Jump to content

darrensimkins

Registered Users

Change your profile picture
  • Posts

    3
  • Joined

  • Last visited

Everything posted by darrensimkins

  1. Thanks everyone, Sent letter off today. Point taken about the name, what is the best way to go about changing my sign in name? i have gone on to my profile and then clicked on contact us but have heard nothing back, One more thing though what should i write on the defence and counterclaim form thanks
  2. Hi 42man thanks for the reply, I finally worked out how to post pictures The debt is for a capitol one credit card took a bit of paper searching this account has been passed from pillar to post, i have just had a look at are paypal account and there payment status is showing ok but we did miss a payment in feb this year Thanks
  3. Hi all could do with some advice on the following matter- We have been paying are creditors through pay plan for a number of years when out of the blue the following letter and claim form arrived, the only reason we can think of is a recent change in circumstances that has led to a reduced payment and a payment that was made late last month(now been paid) payplan said they would be notifying are creditors of the late payment, we have never tried to fight anything like this before but after a recent charging order (gaining interest daily) that was granted to another company for another dept that we were paying we believe enough is enough I have found the following letter on another thread should i send this? and what should i write on the acknowledgment of service if anything yet? I am not sure how to post docs and hope i have posted them correctly so they can be read Thanks Dear Sir, Re: (Claimant's name) v (Your name) Case No: CPR 31.14 Request On (date) I received the Claim Form in this case issued by you out of the (Name) 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. That request was ignored][delete if no such request was delivered] 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 / the] document(s) 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 original(s) 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* 4 statements for the duration of the agreement You should ensure compliance with your CPR 31 duties and ensure that the document(s) 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
×
×
  • Create New...