Speedloan claimform **Claim Discontinued - WON!**

[I've got no money]

Thanks for exlaining the AOS...

So at any point up to the court case you can drsft a Tomlin letter or is there a deadline to this ?

 

When you recommend a pyment amount can you also stipulate you only want to pay what should be owed or would these agreement be for the amount that the creditor is claiming for ?

 

Yes - you can try and get a Tomlin order at any point BUT the longer that the case goes on the less likely are the other side to agree to it.

 

Basically you offer to pay a fixed amount at a weekly/monthly instalment its' up to the other side if they accept it.

[jj69]

Yes - you can try and get a Tomlin order at any point BUT the longer that the case goes on the less likely are the other side to agree to it.

 

Basically you offer to pay a fixed amount at a weekly/monthly instalment its' up to the other side if they accept it.

 

 

Would a judge look favourably on an offer before a court case ?

And does the tomlin order get used on a regular basis in court cases ?

 

Also is their a template on this site for this order ?

[I've got no money]

Would a judge look favourably on an offer before a court case ?

And does the tomlin order get used on a regular basis in court cases ?

 

Also is their a template on this site for this order ?

 

1. In terms of offers and Judges' views - normally an offer would be "without prejudice" - the Judge wouldn't know about it. There is a thing called a Part 36 Offer - these are offers which are made without prejudice BUT if the other side don't get more than the offer at trial - the court is then told about the offer and that then affects costs.

2. Tomlin Orders get used quite regularly by some creditors

3. I don't think that there is template on the site BUT there are threads where people have been offered them and have posted the terms. I'll try and find one and post the link

[jj69]

1. In terms of offers and Judges' views - normally an offer would be "without prejudice" - the Judge wouldn't know about it. There is a thing called a Part 36 Offer - these are offers which are made without prejudice BUT if the other side don't get more than the offer at trial - the court is then told about the offer and that then affects costs.

2. Tomlin Orders get used quite regularly by some creditors

3. I don't think that there is template on the site BUT there are threads where people have been offered them and have posted the terms. I'll try and find one and post the link

 

Thanks for that I shall take a look through the threads but if you can find something I would be grateful if you could post it ...thanks.

[jj69]

1. In terms of offers and Judges' views - normally an offer would be "without prejudice" - the Judge wouldn't know about it. There is a thing called a Part 36 Offer - these are offers which are made without prejudice BUT if the other side don't get more than the offer at trial - the court is then told about the offer and that then affects costs.

2. Tomlin Orders get used quite regularly by some creditors

3. I don't think that there is template on the site BUT there are threads where people have been offered them and have posted the terms. I'll try and find one and post the link

 

Hi regarding my court papers can you give me some advice on the following :

 

On the AOS part I assume it is my address that goes into the 'address to send documents' section ?

 

Also no documents yet (letter sent 1st May ) so tomorrow should be the cut off point.Do I put that in my defence and should I mention the over inflated charges or is that like admitting part of the claim ?

 

I do not need to fill in the Admissions form as I am defending all the claim ?

[I've got no money]

The AOS goes to the court with your address in the box

 

As far as the CPR 31.14 letter you need to do a chasing letter to the other side - tell them that if they don't respond in full that you will apply for an Order.

 

At this stage you don't need to file a defence for another couple of weeks - lets see if you get a reply

[jj69]

The AOS goes to the court with your address in the box

 

As far as the CPR 31.14 letter you need to do a chasing letter to the other side - tell them that if they don't respond in full that you will apply for an Order.

 

At this stage you don't need to file a defence for another couple of weeks - lets see if you get a reply

 

thanks for the reply...I have just been online to do this but was about to post to the court as well...can I trust the court website to update my details as I am tempted to post letter aa well.

Also on the website is has a section for defending do I leave blank or just type defend ?

Re CPR letter nothing in post today and was sent the 1st of May

Is there a template letter in the forums or is it just a basic pull your finger out job ??

[I've got no money]

I know that the online service always works but I'm old fashioned and send the paper copy as well.

 

CPR letter - there isn't a template as such - something along the lines

 

Dear Sirs,

 

Re: their name v your name

case number

 

I refer to the above and to my letter of the (insert date) please find copy enclosed.

 

As you will appreciate my letter of (date) is a valid request under the terms of the Civil Procedure Rules, CPR 31.14/Part 18 (delete which isn't relevant). I am concerned to note that the time for a response to my request has now expired.

 

I should therefore advise that if I do receive a complete and substantive response to that letter by (insert date 9 days later) that I shall have no alternative other than to apply to the County Court for an Order for compliance. In such eventuality an application for costs will of necessity follow.

 

I await your most urgent response.

 

Yours faithfully

[jj69]

I know that the online service always works but I'm old fashioned and send the paper copy as well.

 

CPR letter - there isn't a template as such - something along the lines

 

Dear Sirs,

 

Re: their name v your name

case number

 

I refer to the above and to my letter of the (insert date) please find copy enclosed.

 

As you will appreciate my letter of (date) is a valid request under the terms of the Civil Procedure Rules, CPR 31.14/Part 18 (delete which isn't relevant). I am concerned to note that the time for a response to my request has now expired.

 

I should therefore advise that if I do receive a complete and substantive response to that letter by (insert date 9 days later) that I shall have no alternative other than to apply to the County Court for an Order for compliance. In such eventuality an application for costs will of necessity follow.

 

I await your most urgent response.

 

Yours faithfully

 

 

Great letter thanks...typing it up now...

 

One other thing the court claim online,under the defending section do I just type defend in the box or leave it blank ?

[I've got no money]

To be honest I can't remember

[jj69]

Anybody else recommend what defence can be placed in the defend area for an online claim or can I jsut state I know additional time to prepare ?

[jj69]

Ok form sent yesterday for next day delivery - Online system says AOS recieved 8th May but also has a question mark and the word none.

When clicked on it states '

Option set to none :

 

If this option is set to 'None' it indicates that action has already occurred on this claim. You may have already submitted forms to the court either manually or electronically. Alternatively, the claimant may have already entered judgment against you.

 

Is this standard or could the claimant have already got a default against me ?

By the way Royal mail said my cpr request was sent to them 02/05/09 and still no docs from them..

[jj69]

I've answered my own question .

Spoke to Court they have the AOS and I now have 28 days to submit defence which is calculated as the 2nd June adding in all the Bank Holidays etc...

Still awaiting CPR request and any other defence info would be most welcome.

[jj69]

Ok have sent off a second CPR request today which gives them until the 22nd of May...

 

I have to have my defence in by the 2nd June so any assistance would be helpful here.

Obviously I can use the non compliance as my defence but can I contact the court and extend my defence period due to the DCA's non compliance ??

[I've got no money]

Ok have sent off a second CPR request today which gives them until the 22nd of May...

 

I have to have my defence in by the 2nd June so any assistance would be helpful here.

Obviously I can use the non compliance as my defence but can I contact the court and extend my defence period due to the DCA's non compliance ??

 

The short answer is yes - if you want to extend time for service of the defence you ask the other side if they refuse you need to apply for an Order on an N244.

 

In terms of doing a defence before the 2nd of June - there is loads of time - At the moment I' really busy with assignments for my uni course but after the 24th of May I've lots of spare time - so I could help draft it then

[jj69]

The short answer is yes - if you want to extend time for service of the defence you ask the other side if they refuse you need to apply for an Order on an N244.

 

In terms of doing a defence before the 2nd of June - there is loads of time - At the moment I' really busy with assignments for my uni course but after the 24th of May I've lots of spare time - so I could help draft it then

 

I appreciate you taking time out from your uni course to assist so thanks.

I will check with the court again just to confirm 2nd June is the final date.

 

I have not even had a reply from Speedloan confirming they are dealing with my request but have noticed their collection dept has been trying to contact me on my mobile,but everything in writing as far as I am concerned.

Is there a template to use if I decide to extend the time from the claimant ?

[I've got no money]

I don't know about a template - all you would do is a letter to them saying that until they provide the information requested that you are unable to file a properly particularised defence and therefore will they agree to extending the time for filing the defence until 14 days after they've provided the info.

 

You tell them if they don't agree that you'll apply for an Order extending time

 

The other option is that you file a holding defence on the basis of the information that you do have

[jj69]

I don't know about a template - all you would do is a letter to them saying that until they provide the information requested that you are unable to file a properly particularised defence and therefore will they agree to extending the time for filing the defence until 14 days after they've provided the info.

 

You tell them if they don't agree that you'll apply for an Order extending time

 

The other option is that you file a holding defence on the basis of the information that you do have

 

 

So for a holding defence can I just state that lack of documentation is the reason.

Is the holding defence easy to do and is there a cost ?

[I've got no money]

A holding defence isn't difficult and doesn't cost anything - if they've failed to respond then you can mention it in the defence

 

Unless you are filing a counterclaim it doesn't cost anything to file a defence.

 

There is a fee on applications to Court of £75 ALTHOUGH you may qualify for remission of the fee

[jj69]

A holding defence isn't difficult and doesn't cost anything - if they've failed to respond then you can mention it in the defence

 

Unless you are filing a counterclaim it doesn't cost anything to file a defence.

 

There is a fee on applications to Court of £75 ALTHOUGH you may qualify for remission of the fee

 

 

I see,so a holding defence can be easily obtained,then again if I have not recieved any documents by the time it has come to submit a defence then in actual fact my defence will be the lack of documents from CPR request.

How long does a holding defence allow you ?

[I've got no money]

The holding defence basically - is what's called a non admission - that is to say I don't know because I haven't got the documents you then pursue the other side through applications for Orders that they produce the documents...

[jj69]

The holding defence basically - is what's called a non admission - that is to say I don't know because I haven't got the documents you then pursue the other side through applications for Orders that they produce the documents...

 

So how does an application for orders work ? and what is the timescale when you apply for this order ?

[I've got no money]

You've asked them for information/documents in a certain time period. If they don't provide them then you do a chasing letter giving them a further 7 days and telling them that if they don't comply that you will apply for an Order - if they still haven't provided the information you then apply on an N244 for an Order that they provide the info/docs wityhin 14 days and they pay the costs of the application. If they still don't give you the docs/info you then apply for an Unless Order - that is an Order that unless they give the docs/info within 14 days that the claim is struck out.

 

The easiest way is to take it stage by stage - we'll guide you through it one step at a time

[jj69]

You've asked them for information/documents in a certain time period. If they don't provide them then you do a chasing letter giving them a further 7 days and telling them that if they don't comply that you will apply for an Order - if they still haven't provided the information you then apply on an N244 for an Order that they provide the info/docs wityhin 14 days and they pay the costs of the application. If they still don't give you the docs/info you then apply for an Unless Order - that is an Order that unless they give the docs/info within 14 days that the claim is struck out.

 

The easiest way is to take it stage by stage - we'll guide you through it one step at a time

 

 

Ok so I sent my chasing letter yesterday and gave them till the 22nd of May to comply.

So if I still do not have the docs I apply for the order...

So if this company do not supply the docs can I basically extend my defence period or just submit my defence as lack of documentation ? Or do I have to give this company more time to supply what is requested ?

[I've got no money]

Ok so I sent my chasing letter yesterday and gave them till the 22nd of May to comply.

So if I still do not have the docs I apply for the order...

So if this company do not supply the docs can I basically extend my defence period or just submit my defence as lack of documentation ? Or do I have to give this company more time to supply what is requested ?

 

See Post 42

 

Lets see what happens - so long as you make sure that the AoS is submitted in time and that any defence/application to extend time is submitted on time there won't be a problem