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Cabot/mortimer claimform - halifax OD 'debt' - stayed?


keithhut
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I have claim from via Mortimer Clark from Cabot regarding Halifax overdraft. I sent CPR 31.14 Request

 

CPR 31.14 Request (removed -DX)

 

 

 

They sent me

 

WE confirm our client is willing to agree to the extension of 28 days for you to file your defence. Pursuant to CPR 15.5(2) please notify the court in writing of the agreement. CPR 31.14 relates to a right to inspect a document and can be distinguished from the standards disclosure of evidence during the coutse of the proceedings.

 

We believe that you have already inspected thr docsuments to which you make reference because on various dates in the past they would have been sent to you by another party such as orginal creditor.

 

We would be grateful if you could confirm what documents you have in your possession or control.

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You can pretty much ignore most of what they have said in their letter, other than your obligation to notify the court of the extension agreed between yourselves.

 

You need to send a letter to the court manager - to the Court address on the claim form and you need to do it swiftly.

 

You can use the draft I have put below to do this.

 

 

PE22 9PU

Her Majesty’s Court Service

County Court Bulk Centre

Northampton County Court ------ YOU WILL NEED TO CHECK THIS ADDRESS WITH THE ONE ON THE CLAIM FORM

St Katherine’s House

21-27 St Katherine’s Street

Northampton

NN1 2LH

 

 

 

FAO: The Court Manager

 

 

Dear Sir or Madam

 

Re: Claimant v Defendant

Case No: From the Claim form

Claimant’s ref:

 

NOTIFICATION OF EXTENSION OF FILING DATE – CPR15.5

 

I am enclosing a copy of a letter from "Claimants' solicitor" advising that an extension of 28 days is agreed between us.

 

This extension is to allow the Claimant more time in which to provide documents that have been requested by way of CPR 31.14

 

The new filing date agreed with the Claimant is XXXXXX (you will need to work out the 28 days from the old filing date)

 

I trust this is acceptable.

 

 

Yours faithfully

 

 

 

Enclosed, copy letter from SOLICITORS , acting on behalf of Claimant

 

 

 

Send a copy of the above to the claimant's solicitor and do, at the very least obtain a free proof of posting for the court copy.. I would invest in a tracked method

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Pers I'd stuff giving them more time to magic up paperwork

And file our holding defence now

 

Put the pressure on them

Rather than giving them an easy time

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • 5 months later...
Pers I'd stuff giving them more time to magic up paperwork

And file our holding defence now

 

Put the pressure on them

Rather than giving them an easy time

 

Just a note.

 

 

Its end of March and I have heard nothing.

 

 

There was something like a time limit of 1 month to hear their reply I believe.

 

 

With no feedback I assume I have won the case.

 

 

I moved house in January and let the court know.

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prob stayed..call the court?

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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