VOLVO v CABOT (Bank One) Help needed, Court Claim received **DISCONTINUED**

[citizenB]

Volvo, there was a bit of a hiccup yesterday, posts could be seen by the original poster if they went into edit.. but not by the rest of the forum:confused:

 

I thought I had lost the plot when I saw lots of blank spaces where I had been posting. I think it is all sorted now.

[DonkeyB]

Hope the site team didn't buy second-hand database software from a DCA

[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

[volvo]

@PT

 

What is the procedure with a 'Bulk Centre' claim when you send a CPR31.14 to the other side and/or a demand that they replead their claim and all you receive back is a letter acknowledging yours and that they will refer it to their client.

 

Now obviously you have no more information and have no agreed extension. Ok, at this point you should have say 2 or 3 weeks to go, but do you write to them again demanding an extension copied to Northampton? This is typical of certain 'solicitors' that specialise in getting default judgements.

 

Just wondering what 'the correct procedure' is

 

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

[citizenB]

Hope the site team didn't buy second-hand database software from a DCA

 

 

Volvo, if you have not been provided with the information via the CPR requests then I suspect you will need to file an embarrassed defence.

 

When is your filing date.

[volvo]

am i talking to myself?

 

Request the documents they have mentioned in their statement of case

 

Write to them and ask for an extension SEE CPR 15.5

 

get disclosure then defend, do not file a defence if you cant plead as you lose the ability to challenge them on this, if you defend you are taken to have understood the claim against you and therefore have accepted the pleadings are sufficient

 

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.

[gh2008]

Ok, if you do not have an extension you must post a defence on 29th by special delivery.

 

Have you tried ringing the helpline re. sorting out your online access?

 

I'm afraid I don't have the answer re no response from the creditor - I've been asking for a while myself now ......

[foolishgirl]

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.

 

 

Give 'em chance! It's only the 15th.

 

pt is suggesting going for straight for a strike out without submitting a defence on the grounds that they you can't (i.e. no info) & that they haven't complied with CPR31.14 (if they don't) but you would have to make sure that that was submitted before the 29th so how long did you give them to comply with the CPR31.14?

[volvo]

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

Edited March 15, 2010 by volvo
typo

[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.)

 

 

And your CPR15.5 request was the 11th - corrrect? So you need to give them 7 clear days (i.e. +postage) to be seen to be reasonable before you start firing off applications. Did you send them Rec. Del? If so you can check online what date (print out the receipts) they were received & work out 7 days + postage days return for an ETA of repsonses.

 

You have to make a formal application (def. not letter to the court!) for a strike out on a N244 stating (on a seperate sheet) your reasons why you think it appropriate. The form is here:

http://www.hmcourts-service.gov.uk/courtfinder/forms/n244_e.pdf

 

Don't panic about the time - as long as you send by Spec. Del. on 27 March, it will get there by 29th. We are only on the 16th - you have nearly 2 weeks. Update your thread next weekend with responses, if any:rolleyes: & you will get more help then.

[pt2537]

Pick up the phone, speak to the file handler at morgans,

 

ask them if they recieved the letter and for their response,

 

disclosure is key and an entitlement under hte CPR

 

They will most likely agree to an extension, but to reinforce it, i would tell them you are currently instructing legal representation and therefore it is important that you have the extension, to reject it would surely be unreasonable conduct and give a right to an order of the court;)

[volvo]

Thanks PT

 

Will ring them in the morning

 

VOLVO

[markwarnerr]

Volvo - the Claim number uses numerical zero, and make sure you use the proper case for the Claim no. and the password = upper for claim and mixed for password.

[volvo]

Volvo - the Claim number uses numerical zero, and make sure you use the proper case for the Claim no. and the password = upper for claim and mixed for password.

 

Thanks Mark

 

Tried it that way also, no access.

 

Have e-mailed them today concerning access

 

Good Luck

 

VOLVO

[volvo]

Pick up the phone, speak to the file handler at morgans,

 

ask them if they recieved the letter and for their response,

 

disclosure is key and an entitlement under hte CPR

 

They will most likely agree to an extension, but to reinforce it, i would tell them you are currently instructing legal representation and therefore it is important that you have the extension, to reject it would surely be unreasonable conduct and give a right to an order of the court;)

 

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

[volvo]

bump

[pt2537]

Volvo

 

you simply need to write to the court now and advise them that pursuant to CPR 15.5 you have agreed an extension of time for filing your defence and that no request for judgment should be allowed from the claimant

[volvo]

Thank you very much PT

 

Will write and send on Saturday

 

Many Thanks

 

VOLVO

[volvo]

am i talking to myself?

 

Request the documents they have mentioned in their statement of case

 

Write to them and ask for an extension SEE CPR 15.5

 

get disclosure then defend, do not file a defence if you cant plead as you lose the ability to challenge them on this, if you defend you are taken to have understood the claim against you and therefore have accepted the pleadings are sufficient

 

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

[foolishgirl]

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.

 

Did they confirm in writing?

 

Did you write to the court & tell them that this is what had been agreed with the Claimant?

 

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?

 

You can't apply for a strike out until after the 28/04 if you have confirmation that is what you agreed. If you do need to go for a strike out you make the application on a Form N244. It costs £75.00

 

FG

[volvo]

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

[foolishgirl]

No templates Volvo, each case is individual.

 

You state in Part 3 what you are applying for & under which CPRs etc. & then in Part 10 (use a seperate sheet if necessary but make sure your claim no. etc is at the top) you expound as to why you think the court should make the order. (You refer to yourself as the Applicant (not Defendant) on the form)

 

Don't forget to add a clause that the claimant pay the costs of the order. You will also need to send a copy of the letter you sent/rec re. the agreement as to defence deadline etc.

 

If you need further help when it gets closer to your deadline, shout...

[volvo]

Thanks FG

[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

[foolishgirl]

A reminder note to Morgans should definitely help any applic. for strike out on the grounds of non-compliance. Send asasp - give them until next Monday. If they haven't responded by then, suggest you submit your strike out applic. on the Tuesday. If you don't get it by 28th, you will have to inform the court re. defence submission or they may get judgment by default.

 

Is this with your local court or Northampton?