Would you accept?

10past6

never-in-doubt wrote: »

They will be knacked next week when i;m away for a few days! :D:D

Oooooooooooooooo good gawd!! :eek:

Think I'll stay under the duvet :rotfl:

ricky_balboa

Im filling in the "Acknowledgment of service" , do i need to fill in the box with the claimant name and defendant name to the right-hand-side underneath where the name of the court is and claim no?

Just to confirm, if im disputing the claim (which i am):-

I fill in the Acknowledgment of service and return it to the law courts in Swindon by special delivery, and do nothing else.

ricky_balboa

I sent the acknowledgement of service to the court a few days ago by special delivery.

I have also received a letter from Nationwide stating that they have my SAR request and will reply within 40 days.

You mention that i have to fill in a defence within 14 days, but i thought that by saying im disputing the claim i would get another 28 days?

If im to write/send a defence, am i basing it on the default letter, the fact they havent sent me my CCA after 2 requests (3 including SAR request) and the faults made with the claim to the court?

Whats my next move please?

thanks again

Ricky

10past6

ricky_balboa wrote: »

You mention that i have to fill in a defence within 14 days, but i thought that by saying im disputing the claim i would get another 28 days?

You have 14 days to acknowledge service and a further 14 days to submit a defence = 28 days

ricky_balboa wrote: »

If im to write/send a defence, am i basing it on the default letter, the fact they havent sent me my CCA after 2 requests (3 including SAR request) and the faults made with the claim to the court?

Correct

ricky_balboa wrote: »

Whats my next move please?

File your defence

ricky_balboa

Im in a panic :eek:

Ive just realised ive filled in the wrong box on the acknowledgement of service.
Of the 3 choices:-

1. I intend to defend all of the claim.

2.I intend to defend part of this claim.

3.I intend to contest jurisdiction.

I choose 3!
I stupidily misread the form wrong, i cant believe how i decided 3 was the one i wanted.

What can i do now to sort this out??

thanks

Ricky

10past6

Contact the court direct tomorrow during office hours and inform them of your mistake, follow it up in writing what your amended “acknowledgment of service” should read.

ricky_balboa

Im just sorting out my defence letter to the court.

I have been reading other threads on similar backgrounds to my case.
people have been sending a letter to the claimants on the basis of:-

Getting Them To Reveal Their Vitals. Using CPR 31.14 to Your Advantage

Is this a letter i should send to nationwide, as they still havent replied to my original CCA request and havent yet sent me paperwork from the Subject access request (just acknowledged that they are going to)?

thanks

ricky_balboa

Been looking at other users "defence letters" , and trying to write mine, but not finding it easy.

I believe the following 6 points are my cause for defence (unless anyone else can see others from my posts/letters):-

1. They have failed to send me a CCA after asking them for it 3 times.

2.The latest default letter they have sent me claims for the entire balance, which im told is unlawful recission as it defeats the intent and purpose of a default notice.It should only be arrears and charges.

3.The default letter gives 14 days to remedy, no postage time allowed for.

4.The default notice says "before date shown" , but no shown date.

5.The default notice gives no date for remedy (i think thats covered in above point though).

6.Nationwide must serve all documents mentioned in claim as its from Swindon county court, this is a clear breach of CPR as they didnt inlcude my mentioned CCA.

They havent yet replied to my Subject access request which was sent on 16th April.

Im going to post up a list of dates to show the procedure of how things are panning out, as ive seen others users have done, to make things clearer.

thanks for any advice with the defence letter, its gratefully received.

Ricky

never-in-doubt

ricky_balboa wrote: »

I have been reading other threads on similar backgrounds to my case.
people have been sending a letter to the claimants on the basis of:-

Getting Them To Reveal Their Vitals. Using CPR 31.14 to Your Advantage

The below is taken from my thread (#34 ) to allow you to understand the concept of Criminal Procedure Rule (CPR)....

Understanding Criminal Procedure Rule (CPR)

Documents referred to in statements of case etc.

31.14

(1) A party may inspect a document mentioned in –

(a) a statement of case;
(b) a witness statement;
(c) a witness summary; or
(d) an affidavit(GL).
(e) Revoked.

(2) Subject to rule 35.10(4), a party may apply for an order for inspection of any document mentioned in an expert's report which has not already been disclosed in the proceedings.

(Rule 35.10(4) makes provision in relation to instructions referred to in an

Disclosure before proceedings start

31.16

(1) This rule applies where an application is made to the court under any Act for disclosure before proceedings have started1.
(2) The application must be supported by evidence.
(3) The court may make an order under this rule only where –

(a) the respondent is likely to be a party to subsequent proceedings;
(b) the applicant is also likely to be a party to those proceedings;
(c) if proceedings had started, the respondent’s duty by way of standard disclosure, set out in rule 31.6, would extend to the documents or classes of documents of which the applicant seeks disclosure; and
(d) disclosure before proceedings have started is desirable in order to –

(i) dispose fairly of the anticipated proceedings;
(ii) assist the dispute to be resolved without proceedings; or
(iii) save costs.

(4) An order under this rule must –

(a) specify the documents or the classes of documents which the respondent must disclose; and
(b) require him, when making disclosure, to specify any of those documents –

(i) which are no longer in his control; or
(ii) in respect of which he claims a right or duty to withhold inspection.

(5) Such an order may –

(a) require the respondent to indicate what has happened to any documents which are no longer in his control; and
(b) specify the time and place for disclosure and inspection.

ricky_balboa

thanks NID,

I take it i should send the letter then.As theyve mentioned my CCA in their claim, but not given me a copy to inspect in my defence?