Cabot/mortimer ClaimForms - 2 sep Next Account Cat Debts

[AndyOrch]

Still need to submit a defence by the required date.Its simply a standard template response to your CCA request.

 

Interesting that they state " and while we cannot bring legal action against your account " whilst in default and yet they have already    

[AndyOrch]

Fruitless ......The claimant is allowed to offer this see CPR 15.5 

 

Agreement extending the period for filing a defence

15.5

(1) The defendant and the claimant may agree that the period for filing a defence specified in rule 15.4 shall be extended by up to 28 days.

(2) Where the defendant and the claimant agree to extend the period for filing a defence, the defendant must notify the court in writing.

Of course you dont have to accept...only allows them more time to source/conjure the documents up.

 

 

[AndyOrch]

17 minutes ago, kjw327 said:

It's not my intention to accept the 28 days and I am working towards submitting a defence within the original 33 days.

 

 

So what's the problem and why do you wish to complain ? 

[AndyOrch]

Thats the way they play the game...dont take it personal....they  dont understand half the legal process anyway.

[AndyOrch]

Particulars are already split and numbered in your post #1 as for lack of agreement number and dates...all the better for your defence.

 

Andy

[AndyOrch]

A couple of edits in red...good to go.

 

 

Andy

[AndyOrch]

An application to lift a stay and request Summary Judgment must be served on Notice (IE a copy of the N244 and statement must be served on you to enable you to respond by way of your own statement in response. 

 

So the claimant has failed to serve you a copy Northampton has failed to serve you and to top it off its been transferred to the claimants local county court for the hearing instead of yours as you are the litigant.

 

Ring the County court involved and request a copy of the application statement evidence and inform them that due to a Court Error by MCOL that they transfer the file to your local county court and that they must provide you a copy of said application.

 

I would also ring Mortimer and inform them of same and ask they provide a copy of their application /statement/evidence and to vacate the hearing at the incorrect venue.

 

You should not be having to pay fees to correct the courts incompetency. 

 

 

 

.

 

 

[AndyOrch]

So the court is also confused...do they wish to lift the stay or lift the stay and move to summary judgment without allocation to the SCT ?

 

Your guess is as good as mine.