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  #1  
Old 11-12-2007, 12:27 PM
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Yaff Yaff is offline
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Default Question about county court claim

When the defendant has sent the AOS they have 28 days to file thier defence, does the 28 days include weekends and bank holidays?

Sorry if this has been answered elsewhere, i couldnt find it if it has.

Another question:

If the claimant is claiming for an incorrect amount (forgetting about the particulars for the minute) and the defendant has hard proof this is wrong, by submitting a defence against this item only and not including my main defence (i have one already prepared as to why i am not paying) will the fact that they are trying to claim an incorrect figure get the claim thrown out or are they likely to cancel the claim and re-issue another one?

What i dont want to happen is i add the fact that the figure is wrong into my main defence, file it all, the claimant then cancel the claim (due to the incorrect figure) issue a new claim and during this time they have had a sneak preview of my defense and gets a head start.

Or i dont want to miss the main defence out (in the hope they will resubmitt) they dont resubmitt and i have lost my chance of putting all the nitty gritty stuff to the judge and i am relying on the defence of the incorrect figure only.

What do you think?
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  #2  
Old 11-12-2007, 12:57 PM
m55dlc
 
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Is this the same one we were dealing with before?

What happened in that instance?
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  #3  
Old 11-12-2007, 01:07 PM
m55dlc
 
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Quote:
Originally Posted by Yaff View Post
When the defendant has sent the AOS they have 28 days to file thier defence, does the 28 days include weekends and bank holidays?
As far as I know (please correct me) but when 28 days are stated, these include weekends and bank holidays and the response must be filed by the 28th day (or on the previous working day if it is not a work day or it falls on a bank holiday). We have seen that this deadline is frequently broken by others and indeed the court may well issue a letter giving a further 7 or 14 days if this deadline is not completed by. This additional time does not apply for acknowledgement of a claim or for the defence.

Hope this helps
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Old 11-12-2007, 01:10 PM
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No this is completely difference case, this is not related to consumer credit. As for the other one, it has gone quiet not heard a peep out of them.

This case relates to a Property Management Company. I own a flat for which it is leasehold. I have been in dispute with the managing agents (who i pay service charges to) since April 2006. Bascially the managing agents have failed to issue accounts, (at all and on time), failed to allow the owners access to the invoice paperwork relating to service charges and various other stuff which renders them in breach of the Landlord and Tenant Act, hence why they are not getting a penny for a particular period. (and this is my right...i have checked)

Last edited by Yaff : 03-01-2008 at 09:06 AM.
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Old 11-12-2007, 01:12 PM
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Quote:
Originally Posted by m55dlc View Post
As far as I know (please correct me) but when 28 days are stated, these include weekends and bank holidays and the response must be filed by the 28th day (or on the previous working day if it is not a work day or it falls on a bank holiday). We have seen that this deadline is frequently broken by others and indeed the court may well issue a letter giving a further 7 or 14 days if this deadline is not completed by. This additional time does not apply for acknowledgement of a claim or for the defence.

Hope this helps
That does help. I have included weekends and bank hols in the 28 days, was just double checking in case i had a bit more time.
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Old 11-12-2007, 01:20 PM
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Something else that concerned me was this:

If i do submit my main defence at this stage and adding the matter of the incorrect figure, between them getting my defence and them responding are they allowed to issue the paperwork to me that has been missing all this time (paperwork highlighted in the defence), tell the judge it has been issued and get judgement if i still dont pay?

Surely notices and invoices can only be issued within the correct period, if they issue it, say today and put todays date on it but it relates to two years ago, can that be accepted as being issued eventhough it is about two years too late?

I realise this website is for consumer credit but it is the general procedure i need to get straight.

Last edited by Yaff : 11-12-2007 at 01:22 PM.
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  #7  
Old 11-12-2007, 01:24 PM
m55dlc
 
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PM Lefty with that question, I'm not able to answer it. I think I scared Pers off of this one. Also, include Terminator in your PM, I think this falls pretty squarely in his court.

If you don't get a response from them I'll nudge them for you.
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  #8  
Old 11-12-2007, 01:52 PM
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FANTASY CHARGES FANTASY CHARGES is offline
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NOW ON THE Mcoll claims

we think there is only room to enter one interest rate usually they enter about 18 % ----- however some credit cards have vastly different interest charge rates for

(a)cash advances as opposed to
(b) credit advances

so it is worth checking what ratio you alleged debt is in
If you are any good at maths

However the amount might be negligible


But worth mentioning for others

On reading the rest of the thread see the case is not about cc act
But will leave that bit in for others



=======================

The best way is to ring the court

But remember it now says on the back of a blue court claim (an effective but not marked page 2)

And it now says The day of service ( think this is new as opposed to date) is taken as 5 days after the issue date shown overleaf

[they have at last realised date of postmark does not exist as there is never a postmark due to business post]

have just done a check on a practical case and yes 28 days turns into 33 days [NOTE during the period in question there are no bank holidays ]

this is when you notify that you are to enter a defence to get the extra 14 days

you CAN ALSO make a CPR PART 18 REQUEST ( OR EVEN A PART 16 SO HAVE RECENTLY LEARNED)

===========================
Now there is a “trick” going on with some landlords where somehow they offer you “finance” at about 26% per year on “landlord charges”

Last edited by FANTASY CHARGES : 11-12-2007 at 01:58 PM.
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  #9  
Old 11-12-2007, 03:00 PM
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Yaff, this is in Terminators area as he works with this all day. Lefty is also the expert we can rely on. I would PM both of them
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  #10  
Old 11-12-2007, 03:32 PM
m55dlc
 
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DL: I refer the right honorable member to the response I gave an hour or two ago
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