letter sent to Cobbetts

3rd Nov 2006 - Deadline for Allocation Questionnaire

3rd Nov 2006 - Allocation Questionaire Submitted

5th Nov 2006 - Received Copy of Cobbets AQ

7th November 2006 - FULL AND FINAL SETTLEMENT RECEIVED!! CHEQUE FOR £3239.92!!!!

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I would take the courts advice, if there has been a problem with the paperwork or some other administrative problem, even if the court make a judgement, the defendant can and will apply for a set aside and most probably get one.

 

If they decide not to enter a dfence in a few days time then apply for the judgement or follow the advice of the court.

 

And FWIW the deadlines are 'targets', but there is provision in the Court Practice Rules (CPR) to make allowances and changes to those targets when suitable circumstances arise.

 

Dont be too impatient its primarily a waiting game.

 

HTH

 

Glenn

  • Confused 1

Kick the shAbbey Habit

 

Where were you? Next time please

 

 

Abbey 1st claim -Charges repaid, default removed, interest paid (8% apr) costs paid, Abbey peed off; priceless

Abbey 2nd claim, two Accs - claim issued 30-03-07

Barclaycard - Settled cheque received

Egg 2 accounts ID sent 29/07

Co-op Claim issued 30-03-07

GE Capital (Store Cards) ICO says theyve been naughty

MBNA - Settled in Full

GE Capital (1st National) Settled

Lombard Bank - SAR sent 16.02.07

MBNA are not your friends, they will settle but you need to make sure its on your terms -read here

Glenn Vs MBNA

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