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ben08
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  • 4 weeks later...

sorry to go over this again

when is it you are in court

did you get a statement of account

did you do an sar or cpr request

 

for future reference, if you are getting no replies to your thread, just keep on bumping it, looks like it got lost

 

this close credit management is just another **** bag dca

we will deal with them in a moment

did you have ppi on the agreement

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no doubt you will have unlawful charges on the account

that is a defence on its own ref the default notice

ime posting two letters for you

send a copy of each to the court and the dca that brought the claim against you. if its your local court, try and drop them in by hand as time is pressing

the letters to the dca , send by special delievery.

what we are trying to do with this is to get the court to adjourn the case while you get the info

 

hang fire and ill post the letters

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send this by special deliever delivery to the opposing solicitors -

 

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.

it is my intention to submit a full defence to the court and as this case is subject to legal proceedings , i require the following.

 

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

 

Your client should ensure compliance with its 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.

 

3 i require a full statement of account including all charges levid on the account since the agreement was executed.

 

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

Edited by postggj
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send this to the court

 

dont forget all your details and claim numbe

 

dear sir/madam

 

i am the defendant in the above case with volkswagon financial services ltd.

i respectfully ask the court to extend the stay in proceedings as to the courts instructions.

having no knowledge of court procedure, i have requested documents under cpr 31.14 to support my defence.

as it will take time for the release of these documents, a stay will enable myself to receive these documents and respond with a defence as required.

 

respectfully

 

xyz

Edited by postggj
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before i edit the cpr, please confirm

you never sent a defence in to the court

 

remember

send a copy of the two letters

one set to the court

another set to the dca,/ solicitors these by special delievery first thing in the morning

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on the n1 claim form, there will be an address where to send all correspondents to, this will normally be there solicitors, send the letters to them by special delievery.

the remaining letters to the court

 

ive ammended the letters now so what do you think and any more questions

 

i would think the judge would adjourn this, ive been in court a few times and the are quite lenient on non professional people.

 

saying that, its up to the judge on the day and what mood he/she is in

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Did you also send these letters? Would i be cheeky in doing this so late in the day?

 

Im just thinking maybe the court would be a bit lenient on me due to only just getting back into work & making some payment attempts off my arrears .....& also with the credit crunch business

 

Thanks

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no you are not being cheeky

the judge will realise you are out of your depth on this

judges are not that bad as a norm and hate to see the little guy get screwed.

 

send those letters and when you get into court explain to the judge about your continued repayments and sorting this out.

 

just ask for an adjournment so you can get this documentation for you defence.

the judge may tell you off a bit for being late but they are fair

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