Showing results for tags 'cpr'.
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I don't know if this is the right place to post this. But does anybody know what I should do if a creditor does not comply with CPR rules on disclosing information. I have advised the court that I intend to contest the claim, and have requested information from the creditor under the CPR rules but heard nothing back. Do I enter a defence stating that I have no information on the debt in order to defend it? Is there a form which I submit to ask for a stay on proceedings? ANy help would be gratefully received - I have never done this before. Thanks -
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Last week a very important judgment was released in the High Court in relation to Part 85 'Third Party' claims. Given the importance of the subject, Master McCloud issued a draft decision, and invited the High Court Enforcement industry to provide comments and suggestions, based upon their experience in the area. The reason why the Master was asked to make the judgment is outlined in details in the following post. In this respect, I have referred to the recent news article from The Sheriffs Office. -
Name of the Claimant ? Lowell Portfolio 1 Ltd Date of issue – 17 July 2017 date to submit defence 19 August2017 What is the claim for – 1) The Defendant entered into an agreement with Orange under account reference ..... ('the agreement'). 2) The Defendant failed to maintain the required payments and the service was terminated. 3) The Agreement was later assigned to the Claimant on 18/12/2013 and notice given to the Defendant. 4) Despite repeated requests for payment, the sum of £465.45 remains due and outstanding. And the Claimant claims a) The said sum of £465.45 b) Interest pursuant to s69 County Courts Act 1984 at the rate of 8% per annum from the date of assignment to the date of issue, accruing at a daily rate of £0.102, but limited to one year, being £37.24 c) Costs What is the value of the claim? £632.69 including court fees Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Mobile phone account When did you enter into the original agreement before or after 2007? After Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Lowell Were you aware the account had been assigned – did you receive a Notice of Assignment? No, received one letter and then County Court Claim. Did you receive a Default Notice from the original creditor? I don`t think so. Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No Why did you cease payments? I cancelled the account in full accordance with the original claimant's cancellation procedure. What was the date of your last payment? 26th April 2012 Was there a dispute with the original creditor that remains unresolved? No Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? No. Hello everyone, first time here but I have read a few threads on here and seen the great work you guys do. I`ve got this county court claim that came through (22/07/17) as stated above I have gone through the necessary steps as stated in previous cases, that is Acknoweledgement of service (26/07/17), CPR 18,(27/07/2017) and now I am preparing my defence. My question is to do with the reply for the CPR I got from Lowell Solicitors, I received, the cover letter, the notice that they bought my debt and the notice of assignment from orange( very dodgey). Will post attachment if needed. My first question is, in the cover letter they state that my last payment on 26/04/12 was for £60.72 but in actual fact I paid £120 on that day, as backed up by my online bank statement for that month, should I mention this in my defence and if I should how would I word this properly? Secondly because of the nature of the notice of assignment (no official logo, no traceble name, not very professional) is there a way to dispute the disingenuous nature of the letter. Your assistance will be greatly appreciated .Thanks Mike -
This is my first post so hope format is ok. I took out MBNA credit card (as Abbey National member) over 10 years ago following a change in financial circumstances was unable to make the repayments. I entered into an agreement to pay £1 a month to MBNA and a number of other creditors in 2010. My total unsecured debt is over £50k, and debt to MBNA was approx £16k. This debt was moved on to Aktiv Capital then to PRA Group. I have made these £1 payments since 2010 to all 3 organisations (I believe there may also have been another company in between MBNA and Aktiv but can't find details to confirm) Early this year I received a request from PRA litigation dept requesting payment of outstanding sum on an Abbey National card card or offer of repayment plan. The debt appears larger than I recall at 18600 appx. I responded to confirm circumstances unchanged and couldn't pay the o/s balance. I also requested they send me a copy of the CCA, as they were vague on start date. They have not sent the CCA but have issue court proceedings. I have completed and Back of service and confirmed I intend to defend all of the claim. I gather from forums I now need to issue a CPR, but I'm unsure which CPR to refer to. I've seen ref to CPR 18 but also CPR 31. Which should I refer to and is there a template letter I can refer to or use. At this point it appears to be in house PRA litigation taking action and not solicitor on their behalf so should I send CPR to the litigation department plus separate request to PRA for CCA. Its not clear on court N1 which address I send CPR to as address is PRA Bromley but litigation dept letter came from Scotland address. Any guidance would be appreciated. -
Main .... https://www.scotcourts.gov.uk/rules-and-practice/rules-of-court/sheriff-court---civil-procedure-rules ORDINARY CAUSE RULES) 1993 https://www.scotcourts.gov.uk/rules-and-practice/rules-of-court/sheriff-court---civil-procedure-rules/ordinary-cause-rules Small Claims Rules. https://www.scotcourts.gov.uk/rules-and-practice/rules-of-court/sheriff-court---civil-procedure-rules/small-claim-rules Simple Procedure Rules https://www.scotcourts.gov.uk/rules-and-practice/rules-of-court/sheriff-court---civil-procedure-rules/simple-procedure-rules -
My son has a personal injury claim originally valued at £20k. The solicitor was working on a 25% no win no fee basis. however, a few months ago he found out that the solicitor had failed to advise at the outset that he could have had union backing, so it was agreed they would discount the 25% fee etc. The matter should be going to trial in circa six months, but the soilicitor has now written advising that he wishes to offer the defendent the opportunity to settle for £8k pursuant to CPR 36. This is a 60% reduction on the claim value which doesn't seem right to me. Any advice on this would be appreciated. Regards -
Hi, I read here that on can use an online 'Moneyclaim' service with the Courts. What I am not clear on is if one proposes to take such a course, should a Letter Before Action be issued first, as one would with a 'paper' claim? Thanks in advance for assistance
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Name of the Claimant ? Arrow Global Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to. 4th August 2016 Date of issue XX + 19 days ( 5 day for service + 14 days to acknowledge) = XX + 14 days to submit defence = XX (33 days in total) - 6th September What is the claim for – the reason they have issued the claim? Please type out their particulars of claim (verbatim) less any identifiable data and round the amounts up/down. The claimant claims payment of the overdue balance due from the defendent under a contract between the defendent and Egg dated on or about Mar 30 2006 and assigned to the claimant on Nov 30 2015. What is the value of the claim? £4000 Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? Unsecured loan When did you enter into the original agreement before or after 2007? Before Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. It is the debt purchaser who issued claim Were you aware the account had been assigned – did you receive a Notice of Assignment? Yes Did you receive a Default Notice from the original creditor? Not sure Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No Why did you cease payments? Financial difficulties What was the date of your last payment? June 2011 although they claim July Was there a dispute with the original creditor that remains unresolved? No Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt managementicon plan? Yes Hi I received a claim form from Restons on behalf of arrow global. It's from a loan taken out in 2006. I got into financial difficulties in 2011 after entering into a reduced payment arrangement for a few months I stopped paying. I hadn't heard anything from them until recently. I have read lots of threads and have acknowledged the claim with intent to defend. I realise I have to send a CCA and CPR 31.14 Request. I would like to know whether I can ask for the notice of assignment, default notice, termination notice and statement of account if none of these documents are mentioned in the particulars of the claim? They only mention 'a contract'. Is this covered by the CCA request or should I put this in the CPR 31.14 Request too? Many thanks for your help
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Having received court paperwork from hoist portfolio holding for a old HSBC overdraft And loan all merged into one account. Sent hoist solicitors a CPR request After hearing nothing submitted a holding defence I now have notice of proposed allocation to small claims track Do I need to tick no to small claims track being appropriate as they have failed with CPR request Can only find conflicting information looking online about what to put:boxing: -
Last year I bought a property with a tenant that was entered into an auction. 5 Days prior to me exchanging contracts the vendor had a council letter with a council order to remedy hazard 1 and 2 deficiencies. All 15 of them including damp and re-wiring. He has withheld this from me and as a result 3 weeks after completion council contacted me as a new owner to carry out these repairs. Total cost up to now £8000. I have made a claim against a vendor for the cost of repairs based on the CPR 2008 regulations Misleading Omissions paragraph 6b as I would have never entered into a contract should I be aware of this. The vendor painted over the damp walls and made the property look nice so there was no way of knowing the hidden problems just by seeing it. My case was last month and the Judge stated that I had no legal standing with my claim and on the caveat emptor principle dismissed it. I was never allowed to present my case or ask the vendor any questions. The whole case was about 15 min long during which the Judge talked. The vendor was not asked even 1 question. To take this matter to court cost me £800 already and I feel I have been treated badly and did not get proper hearing. So I wonder how do CPR’s 2008 regulations protect buyers from cheating vendors? Also I feel that Judge failed to deal with all the issues that were put to him as per section 68(2) a and d of the Arbitration Act 1996. In fact he did not deal with any. I am considering an appeal any help/advice would be appreciated. -
On the 10.02.16 I received this : (thanks for not letting me insert a photo, guys, that's a great help, please see attach.) I fired back a defense: ---------------- Of course I simply copypasted the above defence from this forum and assumed that a CPR and a Sec.78 request were one in the same thing. Further reading of this forum informed me that they are, infact, two quite separate and distinct beasts. As I say in my defence , I submitted a CCA on the 21.01 to which they still haven't replied, choosing instead to go to court whilst i waited for them to get back to me. So I seem to have submitted an incorrect defense. What would be the best course of action for me to take? Send in a belated CPR? Not kick sleeping dogs? Write to the court and apologise profusely for my misleading statement? Any advice gratefully accepted, I am well and truly out of my depth with the 'waters' of the cloaca lapping my nostrils. -
Hi, I am currently representing my daughter on the McKenzie friend basis in her claim for unfair dismissal on the grounds of discrimination ( pregancy ) We have followed all the procedures through ACAS and we are currently taking her employer through the Employment Tribunal, which has taking about seven months to get to a Trial which has been listed for next week 4/5th February 2016, this was after a previous hearing. Today i receive a letter from the Tribunal stating that the trial might be postponed on the grounds that despite knowing for a number of months that in any event, the trial would be considered by a panel rather than a single judge because it is a discrimination case, to use this as a reason, and so late in the day does not add up, they would have known months in advance that a panel would need to be assigned, so in using this has delayed even further. The Tribunal are also aware that the Respondents are in abuse of process as they have failed to abide the previous order for them to provide a trial bundle, witness statements and further and better particulars in readiness for the trial next week? Because of this we made an application for the Tribunal to make an unless order for this evidence to be giving as all of it is central to the claim and it had been previously ordered. We have also written to the other side and in anticipating the Tribunal not making the unless order, which seems very reasonable, by stating that we would provide our own trial bundle and giving them seven days to object. Since all of this has happened in the last couple of days, the Tribunal as it would appear are bending over backwards in allowing the previous orders be breached and ignored and they have also giving the Respondents more time to defend a claim that evidently cannot be defended because of the circumstances which led to my daughter being dismissed. Whilst i am not legally qualified as to adjudge it would a appear that (a) she has been denied the right to a fair hearing because her opponents have abused orders which if followed would have allowed the trial to proceed and ( b) the Tribunal could have not only made the request for that evidence to be disclosed, in postponing the trial next week, giving those facts and the excuse of needing a panel, which would have been knowledge as soon as pleadings were made, i feel this is unequal and unfair as the Tribunal are not only allowing orders to be breached, they are also giving the Respondents more time to further breach the orders. My daughter i feel has a very strong case and my theory is that because of the strength of her case, the opponents and the tribunal are doing everything in their power to keep this matter out of court. It is hard enough and most times financially impossible for pregnant woman to establish unfair dismissal claims because they are pregnant, the Tribunal who should protect, if my experiences are anything to go on make it even more difficult by allowing employers the right to ignore orders and as in this case give further encouragement for this to happen again by postponing without reason or justification. Any help would be greatly appreciated by this angry dad:mad2: -
Hi, In short, I received a claim form regarding a catalogue debt going back some time but less than 6 years. I sent a Part 31 CPR request as copied from this forum and I have just received the following response. Any help would be greatly appreciated as they seem to be able to ignore my request. Many thanks. Dear Mr 1970 Thank you for your email requesting disclosure under Part 31 of the Civil Procedure Rules. We confirm this matter will most properly be allocated to the Small Claims Track as this is a simple contractual matter and Part 31 of the Civil Procedure Rules will therefore not apply. In any event the Notices of Default and Assignment left the control of the Claimant when they were dispatched to you. It is the original creditor’s policy to issue agreements at the start of the contract and statements throughout the duration of the agreement and, in this regard, we ask you to refer to your own records. We confirm our client is not agreeable to an extension for filing the defence. As you will be aware a Claim was issued in this matter on 22 July 2015 and we are in receipt of your acknowledgement of service. Please respond to the Claim using the Response Pack provided by the Court. You should comply with the deadlines outlined by the Court in order to avoid a default Judgment being entered against you. We recommend you seek independent legal advice. Yours sincerely Bryan Carter Solicitors LLP -
Hi, I've had a ccj recorded against me for an old debt, I would have defended it via the CPR 31.14 route but was away when the court claim arrived and missed the deadlines. Can I go down the route of requesting the account docs and then applying to have the judgement set aside when they dont comply. (Ive already had this account go down this route with another DCA and they dropped it when they couldn't produce the docs.) I've had to apply to get payments reduced to £50 a month but have yet to send the first payment (due in three weeks.) Cheers for any advice.
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Hi Guys, I sent a letter requesting a CPR 31.14 from Restons solicitors. This is the reply I got can someone please help me as to how I should respond? Thanks
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After receiving court papers for an alledged debt, i sent off the acknowledgement slip back to the court and a cpr 31 to the solicitors dealing with it - they received it on the 14th and i`ve had no reply. What is the next step? Thanks in advance
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Hi All, Recently responded to Claim form issued by the parties named above. Issued CPR request to Restons copying Cabot. Restons have replied stating they will not enter into correspondence with me because I did not sign my letter (I printed my name). Anyone experienced this before? How do I respond? Thought they were legally obliged to provide documents contained in their particulars of claim if asked to do so by defendant?? Thanks.
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Hi Guys, Can anybody tell me how to make an application to transfer procedings started in CPR 8 to main stream CPR part 7, What application form or form of words should I use ? Do I need the court's permission? what happens of court refuses permission to transfer?
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Hi everyone, This is my first post so I apologise if I am in the wrong section for this type of query. A forum member at Moneysaving Expert recommended I ask for help/advice from CAG and I have spent the last couple of hours looking over posts but I just need a bit of clarification if anyone can help......... My husband received a claim form through the post from a county court on Tuesday. The claimant is a DCA and on the claim form they say that a Notice of Assignment has been sent to him to explain that they now own the debt. The sum they are claiming with solicitors costs is just under £6,000 and they state that it relates to the Lloyds Banking Group. My husband had a debt with Lloyds which defaulted in 1999 . The debt is made up almost entirely of bank charges that piled up when he went over his overdraft after he was made redundant. Since then he has lived at the same address but in the intervening years there have been no letters or phone calls...nothing until now. We have filed an acknowledgment to the court and asked for the full 28days but looking through all the posts that seemed similar to our case I think that this is a statute barred debt but if someone could just confirm that they agree or disagree with me I would be very grateful. One big worry that I have got is that the DCA registered the default date as being 2008. This is definitely wrong but does this affect our claim that it is statute barred debt? If anyone can point me in the right direction regarding the correct templates to base our letters on I would be grateful. Do we send any correspondence only to the court or to the DCA as well ? Any advice very much appreciated Thanks in advance Elizabeth -
Hi all, I am owed money by a client and she is "declining" to pay. The payment was due three months ago and although there is a signed contract they are refusing to pay up. I want to take them to Court, but they are playing silly buggers and as they go in and out of the country I am concerned that they will get any judgment against them set aside on the basis that they were not here to defend it. (I know I can fight the set aside, but this is dragging on forever. ) So far she has had the Letter Before Claim, which she replied to by email on the last day specified in my letter and was arguing again that she didn't want to pay. I therefore replied by email immediately that we would leave it to a judge to decide and I specifically asked her if she was going to be in the country for the next 21 days, because I know she often takes trips at this time of year. I asked if the Claim could be sent to her lawyer if she was going to be away. I received no reply. One week later I emailed her lawyer who responded a few days after that to say that the client was out of the country until at least the middle of October. Of course I have no means of knowing when she actually left the country because I wasn't told she had gone until almost two weeks' after I had asked that question. The lawyer said that the client wanted the claim to be sent to her personally, rather than to the lawyer, and this of course delayed things further. Last week I emailed the client again who responded yesterday to say she had been out of the country with no email access (which I don't believe). I emailed back immediately and asked if she was planning any further trips and of course there has been no reply. It's a simple enough question but again she's ignoring it. Obviously if I don't hear by the end of the week I'll email the lawyer again and if she's on yet another trip with an open-ended return ticket everything will be delayed yet again. I would like your opinion. I think it is blatantly obvious that these are all delaying tactics. Do you think a judge would agree? Wouldn't anyone who thought their Defence was good want to get on with it? I would. Also, can I make any statement in the original claim about the delaying tactics? Her reason for not paying, by the way, is because there are certain terms in the contract which state that I will, on the client's instructions, undertake various services. It's quite clear that a client may or may not wish me to provide these services. She did not want me to undertake the services, which I was willing and able to do, saying she was happy to handle these matters on her own. Now she says because of this she does not have to pay me. CPR 3.9 states that an application for relief must be supported by evidence. If I issue a claim and she argues that she was out of the country and could not defend, can I persuade the judge that she must produce her passport. Also, can the email correspondence about her travels be used as evidence to show that she was aware of a pending claim, and could have instructed her lawyers, but chose not to, and completely ignores direct questions about when she will be around. Any thoughts would be very gratefully received. I am absolutely sick of this. DD
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I filed a defence to a claim issued by Arrow Global in April 2011. Heard nothing until today. Recevied letter from Arrow asking for details of income and expenditure. I never acknowledged debt but send £1 in August 2008 for information which they used to reduce my balance. The court claim is for £10210 but todays letter says £9920. Any help please
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I need help cpr practice direction 16 defending statement. Have until Friday to comply with CPR 16.5 and CPR 3.4 -2 Do not know how to post a thread
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Hi and good afternoon. I am wanting the send off a CPR31.14 letter to a DCA. Can you please confirm if I have to enclose any payment with this. Many thanks -
Hi Folks First time here so please be gentle I am assisting my OH who is the respondent in a case brought by Arrow Global Ltd for a debt he didn't know had been assigned to them, originally an MBNA credit card debt. He is in a DMP with StepChange, formerly CCCS and this debt was included in it and according to his StepChange statements, paid off and showing a zero balance. However, this seems not to be the case as his credit report shows a balance £1801 as of January 2013 to Arrow Global Ltd. They say they acquired the debt in August 2010 but no communication (notice of assignment etc) about this was ever received and to all intents OH thought it remained with MBNA and was being paid off. I have helped him with the defence to the claim and filed it online within the prescribed timeframe but we now wish to do an urgent CPR 31.14 request for all the documents listed in the particulars of the claim, none of which have ever been received originally or after doing a CCA 77-79 request on 29th January 2013 which has been ignored. It was sent signed for, recorded delivery. Documents required are notice of assignment, default notice, termination notice and a full statement of account to ascertain what payments have been made and when. OH is also going to take this matter up with StepChange as something has clearly gone wrong with assignment of payments. As we have already submitted a defence but this did not explicitly rely on the fact that legal ownership of the debt has not been proved by way of proof of notice of assignment etc, do we now have to request permission to amend the defence to include this whilst we await the outcome of the CPR 31.14 request ? His defence was he had no knowledge of Arrow owing this debt, he has been paying it via a DMP and has never received any communication that the debt was still owing. Interestingly, Arrow Global were originally using a local but large firm of Solicitors to make their claim, but they are now acting as a litigant in person using their own in house legals. Is this significant do you think ? Why not carry on with the Solicitors appointed if they thought they had a good case ? They have served the appropriate notice N434 though, so that looks in order. Many thanks for your helpful and constructive advice
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Hope this is the right forum - CAG might like to know that the CPR are about to be changed. This is what came out of the Jackson review so there are a lot of changes. See http://www.legislation.gov.uk/uksi/2013/262/made. The changes take effect on 1 April 2013. The following struck me as the main changes: The small claims track threshold is going up from £5,000 to £10,000. A stricter approach to case management. There is provision for the court to contact the parties to monitor compliance with directions, so I guess the courts will be getting more proactive. A stricter approach to breach of court orders. The language around sanctions has been tightened. I suspect people who don't comply with court orders will soon be more likely to find that their claims get struck out. The AQ is being replaced by a "directions questionnaire". Don't know what this will look like but presumably it will be more detailed than what we have at the moment. When asking for permission to appoint an expert, you must give a costs estimate for that expert.
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