Baclays Partner Finance- Default Charges CourtClaim issued

[ewgm]

Hi @Andyorch and @Slick132

 

If I ought to accept their request. There is way or formality to write it that I wont put myself in a trouble later. Or its just a formal writting which giving them a permission to seek extra 28 days extension from the court?

 

Please help me on that as well..

 

Cheers

[AndyOrch]

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

[ewgm]

Time starts from the 6th July...if no defence submitted you can request judgment with immediate effect....or you can agree and allow them a further 28 days (CPR15.5)...you can then allow them a further 28 days (CPR 15.5) total 56....but hurry up and decide the court don't like being informed a day before the defence is due.

 

Its your choice

 

Hi @Andyorch

 

Thank you for support and advice. To be honest my heart is heavy and dont trust this bank.

 

However, back to my question on post #23 If I deceide to accept their request for further 28 days to file the defence and after 14 days within the extra 28 days, can I change my mind and request judgement by default?

 

I just want to be sure that they wont start to using loopholes to prolong the claim whilst it should be solved earlier.

 

Your inputs please on my concern above.

 

Cheers

 

*** I followed the link but draft is mainly for defendant and I am the claimant***

However I might use some of the lines once I write email to them (Bank)

[AndyOrch]

Hi @Andyorch

 

Thank you for support and advice. To be honest my heart is heavy and dont trust this bank.

 

However, back to my question on post #23 If I deceide to accept their request for further 28 days to file the defence and after 14 days within the extra 28 days, can I change my mind and request judgement by default?

 

I just want to be sure that they wont start to using loopholes to prolong the claim whilst it should be solved earlier.

 

Your inputs please on my concern above.

 

Cheers

 

No not once you have agreed pursuant to CPR 15.5

[ewgm]

No not once you have agreed pursuant to CPR 15.5

 

Hi @Andyorch

 

Thank you for reply, but I have made my decision not to accept their request. If they want it, they can apply it through the coourt.

 

Their first offer was on monday and I replied on tuesday but they allow another 6 days to come with the extension request whilst failed come with another offer. It shows they are not serious to consider the claim ealy.

 

Its their faulty and I wont be able to pick their pieces.

[AndyOrch]

So now wait and check if they submit their defence by tomorrow.

[ewgm]

So now wait and check if they submit their defence by tomorrow.

 

@Andyorch

 

Should I write reply their email to let them know my position or just be quite and watch?

[AndyOrch]

You can inform them that you are not in agreement to their request as you feel that they have had ample time pre claim you therefore expect them to submit their defence by 6th July and failure to do so will result in you requesting judgment forthwith.

[ewgm]

You can inform them that you are not in agreement to their request as you feel that they have had ample time pre claim you therefore expect them to submit their defence by 6th July and failure to do so will result in you requesting judgment forthwith.

 

Thank you @Andyorch

 

Stay blessed, Sir

[ewgm]

Hi @Andyorch and @Slick132

 

This is the email im going to send to them:

 

 

Dear Sir or Madam

 

 

Thank you for email and I respectfully would like to imform you that I am not in agreement to your request.

 

I do believe that you have had a sufficient time pre my claim to weight your options. Secondly, if the bank was clearly intended to engage with settlement on this matter why it has taken this long since I rejected your initial offer. Finally, if it was in the bank interest to engage with settlement, I do believe your request email would have been presented with the second offer.

 

Therefore I am expecting you to submit your defence by 6th July and failure to do so will result of me requesting judgment by default.

 

 

Yours faithfully,

 

ewgm

[AndyOrch]

Hi @Andyorch and @Slick132

 

This is the email im going to send to them:

 

 

Dear Sir or Madam

 

Thank you for email and I respectfully would like to imform you that I am not in agreement to your request for an extension to submit a defence pursuant to CPR 15.5

 

I do believe that you have had a sufficient time pre my claim to weight your options. Secondly, if the bank was clearly intended to engage with settlement on this matter why it has taken this long since I rejected your initial offer. Finally, if it was in the bank interest to engage with settlement, I do believe your request email would have been presented with the second offer.

 

Therefore I am expecting you to submit your defence by 6th July and failure to do so will result of me requesting judgment by default.

 

Yours faithfully,

 

ewgm

 

just a slight addit

[ewgm]

Hi @Slick132 and @Andyorch

 

UPDATE!!!!!

 

Barclays solicitors emailed me with the attachement of N244 form that they applied further 14days extension through the court.

 

We have to wait for court to grants them extension as requested.

 

I will attach a PDF file later shows the reasons described into N244 form.

 

Stay tuned.......

[AndyOrch]

Was that after you sent your email?

[ewgm]

Was that after you sent your email?

 

@Andyorch

 

Just few hours after I sent the email. She even mentioned that I refused to accept their request. She gave a time frame that they emailed me on the 4th and I replied to them on 5th.

[AndyOrch]

I would now request judgment...let the court decide if they wish to allow the application or disregard...the period for submitting a defence has elapsed.

[ewgm]

I would now request judgment...let the court decide if they wish to allow the application or disregard...the period for submitting a defence has elapsed.

 

Hi @Andyorch

 

What are the procedure to demand the judgement? Or I should call the court to find out the results and demand the judgement by default?

 

I truly appreciate your support Sir!

 

ewgm

[AndyOrch]

You can request judgment through MCOL...(if you submitted the claim through CCBC Northampton MCOL) otherwise manually submit a N225

 

http://justclaim.co.uk/court-forms/N225-request-for-judgement.html

[ewgm]

You can request judgment through MCOL...(if you submitted the claim through CCBC Northampton MCOL) otherwise manually submit a N225

 

http://justclaim.co.uk/court-forms/N225-request-for-judgement.html

 

Hi @Andyorch

 

How are you Sir! I am looking for clarification of which form I should submit to; a N227 request a judgement by default on N225 as you have mentioned above. My claim was submitted through CCMCC.

 

Thank you in advance for your guidance on this.

 

ewgm

[AndyOrch]

You use the N225 ewgm not the N227.

 

http://justclaim.co.uk/court-forms/N225-request-for-judgement.html

 

Regards

 

Andy

[ewgm]

You use the N225 ewgm not the N227.

 

http://justclaim.co.uk/court-forms/N225-request-for-judgement.html

 

Regards

 

Andy

 

 

@Andyorch, Thank you sir!

 

I truely appreaciate your support.

 

regards,

 

ewgm

[ewgm]

Hi @Andyorch

 

UPDATES!!!!

 

Yestereday around 4pm I received an offer from the bank solicitor. The offer came with allot of threat that it the last offer from the bank, they dont understand why I played hard on the them, after I refused to grant them extra time. Despite of the bank expressed its position was into a process of made an offer.

 

Let cut the story short, they made an offer excluding interest nor court fee. However that was not an issue to me but the main concern was the adverse note on my credit file. So I replied back to them yesterday and expressed that I will accept the offer if the bank willing to remove the adverse note on my credit file and refund the court fee.

 

This morning I received another email insist that is the last offer as I refused to accept their request therefore bank will end up paying court fee for the application they made. Second they think its correct for the bank to report to the credit agencies about the diffult.

 

I still have the filled N225 form with me then advice me what I should do now please. As I said my main issue is the adverse note on my credit file.

 

Regards

 

ewgm

[AndyOrch]

Tough nut to crack getting them to remove the default data....they would be in breach of the ICO guidelines if the default is true and true reflection of your account.

 

Andy

[ewgm]

@Andyorch

 

Do you think it will help for me by telling them that they have till 4pm to respond positively about their offer which means refund court fee and declare the adverse data reported about the account by credit reference agencies be removed otherwise I will file the N225 form

[martin2006]

It is a tough nut to crack ewgm but you must argue that the charges are what caused the problem in the first place and without the inclusion of charges on the balance, which you believe to be unlawful, no default would have occurred and as the balance includes these charges, the amounts recorded must therefore be incorrect if they are now offering to refund them.

Stick to your guns with it and if it were me, file the N225 with the court now, no point waiting till 4pm, they wont change the offer by then

Edited July 15, 2016 by martin2006

[AndyOrch]

Possibly...as its a term of your counter claim that the adverse data be removed..then once you have judgment they will have no other option but to comply.