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[creditcardmug]

You have 5+14 days from the date on the claim to file your ACKNOWLEDGEMENT of SERVICE with the court, you then have a further 14 days in which to file your defence.

So send a CPR request to the other side asap by recorded and do not sign it just print, then file your AOS

[creditcardmug]

Ok ive been on MCOL and done my AoS and sent a CPR 18 to Optima Legal but from reading other theads if im right i should of got a POC ,LBA and default notice first which i did not get all i have recieved is the usual demands for payment then the N1.

 

What is my next step do i just wait 14 days for a reply to my CPR 18 ??

 

Regards

 

Leon

 

Hi, youve already got your POC (Particulars of Claim) its on the front of the court summons.

If you have not received an LBA or Default Notice this will go in your defence

[creditcardmug]

You have 33 days from 11th July to file your defence, as you have filed the AOS defending the whole claim, so can you post up the POC removing any personal details, and give a little background i.e. loan./ credit card/ how old is the agreement etc?

We may then be able to help further

 

Oh just realised you have 2 threads running in the same forum about the same thing apparently?

Edited July 17, 2008 by creditcardmug

[creditcardmug]

Sorry, but forget about the Pt 18 request and the CPR letter, at this time they serve no purpose.

 

Start preparing your defence and Pt 20 claim (counterclaim for charges/PPI). Your problem will be that you do not appear to have a defence to the entire claim and so they may proceed to apply for summary judgment in relation to that part which you are unable to reasonably dispute.

 

You will need to muddy the waters with the defence to avoid the above and get to the disclosure stage, whereupon they will have to show their hand (all the docs upon which they intend to rely). You will then find out if they have the agreement as they will have to disclose the same and you can then ask for a copy. Any competent solicitor will ignore the CPR and Pt 18 letters - they are what is known as 'noise' and are premature and indeed technically defective. I appreciate they have been prepared with best intentions, but just put the claimant on notice as to what your about. Far better to ambush after disclosure and sicken them, with a well informed and reasoned argument as to why they should 'drop dead', having wasted their time and clients money.

 

Lets see the POC and we will prepare your defence and Pt.20 claim.

 

Hi, up to now we have sent a CPR request to the claimant and filed the AOS, then waited for claimant to reply, before filing a defence.

Are you saying we should now wait until the AQ stage , and ask the court toorder disclosure of the documents?. If so would the court not think we were not following the correct procedures re CPR?

[creditcardmug]

poc is here although im totally confused now have i taken the wrong route i thought after reading various treads iwas doing right i hope someone can really help me here as aloysiush has thrown a spanner in the works now ph and im disputing the whole claim because not only have they been taking PPI for which it would not pay out due to a stroke i had but also the rampant interest charges that keep going up

 

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Regards

 

Pompeyfaith

 

See above, i have asked aloy for an explanation

[creditcardmug]

The POC is vague and insufficiently particularised, no LBA no agreement, the list goes on plenty for your defence, lets see what comes from your CPR request

[creditcardmug]

From the date on the claim form, you have 5+14days to file your acknowledgement of service, then a further 14 days to file your defence, i trust this makes everything clear.

[creditcardmug]

Phone the court and ask what date your defence needs to be filed by, phone number on front of claim

[creditcardmug]

If the claimant doesn't wish to proceed, they normally issue a discontinuance order, but if they do nothing the court may order a stay or strike out, if a stay is ordered you may have to apply to the court for a strike out

[creditcardmug]

Should i now be preparing my final defence and if so is there anyone that could help me with that.

 

Thank You

 

Regards

 

Leon

 

No, if they decide to continue, the next stage is that the matter will be transferred to your local court, and you will get a form called an Allocation Questionaire to fill in

[creditcardmug]

Well you said you have already filed your defence, you should have made it known in that, as said the next stage is the AQ where you will be asking the court to order them to comply, dont worry, if you ever get to the court you can tell the judge that they didnt comply

[creditcardmug]

So what happened to Aloysius then ?

 

Thats what i was thinking

[creditcardmug]

Don't do anything just wait now for the AQ or not as the case may be

[creditcardmug]

I dont know what your worried about here, the fact that they have not complied with your CPR request is in your favour, it probably means they have nothing!