https://www.consumeractiongroup.co.uk/forum/showthread.php?272699-Help-Filed-CPR-31.14-request-no-response-..-now-what-(3-Viewing)-nbsp&p=5157422#post5157422

How did you get on with this?

I know it's been 7 years but I am curious!

It probably back fired hence the OP never returned......never make application to force disclosure pre allocation...at a cost of £100/£255 and a risk of costs is it really worth it when the claimant will have to disclose anyway after allocation ?

Andy

Hi all.

It's been an absolute age since I last posted a case of my own here!

Not sure if I stand a chance but really need some assistance before I make a set-aside application.

I probably should have come here first when it was all going on but I had a very ill daughter to care for at the time.

Lowell issued a claim allegedly for an old Capital One account in July this year.

I did AOS by post and also requested inspection of docs under CPR 31.14.

I didn't hear anything from them and wrote to them again reminding them of the request.

They finally responded in August after they had obtained judgement in default as I hadn't submitted a defence.

They stated that they hadn't received my requests (Edit) but as guesture of goodwill would seek the information from their client.

It's since come to my attention that I should have submitted an "embarrassed defence"

At the time my daughter was very ill in hospital and I was spending 10 hour days caring for her whilst she was there and then just as long when she was finally allowed home, so this one got away from me.

To date they have sent a copy of a credit agreement from Capital One and some statements but they have not sent my the Notice of Assignment or Default Notice that I requested.

Should I apply for a set-aside based on the fact that they didn't comply with my request?

Any advice would be greatful appreciated. I've erring towards applying for a set-aside but £255 for the application is making my eyes water!

Thanks in advance all.

It probably back fired hence the OP never returned......never make application to force disclosure pre allocation...at a cost of £100/£255 and a risk of costs is it really worth it when the claimant will have to disclose anyway after allocation ?

 

 

Andy

Yikes!

I asked for docs under CPR 31.14 but it was ignored and Lowell got default judgement as I didn't put in a defence. I kinda lost track of the claim due to crap stuff happening at the time.

I wonder if I might still be able to get a set-aside? I've asked the question on my thread here:

Lowell default judgement

What do you think?

You cant set a side because you forgot to submit a defence....dont waste your fee.

Thanks Andy.

I didn't forget, I just didn't realise that I still could submit one despite not having my request complied with. Can I not explain that to the court?

Not really.....CPR requests have no bearing on court claims whether they respond to it....or not .....its simply used to add leverage to a holding defence and is purely a civil request.

You must always adhere to the court time frame (33 days) irrespective of what you request and never delay submitting that defence.

Andy