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Getting Them To Reveal Their Vitals. Using CPR 31.14 to Your Advantage

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Hi

Following a claim received against me I have followed your link above sent, based on a CPR31.14 and a CPR 31.15 request for disclousure (I requested details apertaining to NOA/DN/CA and other info also) to the claimants solicitors I have received the following response back:

 

 

You will note that CPR 31.14 (1) states that

"A party may inspect a document mentioned in -

(a) a statement of case;

(b) a witness statement ;

© a witness summary; or

(d) an affidavit"

 

They go on to state that the info I have requested does not refer to any of the following and as such have not supplied and on that basis they are not bound by my request.

 

They have supplied to me only:

1. CA and T&Cs provided by the CC company

2. Copy Representation of the first NOA sent to me (this I never received!)

 

 

Can you please advice as to my reply to them and the courts in my defence? This will help me greatly.

 

Thanks

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you use 31.14 to request copies of doccuments mentioned or referred to in the POC (you cannot ask for dcouments that are not mentioned in the POC()

 

you use cpr18 for INFORMATION (not documents) which you need to assist you in defending the claim- but this must be confined to relevant information and NOT become like a SAR

 

if the claimant then refers to any document in his response to the CPR18 request- then you are entitled to ask for a copy of that document

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Hi

Following a claim received against me I have followed your link above sent, based on a CPR31.14 and a CPR 31.15 request for disclousure (I requested details apertaining to NOA/DN/CA and other info also) to the claimants solicitors I have received the following response back:

 

 

You will note that CPR 31.14 (1) states that

"A party may inspect a document mentioned in -

(a) a statement of case;

(b) a witness statement ;

© a witness summary; or

(d) an affidavit"

 

They go on to state that the info I have requested does not refer to any of the following and as such have not supplied and on that basis they are not bound by my request.

 

They have supplied to me only:

1. CA and T&Cs provided by the CC company

2. Copy Representation of the first NOA sent to me (this I never received!)

 

 

Can you please advice as to my reply to them and the courts in my defence? This will help me greatly.

 

Thanks

i think that they are right

 

They are only bound to provide documents mentioned in inter alia a statement of case. Therefore if they have only mentioned those documents in the statement of case, then that is all you are entitled to.

 

If you simply Copied and Pasted a template letter, from here, then you have been sorely mistaken, you should always make sure that your letters fit the picture, as you are playing a game here when the stakes are high and if you get it wrong then it can provide costly.

 

as for your defence , without the facts, information and documentation we cannot assist im afraid.

 

you really need to read my thread on CPR 31.14 vs 18 and also the thread i did on embarrassed defences as they may assist

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Thanks.

 

In the POC it states that :

- the claimant is the assignee;

- Notice od assignemnt has been given to defendant in writing

 

Also, I thought requesting disclouseue under cpr31.15 allows for other docus requested?

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Inspection and copying of documents

 

31.15

 

Where a party has a right to inspect a document –

(a) that party must give the party who disclosed the document written notice of his wish to inspect it;

 

(b) the party who disclosed the document must permit inspection not more than 7 days after the date on which he received the notice; and

 

© that party may request a copy of the document and, if he also undertakes to pay reasonable copying costs, the party who disclosed the document must supply him with a copy not more than 7 days after the date on which he received the request.

 

(Rule 31.3 and 31.14 deal with the right of a party to inspect a document)

 

 

yes but only docs as per 31.14

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Hi All

 

Could someone please clear a point up for me on the cpr 31.14? I have a set aside hearing in 3 weeks and think that I should issue the cpr (reading what everyone says). The thing that is getting me muddled is the request for 'an extension of time for me to file a defence'. If the court date is set (by the court) how can the dca give an extension of time? Or is it that the 'defence' in this case would be that submitted if the set aside wasn't granted, and this went to bancruptcy? I have the letter waiting for a stamp but I don't want to send this out and look a complete idiot if it's not appropriate.

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Hi All

 

Could someone please clear a point up for me on the cpr 31.14? I have a set aside hearing in 3 weeks and think that I should issue the cpr You cant until you get a set a side (reading what everyone says). The thing that is getting me muddled is the request for 'an extension of time for me to file a defence'.Whos request? If the court date is set (by the court) how can the dca give an extension of time? The Claimant cant you request it Or is it that the 'defence' in this case would be that submitted if the set aside wasn't granted, and this went to bancruptcy? Why would you need a defence if the set a side isnt allowed? I have the letter waiting for a stamp but I don't want to send this out and look a complete idiot if it's not appropriate.

You dont do anything until its (if) set a side.

Regards

Andy


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Jut saw this :) Much more terse than my reply but essentially the same. I don't think you need to.

 

Quite simply put you cant do anything until there is a claim or cause to defend.Judgment stands for the Claimant until such time its set a side,then it becomes a claim

and possibly defendable.

 

Andy

Edited by Andyorch

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Quite a lot of posts have been moved to another thread - off topic or where caggers should have started their own independant threads. They can be viewed on the link below.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?418714-Off-topic-posts-from-quot-Getting-them-to-Reveal-their-Vitals-quot&highlight=Vitals


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style="text-align:center;"> Please note that this topic has not had any new posts for the last 1938 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

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