2 claim forms received today from Northampton County Court

[citizenB]

Ah right, my apologies, I thought it was a SAR - do as andyorch has advised and get it returned to them as quickly as possible. Sadly this firm do delay in responding to CPR so any excuse.. sigh.. !!

[loobie79]

afternoon all, Ive gone on moneyclaim to acknowledge and Ive highlighted that I want to defend all of the claim but then there is another box to contend jurisdiction and I have no idea what this means anyone help

[citizenB]

Ignore that, loobie.. once you have submitted your defence and IF the claimant decides to proceed then it will autmatically be moved to your local court.

 

You would only contest jurisdiction in a claim

 

(1) A defendant who wishes to –

 

(a) dispute the court’s jurisdiction to try the claim; or

(b) argue that the court should not exercise its jurisdiction may apply to the court for an order declaring that it has no such jurisdiction or should not exercise any jurisdiction which it may have.

[loobie79]

ok thank you

[loobie79]

hi again

 

Ive now completed the acknowledgement of service, resent the cpr requests to Restons, sent of to lloyds for the dsar and done lots of reading but im still none the wiser about what im actually doing. I read on one site that a cpr is a waste of time :S

 

I have looked through all my paperwork and found nothing at all relating to any of these so until I get a reply from lloyds I dont know when the last payments etc were made. I have a funny feeling that the credit card and maybe even the loan were already behind in payments so I really think the 6 years is up with them.

 

What do I do now just wait to hear from the courts again or do I have to file a defence in 14 days from tomorrow

 

Thanks in advance

[AndyOrch]

Hi Loobie

 

To all intense and purposes the CPR 31.14 is a pointless request...some reply some don't...but it does add leverage to any defence when you state that the claimant has frustrated matters in clarifying the debt/balance.

Stick to your timetable and have a look around at some of the defences entered here in the forum.

 

Regards

 

Andy

[loobie79]

Hi Andy

 

I have just been reading some posts and remembered you had said about section 77/78 requests, I havent done this, I havent sent anything to Marlins just the cpr requests to the solicitors. Do I need to send these?

 

Send the Section 77/78 requests to the Claimant..everything else to their Sols.

 

I am assuming you wish to defend to try to avoid a CCJ? If you wish to admit then yes you complete the form N9A and make a suggested monthly payment.

 

You have 33 days in total (5 deemed served so 28) 14 days to acknowledge Service and if you wish to defend then another 14 days to submit a defence.You can do all this on line at MCOL once you have registered for the service and then using the password on your summons.

 

 

 

Regards

 

Andy

[MrHat]

Following

[AndyOrch]

Hi Andy

 

I have just been reading some posts and remembered you had said about section 77/78 requests, I havent done this, I havent sent anything to Marlins just the cpr requests to the solicitors. Do I need to send these?

 

I thought it had already gone on the 26th Feb Loobie.....send now.

 

Andy

[loobie79]

Nope told you I was dull. Do I need to send 3 separate letters and postal orders or all together as with the DSAR?

I thought it had already gone on the 26th Feb Loobie.....send now.

 

Andy

[AndyOrch]

Separate one for each agreement with 3 x £1.00 POs....you can use one envelope though:wink:

[loobie79]

will get them posted today. thanks once again andy your a gem

[AndyOrch]

Recorded Delivery Loobie:wink:

[loobie79]

Hi all, just wondering if any of you have any advice regarding my defence, its getting nearer and nearer I have read a lot online and as Im not 100% sure about them being statute barred and I wont get this information from Lloyds until April I have concluded that at the moment all I can say is I owe nothing to the claimant? Can anyone help me put this into court speak please?

 

I have heard nothing as of yet from either Restons or Marlin Europe so Im kind of in limbo.

 

Thanks

[citizenB]

loobie, can you let us know the date of issue of BOTH the claim forms please - you will find this in the top right hand corner of the claim form

[loobie79]

issue date for both of them is 21 feb 2013

[citizenB]

issue date for both of them is 21 feb 2013

 

 

Ok your timeline -

 

Issue date : - 21.02.2013 + 5 for service = 26.02.2013 + 14 days to acknowledge = 12.03.2013 + 14 days to submit defence = 26.03.2013.

 

Did you acknowledge service on time ?

 

I will alert andyorch to advise on your defence.

[loobie79]

Yes acknowledged both claim forms within the time frame.

 

Thank you

 

Ok your timeline -

 

Issue date : - 21.02.2013 + 5 for service = 26.02.2013 + 14 days to acknowledge = 12.03.2013 + 14 days to submit defence = 26.03.2013.

 

Did you acknowledge service on time ?

 

I will alert andyorch to advise on your defence.

[citizenB]

Excellent - I have left a message for andyorch to look in on you.

 

He doesnt appear to be online at the moment, but I am sure he will look in as soon as he can

[AndyOrch]

Hi loobie

 

Ok you now need to type out (verbatim) each of the Particulars of Claim..then we can draft 2 x defences for input tomorrow into MCOL.

 

Regards

 

Andy

[loobie79]

Hi Andy, haven't been on here in a while - grandad is in hospital. I panicked over the defence and just sent in bits id copied from this site that basically there wasnt enough information in the particulars and I still hadn't received the information I had requested from both Marlins and Restons so was in no position to be able to offer a defence. I had two letters from court last week just to say that my defence had been received.

 

Still had nothing back from Restons regarding the cpr request or from Marlin with the section 77/78 feel like im stuck in limbo.

 

I have had a reply from Lloyds Tsb though to say that I can collect my documents from my local bank on the 17th April

 

Will keep you updated if anything else happens

[citizenB]

Right, well they cant now obtain a Judgment in default..

 

Have a good look through the SAR when you collect it. You do need to make sure they have fully complied with the request. LTSB are pretty good at leaving stuff out.

 

You should look for the Communication Log/Diary of Events - check to see if letters they say they have sent, have been received by you. Any calls made should be recorded on there as well. They will almost certainly be recorded in code and you should have a page that tells you what those codes are so you can reconcile letters with the entries.

[loobie79]

Ok thank you. Marlin and Restons have both received the letters I sent so should I be doing anything else in regards to them?

[loobie79]

Hi all, need some help again. I submitted my defence on the 25th March, received an acknowledgement from the courts and have heard absolutely nothing since. Nothing from Restons or Marlin and it says on the court acknowledgement that they had 28 days after receiving a copy of my defence to contact the court, they were up on Monday if we go by my defence date, is this correct or do they have longer?

[AndyOrch]

Claim is therefore stayed Loobie until either you or the claimant makes application to proceed.

 

Regards

 

Andy