letter from hl legal saying they need 14 days to get info

[erahman]

I'm new here and in a similar situation.revived letter from hl legal saying they need 14 days to get info... any help from anyone would help me too, i have to file my defence by the 02 jan 2012.

Edited December 28, 2012 by erahman

[maroondevo52]

Hello and Welcome, erahman.

 

I've started a new thread for you.

 

Regards,

 

Scott.

[erahman]

thanks for moving my thread, and would really appreciate any help possible....to tell the truth this whole thing has been scaring me, even to ask questions!!.

 

1st question: my acknowledgement of service was submitted on 09/12/2012. when is my last day to submit a defence?

I have sent a cpr 31.14 request and recived a letter from hl legal saying they have requested the information and will need 14 days once received.

 

thanks in advance

[maroondevo52]

Hi,

 

I've 'flagged' this up for Site Team, hopefully you'll get some help shortly.

[erahman]

thanks

[Guest]

type up their particulars of claim less any identifiables. round up the amounts.

you say def deadline is 2nd Jan? what is the date on the form? deemed served 5 days after that. then 28 days if acknowledgement with intention to defend.

what exactly did they say in their letter? is it re an extension? see the recent threads there involving this type of letter.

[citizenB]

Can you please confirm the issue date of the claim form.. top right hand corner.. your timeline is..

 

Issue date + 5 for service + 14 to acknowledge + 14 to submit your defence (33 days)

[erahman]

Can you please confirm the issue date of the claim form.. top right hand corner.. your timeline is..

 

Issue date + 5 for service + 14 to acknowledge + 14 to submit your defence (33 days)

 

my issue date was 30nov2012. I acknowledged on the 09/12/2012.

[erahman]

type up their particulars of claim less any identifiables. round up the amounts.

you say def deadline is 2nd Jan? what is the date on the form? deemed served 5 days after that. then 28 days if acknowledgement with intention to defend.

what exactly did they say in their letter? is it re an extension? see the recent threads there involving this type of letter.

 

POC:

 

Monis due under a regulated credit agreement number ******* between MBNA Europe Bank limited and Defendant the benefit of which was assigned to the claimant.

The agreement terminated upon the defendant(s) failure to comply with the terms of the agreement and/or the statutory Notice of Default served by MBNA Europe Bank ltd.

The Claimant seeks sum of £5115.

[erahman]

letter from HL sols:

 

dear sir,

 

varde Investments(Ireland)Ltd v Yourself

claim no***

 

we refer to the above mater and acknowledge receipt of your cpr31.14 request dated 09dec12.

we are currently in the process of obtaining copies of the documents you have requested from our client and hope to be in a position to provide these shortly.

on this basis we are agreeable to an extension of time for filing of you defence to 14days after receipt of those documents.

[Series3]

make sure you inform the court of the extention.

Keep that letter

your Defence should have been in by Wednesday next.

Edited December 30, 2012 by Series3
I'm thick

[The Mould]

POC:

 

Monis due under a regulated credit agreement number ******* between MBNA Europe Bank limited and Defendant the benefit of which was assigned to the claimant.

The agreement terminated upon the defendant(s) failure to comply with the terms of the agreement and/or the statutory Notice of Default served by MBNA Europe Bank ltd.

The Claimant seeks sum of £5115.

 

Well, is their cause of action - breach of the contract terms or failure to comply with statutory Default notice?

 

Kind regards

 

The Mould

[Bandit127]

Just in case you are uncertain about the 14 days - you should be agreeable to this and it might be courteous to let them know.

 

The system needs justice to be served. A judge will look on your position more favourably if you have given the opposition the time they need to get the documents you have requested. 14 (or 28) days seem reasonable and common practice.

[erahman]

Well, is their cause of action - breach of the contract terms or failure to comply with statutory Default notice?

 

Kind regards

 

The Mould

 

hi, the mould, im not sure? both maybe?

[erahman]

Just in case you are uncertain about the 14 days - you should be agreeable to this and it might be courteous to let them know.

 

The system needs justice to be served. A judge will look on your position more favourably if you have given the opposition the time they need to get the documents you have requested. 14 (or 28) days seem reasonable and common practice.

 

so I can email HL legal to accept .

but what about the defence, on the 2nd jan.

do i call the court and tell them about the extension? but the letter says 14 days after recipt of docs.

 

im going to try and scan it now. if it helps...

[The Mould]

hi, the mould, im not sure? both maybe?

 

Hi eraham

 

In my opinion, the Claimant ought to be put to point as to his Particulars of Claim and particularise the grounds upon which he relies as his cause of action against you that entitles him to the monies claimed.

 

In Brandon v Amex, the Court of Appeal did not allow Amex to rely upon breach of contract terms as their cause of action, when Amex had clearly terminated via CCA 1974 statutory Default notice.

 

Kind regards

 

The Mould

[erahman]

can post images!

[erahman]

Hi eraham

 

In my opinion, the Claimant ought to be put to point as to his Particulars of Claim and particularise the grounds upon which he relies as his cause of action against you that entitles him to the monies claimed.

 

In Brandon v Amex, the Court of Appeal did not allow Amex to rely upon breach of contract terms as their cause of action, when Amex had clearly terminated via CCA 1974 statutory Default notice.

 

Kind regards

 

The Mould

 

Hit the mould,

 

how do i do what you mentioned...im sorry I have know idea about any of this....

 

kind regards

 

erahman

[Series3]

Amex tried to change by saying they could have terminated at any time using the the T and C's after going down the Default route.

Judge said one way or the other.

post up the POC.

[The Mould]

letter from HL sols:

 

dear sir,

 

varde Investments(Ireland)Ltd v Yourself

claim no***

 

we refer to the above mater and acknowledge receipt of your cpr31.14 request dated 09dec12.

we are currently in the process of obtaining copies of the documents you have requested from our client and hope to be in a position to provide these shortly.

on this basis we are agreeable to an extension of time for filing of you defence to 14days after receipt of those documents.

 

OK eraham

 

Make a copy of the above-mentioned letter from the Claimant's Reps and email and fax to the Court with your brief covering letter therewith addressed to the Court Manager and state that pursuant to CPR Pt 15 r. 15.5(2), the Claimant and the Defendant in this matter have agreed to extend the time for the filing of the Defendant's Defence.

 

CPR = Civil Procedure Rules and you can and you should research the same at the Ministry of Justice web site.

 

Respond again in a min.

 

Kind regards

 

The Mould

[The Mould]

Hit the mould,

 

how do i do what you mentioned...im sorry I have know idea about any of this....

 

kind regards

 

erahman

 

OK erahman

 

What is the history to this matter, post details please, you know a chronology of events that led the Claimant to issue this claim against you.

 

The Claimant appears to allege breach of terms under the contract, however, even if true the breach on your part may only be one of minor in nature, in which case the Court may take the view that termination in reliance of that minior breach by you was inequitable action by the Claimant which actually amounts to repudiation of the contract - by the Claimant - giving you a counterclaim in this matter.

 

If the case is that the Claimant terminated the contract in reliance of your failure to remedy an alleged breach by your non-compliance with the remedy stated in the statutory Default notice, if the Default notice turns out to not comply with the statutory requirements of s.81 CCA 1974, then the action cannot proceed and the Claimant cannot then rely upon breach of contract terms to continue (as per the Brandon v Amex case).

 

I hope the above has shed some light for you to see at the end of the tunnel.

 

Kind regards

 

The Mould

[citizenB]

If you are wanting to post up documents - follow the instructions below

 

Dx100 – Instructions on uploading pdfs

scan the required letters/agreements/sheets

as a picture file

remove all pers info inc barcodes etc using paint

but leave all figures and dates.

goto one of the many free online pdf converter websites

convert the image to pdf format.

or ir you have PDF as an installed printer drive use that

open a new msg box here

hit go advanced below the msg box

hit manage attachments below that box

hit the add files button on the top right

hit select files, navigate to your file on your pc

hit upload files

NB:you can set where it goes in the post by hitting insert inline.

the hit reply button

 

Please make sure you edit any of your personal information before posting up.

 

[erahman]

cheers, citizenB.

 

claim form,

hl reply letter

Edited December 31, 2012 by erahman

[erahman]

OK erahman

 

What is the history to this matter, post details please, you know a chronology of events that led the Claimant to issue this claim against you.

 

The Claimant appears to allege breach of terms under the contract, however, even if true the breach on your part may only be one of minor in nature, in which case the Court may take the view that termination in reliance of that minior breach by you was inequitable action by the Claimant which actually amounts to repudiation of the contract - by the Claimant - giving you a counterclaim in this matter.

 

If the case is that the Claimant terminated the contract in reliance of your failure to remedy an alleged breach by your non-compliance with the remedy stated in the statutory Default notice, if the Default notice turns out to not comply with the statutory requirements of s.81 CCA 1974, then the action cannot proceed and the Claimant cannot then rely upon breach of contract terms to continue (as per the Brandon v Amex case).

 

I hope the above has shed some light for you to see at the end of the tunnel.

 

Kind regards

 

The Mould

 

basically the mould,

 

old credit card, virgn i think im not too sure. struggling to pay back, bank cancelled dd as money was short due to job situation, not much money coming in. was in a situation where i was working but not enough money to survive on to support wife and new baby, but then again unable to claim any benefits. moved from rented house to my old house (already had a mortgage so no housing bens when i was renting) F&Family helping out with mortgage. got a couple of letters but really ignored them. then the county claim letter. worst case if I am forced to pay i earn less then my exp. I remember recently getting a letter from experto credit, which is the actually a few days after i got the county court letter.. ive attached the letter[ATTACH=CONFIG]40273[/ATTACH]

[citizenB]

Well the claim has a lot of words on it, but actually says nothing!

 

It would appear you were not aware of the assignment until AFTER the claim had been issued! And I dont think that letter you did receive from Experto serves as a Notice of Assignment!

 

Was a default notice issued by MBNA?