Thanks GH and FG Will just send the N244 requesting strike out then due to POC being insufficiently particularised etc., Thanks VOLVO

Should i also include a draft order direction with the N244, in case the strike out is not granted by the court? Volvo

Chasing letter to Morgans for disclosure sent SD today. Also, have prepared N244 strike out request for submitting by early next week assuming still no response from Morgans (Cabot). VOLVO

Thanks FG Yes,This is still with Northampton. When you say if havent received by 28th, do you mean disclosure or strike out?? VOLVO

Am i better chasing or not chasing morgans re CPR request of 8th March, no response yet and no response to phone call chasing either although they verbally agreed extension to 28th april. PT said not to put in a defence until disclosure.Should i chase morgans for disclosure again, in writing this time to help support any future N244 strike out request. VOLVO

Thanks FG

Hi FG No they have not confirmed the extension to 28th april in writing, but they had promised to do so in writing with an indication of how long it would also take them to respond to my CPR request etc that same day that they agreed to it on the phone which was 18th March but nothing so far. Yes, as PT suggested i wrote to the court that same day, and informed them that Morgans (Cabot) had agreed the extension verbally to 28th April 2010, and that the court should not allow any request for judgement by morgans until after that time. As i say, still no confirmation or CPR response. Accordingly, I thought the time limits in my CPR requests still applied and that the extension was only for me to formulate a defence, if any. and not for Morgans to have extra time to respond to the CPR request? Is there any template for how to request a strike out using the form 244 in this case. Many Thanks VOLVO

Hi PT Sent CPR31.14 and CPR18 request which Morgans received on 9/3/10 and following my CPR15.5 request they received on 12/3/10, I phoned them as you suggested on 18/3/10 in which they verbally confirmed the time for submission of my defence being extended to 28/4/10 and that they would confirm this in writing that day and also advise how long disclosure would take them. The CPR31.14 request allowed 7 days and the CPR18 request allowed 14 days. As i will be away on hol in Germany very soon, I was wondering how i should now proceed. You had been talking of requesting a strike out, if this is the case how do i go about this? Many Thanks VOLVO

Thank you very much PT Will write and send on Saturday Many Thanks VOLVO

bump

Hi PT Phoned them today and they have confirmed receiving my CPR31.14 and CPR18 letters and also CPR15.5 time extension letter. They have verbally agreed today an extension of time for submitting a defence until Wed 28/4/2010. They promised to write to me today confirming this time extension, and said they would give an indication of how long the disclosure of docs will also take, as they believed it might take them a substantial amount of time. Told them as suggested, currently instructing legal representation and disclosure docs needed asap for defence under CPR. Once i receive their confirmation letter i will forward a copy to the court, Anything else i need to do at the moment? VOLVO

Thanks Mark Tried it that way also, no access. Have e-mailed them today concerning access Good Luck VOLVO

Thanks PT Will ring them in the morning VOLVO

subbing

Hi Foolishgirl I sent the CPR request letters you gave me to Morgans, CPR31.14 requested 7 days and CPR18 was 14 days. Do you have a letter for requesting strike out etc assuming they do not respond.?? Just trying to get everything ready in case they do not answer and bearing in mind i have got to post to the court as the claim number and password still wont accept online so this will shorten the time i have available. (Did speak to the court but they were unhelpful regarding online access.) Thanks VOLVO

Hi CitizenB Not sure when filing date is but,The claim was dated 25th Feb 2010 which was received by me on 3rd March and my postal acknowledgment to Northampton was received SD by them on 9th March2010. However, PT said in his above quote NOT to file a defence but in abscence of any response at all, am wary they could get default judgment if i have not submitted any form of defence at all.

UPDATE No response from Morgan (Cabot) for CPR31.14 and CPR18 request sent on 8th March 2010 or CPR15.5 extension request sent 11/3/10. Bearing in mind other posters quoted question, should i be doing anything else to progress this, as i too am concerned they will get judgment by default by ignoring my requests, and also as i cannot access claim online will need to send defence or whatever, earlier than normal due to having to send by royal mail special delivery postage. VOLVO

Thanks all PT - Letter requesting time extension of 28 days ready and being sent in the morning by Royal Mail SD to Morgans under CPR15.5 and have requested disclosure of docs in their POC statement under CPR 31.14 Have also copied the court notice of the above requests. Anything else i should be doing, or is it now just a case of waiting for them. VOLVO

Foolishgirl suggested sending a short embarrased defence to Northampton and copied to Morgans due to the limited POC on the claim form in her Post No.88 where she posted up the sample letters to send. These letters have now "disappeared" from her posting!! So, should i still be sending them OR should I be sending the DN defence (amended to include CCA non-compliance etc ) as posted by Cerberusalert in Post 84. Also, am i supposed to send in a Court Bundle of the documents I have received so far which are relevant, such as application form, default notice, NOA etc with either of these defences or does that come later, as i have all documentation for both accounts going back to 1999. The claim was dated 25th Feb 2010 so just to be sure as when i have to submit any defence to the court as i cannot get access to the online as it will not accept the claim number and password, so my defence will have to be posted in to them at an earlier date to ensure receipt on time due to this.(did speak to court about online problem but they were not helpful). Grateful for advice on how to proceed so i can get moving, as i am sure time is ticking by. Many Thanks VOLVO

subbing mark, good luck VOLVO

How would i seek an extension of time to file defence as PT suggested VOLVO

Thanks PT Sent by SD the CPR31.14 and CPR 18 request today to morgans for delivery tuesday. They have not specified the account numbers of the two credit cards in their claim, only the cabot reference numbers. Should I still send the letters Foolish girl suggested in post no.88 and where can i view cpr15.5 Thanks VOLVO

Thanks CitizenB I have given it a great deal of thought and decided to proceed with defending on the basis of:- 1. CCA o/s, no original terms supplied. 2. Non-Conforming Default Notices. 3. Possible defective NOA 4. Claiming S69 interest. Have now raised CPR 31.14 and CPR18 requests to go SD to Morgan on monday and also acknowledgment to defend to Northampton again by SD on monday. What exactly should i be now doing next. Thanks for your assistance and hope you can assist me further with the defence in due course. VOLVO

Hi Foolishgirl, it was not personal, but thanks for taking time to respond, just didnt want to flog a dead horse if you know what i mean with Cabot. OK, back on track now, Acknowledgment to defend going to Northampton by SD tommorow as cannot connect online with password. Am now sorting the CPR31.14 and CPR18 request to go to Morgan Solicitors (Cabot) for tommorow also by SD. Thanks for sorting me out and what now is the next step i have to get sorted. VOLVO VOLVO

Thanks everyone for your input. CitizenB Little unsure as to whether i have a strong enough case to defend with as the comments received appear to be a little negative and lacking confidence, in my opinion, on my chances of success with this Bank One and Barclaycard claim from Cabot(Morgan). My defence appears to be: CCA o/s, as still not received the original T&C's (only received current ones for Bank One and none at all for Barclaycard. DN's, possibly weak S69 Interest, strong case for it not to be allowed. As the acknowledgement of the claim advising intention to defend is not being sent SD by me until tommorow (mon) i am wondering if i have a very little chance of success whether i would be better sending an admission of partial claim agreeing the two credit card debts but disputing their right to apply s69 interest. Would welcome your comments VOLVO