R&J - thanks for your reply. Letters to the payroll dept (jointly signed by supervisors) have already been done, obviously the message is just not getting through. Would you suggest a seven day letter to the store manager with a copy to head office perhaps? Any tips as to how strongly worded this letter should be? He has been waiting since November!

My son works part-time in one of the large supermarkets. In November he was not paid for authorised holiday, which they have acknowledged. On two occasions they have tried to repay this amount but when doing so have reduced his normal basic monthly wage by the same amount! So, five months later he is still owed the money. I feel he has been more than patient and now want to take this further. Can you advise what the next step should be please? Thanks in advance from a very frustrated mum and a v.poor student!

Still nothing from Restons. Guess it's the embaressed defence then - how close to the 'deadline' should it be sent? Is there anything else that needs to be done meanwhile?

Quelle surprise! No response to CPR request, defence due by the 28th at the very latest.

So, I think I can answer my own question. Send CPR 31.14 in the first instance as I need sight of specific docs and if said docs give rise to requirement of other info, then that's where CPR18 comes in. Is this correct?

Just another quickie please! I note that others in similar situation are sending CPR 18 request rather than 31.14 - does it matter?

Hi Supa and thankyou. Vint - a vulture - oh no ,never as far as I'm concerned, I prefer to keep my imagined image of a smiley Friar Tuck figure - complete with halo of course ! As for your 'enemies', yes I think I can picture you perched in your tree or circling on the winds, just waiting, waiting, for your prey to fall!!

Hello Vint, my little angel, always there! Comments duely noted, will send CPR recorded delivery tomorrow. Then I suppose the game of cat and mouse will start in earnest. Have been following your current battle - God it's frustrating isn't it? Sure you've got a good supply of that stuff you call "falling down water"! Thanks for stopping by, always appreciated. X

Just a quickie! As we have already disclosed to Restons what documents we have, should we just 'invite' them to discontinue or just send CPR letter to see what they produce?? Guesing that they are obliged to produce documents that form their claim. Lastly, sorry if it's a silly question, should CPR letter be signed? Thanks in advance.

Is this ok?.............................. Re: .v. Claim No.[ I have today received the Claim Form in this case issued by you out of the Northampton County Court. I confirm having returned my acknowledgement of service to the court in which I indicate my intention to contest all of your claim. Prior to the issue of proceedings I had delivered a request for the production of the agreement mentioned in the Claim Form and on which you rely. Please treat this letter as my request made under CPR 31.14 for the disclosure and the production of a verified and legible copy of each of the following documents mentioned in your Particulars of Claim. 1.The agreement. You will appreciate that in an ordinary case and by reason of the provisions of CPR PD 16 para 7.3, where a claim is based upon a written agreement, a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the originals should be available at the hearing. Further, that any general conditions incorporated in the contract should also be attached. 2.The default notice. 3.The termination notice. You should ensure compliance with your CPR 31 duties and ensure that the documents I have requested are copied to and received by me within 7 days of receiving this letter. Your CPR 31 duties extend to making a reasonable and proportionate search for the originals of the documents I have requested, the better for you to be able to verify the document's authenticity and to provide me with a legible copy. Further, where I have requested a copy of a document, the original of which is now in the possession of another person, you will have a right to possession of that document if you have mentioned it in your case. You must take immediate steps to recover and preserve it for the purpose of this case. Where I have mentioned a document and there is in your possession more than one version of that same document owing to a modification, obliteration or other marking or feature, each version will be a separate document and you must provide a copy of each version of it to me. Your obligations extend to making a reasonable and proportionate search for any version(s) to include an obligation to recover and preserve such version(s) which are now in the possession of a third party. In accordance with CPR 31.15© I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request. If you require more time in which to comply with this request you must tell me in writing. You must tell me before the time for compliance with this request has expired. In telling me you require more time you must tell me what steps you have taken and propose to take in order to comply with this request and also state a date by when you will comply with this request. In addition your statement must be accompanied with a statement that you agree to an extension of the time for me to file my defence. Your extension of time must be not less than 14 days from the date when you say you will have complied with my request and you must state the new date for filing my defence. If you are unable to comply with this request and believe that you will never be able to comply with this request you must tell me in writing. Please note that if you should fail to comply with this request, fail to request more time or fail to agree to an extension of time for the filing of my defence, I will make an application to the court for an order that the proceedings be struck out or stayed for non-compliance and a summary costs order. I do hope this will not be necessary and look forward to hearing from you. Yours faithfully

Hi all, Guess the inevitable has happened, summons received from Northampton today. Dated 26/03/10 , will acknowledge on-line today, to defend all and will send CPR 31.14 to Restons. No documents sent with claim. Can you please confirm that a defence will need to be filed by 28th April at the latest?? ................................................................................................... POC The claimant claims payment of the overdue balance due from the Defendant under a contract dated on or about ../../19.. in the sum of £..../.. inclusive of interest to the date of this summons at 19.8% per annum from../../10 to 25/03/10. PARTICULARS a/c no:- DATE ITEM VALUE ../../10 Default Balance Post Refrl Cr NIL 25/03/10 Interest TOTAL £..../... Together with:- interest pursuant to contract at the rate of 282.28 pence per day to the date of Judgement or sooner payment. ...................................................................................................... Site team - perhaps this thread should now be moved to the legal forum, thankyou.

Hi SB, Albion are writing to us once a month and we too have had visit despite sending letter. We're simply filing the statements and letters. For the time being, there's not much else we can do and at least the phone calls have stopped!

Thankyou PT, you have been most helpful.

Ok, thanks for that. May need to come back to you later for help in filling in form if that's ok. If request for set aside is granted, assuming due to papers being served to wrong address, what happens then? Does the claimant then have to issue a new claim? Sorry if that's a silly question!

Yes, think we're ok with the Set Aside. Am more concerned about the imminent intended visit. Should we send the Statutory Declaration?

PT, The WPA was posted through our door by one of the well known 'collectors' on this forum, in our absence. This was the first we knew of any CCJ. Husband phoned them explaining we knew nothing of the CCJ and informed them the vehicle did not belong to the business and that the business holds no assets at our home address or otherwise. He was asked to fax copy of log book, which he did. Then received letter stating: "This execution has not been settled and I now write to give you fair warning that my Officers will attend at your premises with REMOVAL CONTRACTORS on (date). The purpose of this visit is to seize and remove sufficient of your goods to satisfy this writ."

Hi PT, Judgement date not known. Circa £1400 plus bailiff fees raising it to over £1900, they say we have to contact the claimant for further details. They have already tried to put a WPA on a vehicle in our absence; we have provided the log book proving ownership. Can you advise what to do please?

We have a Ltd Liability Partnership that has apparently been issued with a CCJ for which we have never received any paperwork. Can only assume that details were sent to our old trading address which we vacated last year. Business now registered at our home address and we have received notice of intended visit from bailiffs. We know we can apply for judgement to be set aside but firstly, we want to stop bailiffs visit. Nothing at our home belongs to the business - it has no assets. Have found the Statutory Declaration letter template - is this appropriate and as we have adult children living here, should their names be listed also? In addition, should we state that the business has no assets? Thanks in advance for your guidance.

Hi SFU, I am assuming that by requesting repayment of the whole amount outstanding without issuing valid D/N, that they have unlawfullly rescinded the alleged contract. Can anybody confirm,am I correct?

Have now received letter direct from MBNA threatening charging order as they know we are homeowners! Have they given up using Optima then !? Do you think we should write accepting their termination (they ask for total balance) even though we have not receieved D/N or T/N ?

Thanks Pinky, think I'll put a 'post-it' on the inside of the door so I'll definately be ready if there is a next time. Shame OH was out 'cos had he been here she would definately not be calling back!!

Hi Alf, Said she was calling on behalf of Egg so Capital Credit Agencies / Resolvecall. Caught me completely unawares as we have no contact from them in a long while. Isn't it annoying when you can't think of the appropriate response at the time! Just sent me into panic mode for a while, next time (if there is one) I'll be ready - hopefully !!

...............we have received a doorstep visit despite having sent the "no visit template letter" and the company concerned had acknowledged this? OH was not at home, I did not confirm that he even lived here and asked lady concerned to leave. Said she would have to call back ! All advice gratefully received.

Hi DD, Short answer is no. Letter sent by himself, typed name at bottom.

Update: Response from SRA regarding Optima - complaint dismissed, no grounds!! That was a waste of a stamp then! Have still not received D/N or T/N but continued requests for payment of o/s balance!