County Court Claim - CPR15.5. Help to write to Court

[Nuru]

Hi,

I'm quite unconfident with writing (inc. letters, forums...)

but will try my very best to be clear and readable.

 

 

I have viewed many cases here and learned much, but still struggling.

 

I have a Claim against me (Credit Card) and have done all the necessary CCA CPR31 requests etc.

 

My deadline for filing defence is tomorrow, and

have now received a letter from claimant's Solicitors AGREEING extension of 28 days to file defence.

 

 

..I will come back here and post more details another day very soon,

but due to extreme anxiety and research time

I don't have the strength to do it yet (really need to get some rest).

 

For the moment please could anyone help me construct an email to inform them

(courts) of the wish to have the extension of time of 28 days to write the defence under CPR15.5.

 

I have spoken to the court (Northampton) and lady told me first that I should submit the Defence by due date (17/01),

but after I insisted I had a right to the extension she said I could email (CCBC Defendants) explaining,

and attaching the letter from claimant/solicitors. (Writing them won't reach them in time).

 

She didn't seem confident with this, and she also did say, after I asked whether I'd get acknowledgement,

that they will first have to enter it into the system (but didn't give a positive reply).

 

I hope I'm right about this...? It won't fall into "no defence submitted therefore CCJ"?

 

I appreciate I should be able to construct the letter/email myself but my ability with these things

are not really that good (and didn't want to risk being unclear),

and I couldn't find examples anywhere (searched for almost 4 hours).

 

I will post my story so far when I've recuperated a little (it has really taken a heavy toll on me).

Please help/advise.

[honeybee13]

Hello and welcome to CAG.

 

I'll move your thread to the financial legal forum and leave you a link to follow from this forum. The guys should be along during the course of the day.

 

My best, HB

[Nuru]

OK, thanks.

[honeybee13]

Once you've resolved the extension issue, the guys are going to need information in order to advise you.

 

Please would you have a read of the forum stikky and tell us the information requested? It's a different form if you're in Scotland.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-December-2014**

 

HB

[BankFodder]

You don't need to worry about informing the court. The fact that you have a letter agreeing to an extension of the deadline is good enough – and the claimants will not go and apply for judgement. If they did, you would easily be able to set it aside because you can show that they have agreed in writing to extend the deadline for filing the defence.

 

Make sure that you keep the letter safely. Now start working on your defence. If you let us know a bit about the detail of it all, then maybe we can help you.

 

You would only need to let the court know if for instance a hearing date had been set and you needed an adjournment. In that case you would need to write to the court.

 

The deadline for filing a defence is not really a deadline. It is simply a day after which the claimants can apply for judgement if they wish – but they are not bound to do so on that date. The rule is that even if you are beyond the time for filing the defence, as long as you get your defence in before the claimants apply for judgement then you are safe.

 

It is inconceivable that a professional firm of solicitors would write you and agree to an extension of time and then go back on their word. It would be completely unprofessional and of course the judge would treat it as an abuse.

[Nuru]

Hi Bankfodder. Thanks for your reply.

I'm really uncomfortable relying on the professionalism of those type of solicitors - I'm sure I've read here some examples of near malpractice by them.

 

 

I can't write a proper defence anyway without any further details (letters, forms, copies...) of the agreement, assignement to DCA etc etc., and I don't want them to be in control of timings...I'd rather give them the 28 days to produce the required CCA etc. or I will put that in my defence when I write it then.

 

 

I will put a fresh post all the details of the Court Claim (Credit Card by Monument around 2001, taken over by Cabot), and ask for directions as I'm sure i'll need them. But my brain is now a total mush and I really desparately need to get some rest - I can't focus on the details and fearing a relapse in my health.

I do appreciate and understand what you say though, and really thanks for taking the time to write to me.

[Andyorch]

Just to be on the safe side

 

Agreement extending the period for filing a defence

 

CPR 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.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?406105-LEGAL-CPR-15.5-Requesting-further-time-to-submit-a-defence.

 

Regards

 

Andy

[Nuru]

Thanks indeed for that Andy.

I will email the courts (via email given) and write a brief note saying that I am notifying them as per CPR15.5 of the extension of 28 days with the letter from claimant's solicitors attached.

 

 

I will post a new thread with the details of the claim and to summarise where I am at this stage. I will probably seek some guidance about writing the defence in due course.

Will need to do some more reading as I've already forgotten what I've learned (about the defence) from past cases here.

 

 

Thanks again to both yourself and Bankfodder!

[BankFodder]

Just to be on the safe side

 

Agreement extending the period for filing a defence

 

CPR 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.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?406105-LEGAL-CPR-15.5-Requesting-further-time-to-submit-a-defence.

 

Regards

 

Andy

Blimey - that's the second time in a week that I didn't know what the rules are.

Sorry

[Andyorch]

I would recommend you get it away today before 4.00pm...as your defence is due tomorrow...ideally you would submit a defence today as the system shuts down over weekend...therefore to submit a defence tomorrow would only be processed on Monday morning...which technically is 2 days late?

[Nuru]

Have just now sent the email with the letter of agreement of extension.

The (court) clerk did tell me earlier on the phone that if deadline falls on a day the court is closed, then it carries over to the next working day before 4pm.

My fear is that they won't process it for days and then they can (and have done in other cases here) see it as deadline missed.

I'll follow it up on Monday.

[dx100uk]

Thanks indeed for that Andy.

I will email the courts (via email given) and write a brief note saying that I am notifying them as per CPR15.5 of the extension of 28 days with the letter from claimant's solicitors attached.

 

 

I will post a new thread with the details of the claim and to summarise where I am at this stage. I will probably seek some guidance about writing the defence in due course.

Will need to do some more reading as I've already forgotten what I've learned (about the defence) from past cases here.

 

 

Thanks again to both yourself and Bankfodder!

 

 

keep to this thread

 

 

we'll sort the logistics out for you

 

 

dx