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Moon phases


Brown all CAPS window letter with "Defendant" visible!

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Re: Brown all CAPS window letter with "Defendant" visible!

Post by itheman on Mon Mar 26, 2018 12:26 pm

i have not sent off the CCR or CPR18, i will post today and have printed asking them for 7 days to reply which is next week 2nd and that's my 33 days up!
i would rather ask for 12 days to save them saying i've not given enough time.

i sent the LLP this email:
Dear Michael,

Claim Number E5GC249W

I write with reference to the above claim number in Northampton County Court Business Centre.

Under Rule 15.5 of the Civil Procedure Rules: Agreement extending the period for filing a defence.

As time is of the essence and in order for a timely resolve I ask for 21 additional days. My reply will therefore be filed on or before the 23rd day of April 2018.

Can you please reply urgently.

Kind regards


i didn't realise there were any costs associated and i'm trying to get my new company earning, there is no time and plenty of headache

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Re: Brown all CAPS window letter with "Defendant" visible!

Post by Tiggy on Mon Mar 26, 2018 6:20 pm

@itheman wrote:i have not sent off the CCR or CPR18, i will post today and have printed asking them for 7 days to reply which is next week 2nd and that's my 33 days up!
i would rather ask for 12 days to save them saying i've not given enough time.

i sent the LLP this email:
Dear Michael,

Claim Number E5GC249W

I write with reference to the above claim number in Northampton County Court Business Centre.

Under Rule 15.5 of the Civil Procedure Rules: Agreement extending the period for filing a defence.

As time is of the essence and in order for a timely resolve I ask for 21 additional days. My reply will therefore be filed on or before the 23rd day of April 2018.

Can you please reply urgently.

Kind regards


i didn't realise there were any costs associated and i'm trying to get my new company earning, there is no time and plenty of headache

Let's hope they agree, if they do they're won't be any costs involved. If they don't and you haven't applied to the Court for an extension, then unfortunately, if you go a day beyond the defence filing date they can apply for a Judgment by Default.

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Re: Brown all CAPS window letter with "Defendant" visible!

Post by itheman on Mon Mar 26, 2018 8:28 pm

Thank you Tiggy, it don't just rain does it...everything all at once

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Re: Brown all CAPS window letter with "Defendant" visible!

Post by itheman on Wed Apr 04, 2018 8:16 pm

Hi all, hope a good Easter was a welcome break.

Latest update, any pitfalls to be aware of?

i had NO reply to the above email sent to LLP so i called their office the following day (27th) and was told a message would be passed to his PA.

i spoke with the CCBC 28th and requested N244 and EX160A. Promptly arrived and was given info to fill in online.

29th i sent this to LLP:
On 29/03/18 11:37, Dean Burgin wrote:
> Dear Michael,
>
> I have sent the attached form to the CCBC.
>
> Kind regards
>
> On 26/03/18 11:25, Dean Burgin wrote:
>> Dear Michael,
>>
>> Claim Number XYZ123
>>
>> I write with reference to the above claim number in Northampton County Court Business Centre.
>>
>> Under Rule 15.5 of the Civil Procedure Rules: Agreement extending the period for filing a defence.
>>
>> As time is of the essence and in order for a timely resolve I ask for 21 additional days. My reply will therefore be filed on or before the 23rd day of April 2018.
>>
>> Can you please reply urgently.
>>
>> Kind regards


Received auto reply stating:

I am out of the office on holiday from 29 March to 2 April 2018 inclusive with no access to emails. Please contact my PA, Anne Saunders if the matter is urgent. Service by e mail is NOT accepted.
Michael Giddins
Managing Partner


To which i replied (attached completed n244.pdf) and Anne CCd:
Dear Anne,

I have had an auto responder from Michaels email asking that I contact you if the matter is urgent. I also left a message on 27/03 and was told that Michaels PA would contact me.

The auto responder also says that "Service by email is NOT accepted".
Why are emails not accepted?

Kind regards


Email from Paige / LLP on 29th:
Thank you for your email.

I confirm that we have forwarded your correspondence to our client and will respond to you in due course. Your file will remain on hold whilst we await our client’s response.

Kind regards


Yesterday from CCBC:
Good morning,

Thank you for your email.

The above case was referred to a District Judge today for directions. It can take approximately 3-4 weeks to receive a response.

When the file is returned from the District Judge we will contact you with the outcome.

If you require any further information please email us or contact our helpdesk on the number below.

Kind Regards,

Miss Ana Carvalho
Applications & Orders (CCBC)


Followed today (from Paige) / LLP with:
Thank you for your email.

We confirm that our client is happy to extend the time in which you are to reply to the 23 April 2018 as per your email below.

We look forward to hearing from you shortly.

Kind regards


i sent CCR to Marc Knothe / 1st Credit and CPR18 (with "CCA Request Sent To 1ST CREDIT (FINANCE) LTD") to LLP - both have been received and signed for on 27th.

As above, LLP says they look forward to hearing from me...should i be concerned? What should be done next?

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Re: Brown all CAPS window letter with "Defendant" visible!

Post by Tiggy on Wed Apr 04, 2018 10:00 pm

No, they're expecting to hear from you as you have to serve a copy of your defence on them.

Right you now have until 23rd of April to put together your defence, so start work on it now.

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Re: Brown all CAPS window letter with "Defendant" visible!

Post by itheman on Wed Apr 04, 2018 10:02 pm

Thanks Tiggy,
They have not replied to CCR or CPR18, beg my pardon but i wouldn't know where to start

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Re: Brown all CAPS window letter with "Defendant" visible!

Post by itheman on Mon Apr 09, 2018 7:04 pm

Thanks Pat65, i have gone off this:
http://www.civillitigationbrief.com/2014/05/15/you-can-agree-to-extend-time-soon-but-be-very-careful-five-danger-points-explored/
If anyone can advise for or against that would help us all i guess.

Thinking about this claim, is it always best to counterclaim (not therefore being the defendant)? But what do we have in this position that could be a just counterclaim?
Or should the defence be made up along the lines of no supporting evidence (assuming the CCR and CPR18 are not answered)? i'm getting a little twitchy as time is ticking by

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Re: Brown all CAPS window letter with "Defendant" visible!

Post by pieintheskywhenIdie on Mon Apr 09, 2018 7:26 pm

If you have a reasonable chance of your counterclaim succeeding, then it would make sense to include that with your defence. What's your counterclaim?

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Re: Brown all CAPS window letter with "Defendant" visible!

Post by itheman on Mon Apr 09, 2018 9:03 pm

Nothing comes to mind other than harassment. i really don't know what to do for the best...neither the CCR or CPR18 have been replied to, from what i have read i get the feeling i won't get them.
Does that stand me in a better position?...as the agreement and contract have not been produced?

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Re: Brown all CAPS window letter with "Defendant" visible!

Post by itheman on Sun Apr 15, 2018 10:11 pm

ive been looking into subrogation, does anyone have any experience in this?
Thinking of requesting my right to subrogation to the judge for this matter, therefore taking control of the bond/my equity to settle the claim.

Still no reply from them to the CCR or CPR18.

Should i continue along the lines:
There is no proof of claim despite requests to prove a claim?
Or
Go for subrogation?
Or
Go to court and state im the personal representative of the person who the claim is against?

Any and all advise is most welcome, thanks


Last edited by itheman on Sun Apr 15, 2018 10:35 pm; edited 2 times in total (Reason for editing : Predictive text mistake)

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Re: Brown all CAPS window letter with "Defendant" visible!

Post by itheman on Sun Apr 22, 2018 3:16 pm

Does anyone think this is ok to send - it is titled Motion To Dismiss


Dear Sirs,

Re: 1ST CREDIT (FINANCE) LTD v MR Xxxx Xxxxx Case No: xxxxxxx

Your compliance with your CPR 18 duties has not been fulfilled despite having over 25 days.

As no evidence of a claim been put forward the claim is wholly denied and deemed as fraudulent.

It is requested that the proceedings be struck out for non-compliance and that confirmation the book is closed on the charges is received by my in writing within 12 days. Should this confirmation not be received within this period a claim will be bought against your client for time spent dealing with their claim and duress caused by the claimant. Furthermore if the claim is fraudulent this matter may be addressed.

Yours sincerely,

By;

xxxxx of the family xxx

Authorised Agent and representative for Mr XXXX XXXX.

Implied admission by lack of rebuttal .
No assured value . No liability. Errors and Omissions Excepted.

ALL-RIGHTS-RESERVED.WITHOUT-RECOURSE.NON-ASSUMPSIT

Calls may be recorded.

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Re: Brown all CAPS window letter with "Defendant" visible!

Post by actinglikeabanker on Sun Apr 22, 2018 4:04 pm

@itheman wrote:Does anyone think this is ok to send - it is titled Motion To Dismiss


Dear Sirs,

Re: 1ST CREDIT (FINANCE) LTD v MR Xxxx Xxxxx Case No: xxxxxxx

Your duties under compliance with your CPR 18 statutory requirements duties has not been fulfilled despite being offered having over 25 days to substantiate a claim.

Include relevant CPR 18

As no evidence of a claim has been put forward the claim is wholly rebutted denied and deemed as unenforceable fraudulent.

It is requested that the proceedings are be struck out for non-compliance with statutory requirements and that confirmation that this matter is closed the book is closed on the charges is received by my be sent in writing within 12 days from receipt of this letter. Should this confirmation not be received within this period a claim may will be raised bought against your client for any further costs incurred for time spent dealing with their claim and duress caused by the claimant. Furthermore if the claim is fraudulent this matter may be addressed.

Yours sincerely,

                                                         By;

                                          xxxxx of the family xxx

                             Authorised Agent and representative for Mr XXXX XXXX.

Implied admission by lack of rebuttal .
No assured value . No liability. Errors and Omissions Excepted.

ALL-RIGHTS-RESERVED.WITHOUT-RECOURSE.NON-ASSUMPSIT

                                    Calls may be recorded.

If I were to send the letter I would personally make the above changes in bold/strike.

This isn't an endorsement of the letter just a reflection on the contents.
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Re: Brown all CAPS window letter with "Defendant" visible!

Post by itheman on Mon Apr 23, 2018 9:46 am

Thanks alab, that sounds so much better.

Today i need to reply, is this the best way forward for me?

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Re: Brown all CAPS window letter with "Defendant" visible!

Post by actinglikeabanker on Mon Apr 23, 2018 1:53 pm

Honestly, I don't know and if I were to just say yes then I would not be doing you any favours.

I had a read back through both pages on this thread and it started with receiving a letter and then moved to asking for extra time and now you are requesting that the claim be struck out based upon not receiving the requested information.

Tiggy mentioned above that you have until the 23rd (today) to put forward your defence which is what I presume you are sending. A rebuttal is a valid defence and if they have not sent you information that they are required to do so under statutory rules then it would seem like a potential valid response.

But ultimately, the decision on what to send is down to you.
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Re: Brown all CAPS window letter with "Defendant" visible!

Post by pieintheskywhenIdie on Mon Apr 23, 2018 3:30 pm

I think if this forms your defence it should be clearly labelled as such, and submitted in the correct manner which from recollection is to file with the court and serve a copy on the claimant or the claimant's lawyer. Did you get a response form with the claim?

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Re: Brown all CAPS window letter with "Defendant" visible!

Post by itheman on Mon Apr 23, 2018 3:43 pm

Thanks alab and pitswI,

i literally sent reply seconds before your message pitswI, i concluded what defence can i submit when there has been no reply to the CPR18 request...what do i defend? And as the rebuttal is a valid defence - i did keep the title Motion to Dismiss though

This was sent (to ccbcfees@hmcts.gsi.gov.uk (the only email i have for the court) and to all contacts i have at LLP): email;

Dear Ana,

Thank you for your email.

An extension for time for me to reply was agreed by the Claimant - to today the 23rd April 2018.

A CPR-18 request was made and "recorded delivered" to the Claimants Representative on 27th March 2018 however no reply has been received. Please find attached:
Motion To Dismiss.docx
CPR-18 Letter-LesterAldridge.docx
CCR-1st Credit Copy.docx
CCR-Solicitors Copy.docx

It is noted that around 3pm on Sunday 22nd April (and today) the "Available Options" on the mcol page for this claim state:
"A bar has been put in place on this claim. You cannot respond to the claim at this time."
Can you please advise as to why this is?

Kind regards


Letter copy: Motion to Dismiss;

Dear Sirs,

Re: 1ST CREDIT (FINANCE) LTD v MR Mr XXX XXXX Case No: DSFFWWE

Your duties under CPR 18 statutory requirements has not been fulfilled despite being offered 28 days to substantiate a claim.

CPR 18 and CCR sent to claimant are included.

As no evidence of a claim has been put forward the claim is wholly rebutted and unenforceable.

It is requested the proceedings are struck out for non-compliance with statutory requirements and that confirmation that this matter is closed be sent in writing within 12 days from receipt of this letter. Should confirmation not be received a claim may be raised against your client for any further costs incurred.

Yours sincerely,

By;

xxx of the family xxxxx

Authorised Agent and representative for Mr XXX XXXX.

Implied admission by lack of rebuttal.
No assured value. No liability. Errors and Omissions Excepted.

ALL-RIGHTS-RESERVED.WITHOUT-RECOURSE.NON-ASSUMPSIT

Calls may be recorded.


i guess i'll be crossing my fingers now - unless anything else can be done...

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Re: Brown all CAPS window letter with "Defendant" visible!

Post by itheman on Mon Apr 23, 2018 4:43 pm

So the LLP has replied:

Dear Mr xxxxx,

I write with reference to the above matter and further to your email below.

I kindly request that future correspondence is not sent to my colleagues, Michael Giddins or Anne Saunders, as neither of them are dealing with this matter.

Our client is in the process of obtaining the documents you have requested and these will be forwarded to you in due course. Please find attached our email dated 29 March 2018 confirming the same to you.

We note that the time in which you were to file a defence was extended until today and we await a copy of your defence from the court.  Attached is a list of free independent advice agencies that may be able to provide you with advice or assistance in this matter.

Kind regards


Can they insist on a defence under the circumstances?


Last edited by daveiron on Mon Apr 23, 2018 5:10 pm; edited 1 time in total (Reason for editing : removed personal details)

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Re: Brown all CAPS window letter with "Defendant" visible!

Post by itheman on Mon Apr 23, 2018 4:44 pm

The email referred to 29th March:

Dear Mr xxxx,

Thank you for your email.

I confirm that we have forwarded your correspondence to our client and will respond to you in due course. Your file will remain on hold whilst we await our client’s response.

Kind regards

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Re: Brown all CAPS window letter with "Defendant" visible!

Post by pieintheskywhenIdie on Mon Apr 23, 2018 8:10 pm

@itheman wrote:Can they insist on a defence under the circumstances?
I think maybe they can, or rather the court would need to see something entitled "Defence" and submitted in the normal format.  It's likely that the court might be very mechanical in it's views, claim has been submitted, you've acknowledged effectively saying defence to follow.  Your motion to strike out would normally be submitted in the form of an "application" using form N244 or whatever form is appropriate.   Maybe you could follow up today's submission with something confirming for the avoidance of doubt that the material submitted today forms your defence.   The courts ought to be cutting some slack for a normal person, without legal training, floundering a bit with the technicalities and formalities.

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Re: Brown all CAPS window letter with "Defendant" visible!

Post by itheman on Mon Apr 23, 2018 8:32 pm

Hi pitswI, you guys are great thanks.

i filled out the Defence part of the claim pack, took a photo and sent the court an email titled (Claim# IBYBOOI) - Defence
In the Defence box i wrote see document Motion to Dismiss (also attached)

Dear Ana,

The mcol page still says there is a bar, therefore the option to file defence by that means is not available.

Today is the date the defence must be submitted - please find attached:
EJHBKJNW_Defence_page1.jpg
EJHBJHKH_Defence_page2.jpg
Motion To Dismiss.docx
CPR-18 Letter-LesterAldridge.docx
CCR-1st Credit Copy.docx
CCR-Solicitors Copy.docx

Kind regards and I look forward to your response
xxxxxx


Fingers crossed you're right with the cutting some slack.
Logically how can a case be defended properly without full disclosure of the facts surrounding a claim...that the damn claim is founded on! Added that the time extension was to allow them to reply to the CPR18 request so that a defence could in fact be accurately created.
What a society we are currently stuck in...

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Re: Brown all CAPS window letter with "Defendant" visible!

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