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Gallahad

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

IMO

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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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Yes they have granted the 14 day extension from my receiving the documents and I have asked them to put that in writing.

G

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but, when is the extended deadline date for receiving the docs? did you actually agree a specific new def deadline date?


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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

IMO

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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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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.

 

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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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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

 

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.

 

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