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    • best to be sure it is a N279. not that they pull any underhand stunts of course   but we have seen it. your bal is now £0 but we'll still attend court as you'll probably not as we've said we've closed the account and we'll get a judgement by default. dx  
    • Sorry, last bit They had ticked that they wanted the application dealt with without a hearing, so is there any relevance that a date and time to attend said hearing has been sent out ?
    • I've not seen it personally but I think that's the letter Dad has had from Overdales. I'll see it tomorrow. It states balance: zero
    • Agreed as you clearly have little faith in your star runners, mind you - I have less - conditional on the welcher clause I defined being part, and that we are talking about the three defined candidates: Tice Farage and Anderson - not anyone anywhere as reform might (outside chance) get someone decent to run somewhere. If any of the three dont run - they count as a loss.   welcher clause. "If either of us loses and doesn't pay - we agree the site admin will change the welchers avatar permanently to a cows ass - specific cows ass avatar chosen by the winner - with veto by site on any too offensive - requiring another to be chosen  (or of course, DP likely allows you can delete your account and all your worthless posts to cheapskate chicken out and we'll just laugh) "
    • This is the full details, note they have made an error (1) in that paragraph 5 stated 14 days before hearing not 7. Surely a company of their size would proof read and shouldn't make basic errors like that 1) The Claimant respectfully applies for an extension of time to comply with paragraph 5 of the Order of Deputy District Judge XXX dated XX March 2024 i.e. the evidence upon which the parties intend to rely shall be filed and served not later than 7-days before the hearing. 2) The Claimant seeks a short extension of time allow them to further and properly investigate data provided to them by Royal Mail which is of importance to the proceedings and determination of the Claim. 3) The Claimant and Royal Mail have an information sharing agreement. Under the agreement, Royal Mail has provided data to the Claimant in respect of the matters forming the basis of these proceedings. The Claimant requires more time to consider this data and reconcile it against their own records. The Claimant may need to seek clarification and assurances from Royal Mail before they can be confident the data is correct and relevant to the proceedings i.e. available to be submitted as evidence. 4) The Claimant's witness is currently out of the office on annual leave and this was not relayed to DWF Law until after the event which has caused a further unfortunate delay. 5) The Court has directed parties to file and serve any evidence upon which they intend to rely not later than 14- days before the hearing i.e. by 4pm on 6 June 2024. Regrettably, the Claimant will have insufficient time to finalise their witness evidence and supporting exhibits as directed. We therefore respectfully apply to extend the time for filing/serving evidence so that the evidence upon which the parties intend to rely by filed and served not later than 7-days before the hearing i.e. by 4pm on 13 June 2024. 6) This application is a pre-emptive one for an extension of time made prior to the expiry of the deadline. In considering the application, the Court is required to exercise its broad case management powers and consider the overriding objective. 7) In circumstances where applications are made in time, the Court should be reticent to refuse reasonable applications for extensions of time which neither imperil hearing dates nor disrupt proceedings, pursuant to Hallam Estates v Baker [2014] EWCA Civ 661. 😎 It is respectfully submitted that the application is made pursuant to the provisions of CPR 3.1(2)(a) and in accordance with the overriding objective to ensure the parties are on an equal footing when presenting their cases to the Court. The requested extension of time does not put the hearing at risk and granting the Application will not be disruptive to the proceedings.   They have asked for extension Because 2) The Claimant requires additional time to consider and reconcile data received from Royal Mail which is relevant to these proceedings against their own data and records in order to submit detailed evidence in support of this Claim.
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Sigma claim form - M&S CC.- help


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also, note Carey, Mcguffick cases which they may try to use. Wilson is HL and therefore should be binding, but in mcguffick seems J tried to distinguish re s127 etc.

how's it going. presume you have complied with court deadlines etc.

Edited by Ford
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Hi ford yes i have complied and informed the court i will be defending all of the claim. I sent my CPR request recorded delivery 5 days ago.

thanks for the info re Wilson and mcguffick although I am not sure what HL is?

G

Edited by Gallahad
typo
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HL = House of Lords, and therefore its judgment binding on all lower courts (unless can safely be distinguished on the facts, which seems as what J in mcguffick tried to do re s127 etc)

Edited by Ford
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welcome. just noting be ware they might try to use Carey, Mcguffick. carey is mainly re a cca request ie a reconstitution may satisfy a cca request. but, re that there is the kotecha/phoenix court of appeal case re the requirement for an 'accurate' cca request/recon response. again, court of appeal binds lower courts such as high court, county court.

Edited by Ford
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My date of service was 4th December and i calculated my date for acknowledgement as 18th December ( i acknowledged and stated I would defend all, online on the 12th)

I posted my CPR 31.14 request on the 10th and have confirmation it was signed for on the 14th. This gave them until the 21st to respond and agree to an extension of a further 14 days from the date they supply the documents. If they do not respond by the due date (this Friday) what action should I then take?

28 days from the date of service will be the 1st January to lodge my defence by but as this is a bank holiday what should i consider my last day to lodge my defence online?

G

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do you mean an extension of 14 days on the defence deadline?

an extension under 15.5 is re an agreed specific date 'up to 28 days' from original deadline. so, if required, should be for them to furnish docs around 14 days before that extended deadline date to give time to consider docs, if any.

Edited by Ford
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No they said they will allow 14 days from the date I receive the documents mentioned in the P.O.C so it is apparent they did not have possession of the documents when making the claim. should i decline the offer and inform them that the rules state the only extension allowed is 28 days from the original defence date? I also notice I have to be the one to inform the court in writing of any extension agreed which with the holidays could prove a problem now. Does anyone know what days the courts are closed for over the holidays?

G

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you've already offered them more time, and they have come back on that (sort of). so, a quick clarification call/email re their agreement to extend should do it.

eg, re your letter confirming need for more time and an extension. as per cpr 15.5 please confirm in writing by return an agreed def deadline date extension to xxx (specify a date being up to 28 days from the original deadline), and your intention to comply with my request for docs 14 days (or a specific date) before that date.

yes, once you have written confirmation of new def deadline date, forward a copy to court re cpr 15.5. it would be unreasonable for claimant not to accommodate seeing that they have sort of asked for/agreed an extension.

Edited by Ford
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oops, is cpr 15.5 re 'informal' (ie no formal court application needed) def extension 28 days (which is what the cag template 31.14 letter refers to)

Edited by Ford
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Sorry Ford you have lost me there:oops:

G

 

:) i quoted by mistake cpr 31.5 re a def extension, whereas it should be cpr 15.5 (have since amended my posts)

Edited by Ford
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ps. if def extension required, could try and get a response via email if poss, given the hols, which can then be forwrded via email to court in time?

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ps. if def extension required, could try and get a response via email if poss, given the hols, which can then be forwrded via email to court in time?

 

No extension confirmation received so looks like I will have to submit and embarrassed defence. I have found quite a number of similar claims now where they have never come up with any paperwork so am not too concerned at putting in a defence by the 1st Jan. I would be grateful for any suggestions re wording of defence.

G

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I have received today a letter agreeing an extension for 14 days from when they supply the requested documents. i seem to remember that the court rules state somewhere that the extension may only be granted for 14 days from the original defence date does this mean the letter is of no worth as worded? What is my best course of action now?

G

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civil procedure rule 15.5 - up to 28 days from original def deadline

as per my previous post #37, 41, a specific extension date usually should be agreed to avoid any ambiguity. don't know whether court will accept what you have. call court to check with the court (if its open!).

to be sure, if still want/need extension, could call sols try and get them to email you today an agreed specific extension deadline date for filing a defence say for eg to 28th jan, which you can then forward via email to court. otherwise, prepare a defence to be in online by current deadline date end.

Edited by Ford
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You must telephone the court on Monday to confirm your date of submitting - especially due to the Bank Holidays. Also, try and speak to the File handler at the solicitors acting for the claimant and try to gee them up re a PROPER confirmation of an extension re CPR15.5.

 

Ford has linked you to a similar situation as yours where there has been an agreement for an extension, however they must put this in writing and be a little less ambiguous in their comments.

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Hi CB i have spoken to the court and they have confirmed the submission date is the 2nd Jan. I will email copy of letter to the court tomorrow and then phone monday to ask if it is acceptable. I am unsure whether to put in an embarrassed defence or to go for an unless order. I am given to understand that each course of action has advantages and disadvantages which I am trying to absorb and evaluate.

G

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Hi CB i have spoken to the court and they have confirmed the submission date is the 2nd Jan.....

G

 

thats good to know, now! quid pro quo.

Edited by Ford
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I doubt very much you will be successful in an application for an unless order..

 

Creditors are given a lot more tolerance than Litigant in Persons.. aka you the defendant.

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Uploading documents to CAG ** Instructions **

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Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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http://www.consumeractiongroup.co.uk/forum/showthread.php?374588-Sigmaspv1-N1-old-HSBC-OD.&p=4083377&viewfull=1#post4083377

 

Post # 22.. You need to send something like this to both the court with a copy to the solicitors regarding the extension.

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Uploading documents to CAG ** Instructions **

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2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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