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court papers and filing a defence - help please


Perdita
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Hi

I have had lots of help on the Debt collection section and been advised to post here now.

Links attached to the CCa, default notice and particulars of claim.

Under advice i shall send CPR 31.14 and CPR 18 letters to SCM tomorrow but need to know what to do from there and also what to do with the court papers - it is getting a bit scary but I am trying to get my head round it.

Many thanks for all who help - when you watch the news and the terrible things happening in this country its nice to know there are people out there willing to help the likes of myself out of goodwill.:)

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Perdita, In my opinion, I think you should send the CPR31.14 by recorded to them...

 

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.

 

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 assignment

 

3 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.

 

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

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Hi 42man, scabhunter gave me the cpr 31.14 and also the cpr 18 letters to send and was going to get them off today - should i send them separately by recorded and i presume they go to SCM. What do i do with the court papers?not sure what to do when i get on the website.

Thanks

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Hi Perdita

 

Only send one or the other not both I would suggest CPR 31.14 send spl delivery and dont sign print name.

With regards to MCOL you have 33 days in total ie date on the summons plus 5 = deemed served you then have 14 days to AoS (acknowledge service) and a further 14 days to submit a defence should you decide to defend. Use the password printed on the summons dont go behond the AoS screen at this stage.

 

Regards

 

 

Andy;)

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I am sending the cpr 31.14 today by special delivery - just one thing, i notice the cpr 18 requests copies of charges and statements etc which I will also need if I am to put in a partial defence - will there be time to request these later?

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Hi Perdita

 

The CPR 31.14 should take into account anything relied upon on the Claimants claim including statements.

 

Regards

 

Andy

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Hi Perdita

 

Dont tick

For anyone wishing to know what this actually means

There are three main types of judicial jurisdiction, personal (personam), territorial (locum), and subject matter (subjectam):

  • Personal - Authority over a person, regardless of his location.
  • Territorial - Authority confined to a bounded space, including all those present therein, and events which occur there.
  • Subject Matter - Authority over the subject of the legal questions involved in the case.

For jurisdiction to be complete, a court must have a concurrence of subject matter jurisdiction with either personal or territorial jurisdiction. The territorial jurisdiction is critical, on the principle that courts enforce laws which are territorial in their authority.

A succinct definition can be stated as follows: "An area of land that is governed by an entity who can hold those residing therein accountable for following specific laws."

 

 

Regards

Andy

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OK, Ive now completed the AOS stating I am defending the whole claim - what do I do now?? From what Ive received so far it would seem the cca is in order and the default notice - any input now from anyone would be VERY welcome as Im getting a bit jittery now :(

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Hi Perdita

 

I need know what date is on the DN to verify if it gave you the perscribed time to rectify the breach ie 14 days plus service say 3, layout looks ok.

With regards to the CCA yes the perscribed terms are there but where are the T&Cs refered to in the application??

 

Regards

 

Andy

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Hi Andy

The DN is dated 13th June 2008 so I suppose that is ok too - as regards to the ts and c's none were received with the copy of the cca - the cca is exactly as received A5 size on an A4 sheet and barely readable except with magnifying glass.

Many thanks

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Hi

 

Therefore your section 78 request remains unfulfilled and not complied with plus the added bonus that what as been sent is illegible good starting point for any defence I would of thought.

 

Regards

 

Andy

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OK - so do i now wait until i receive the requested documents in the cpr 31.14 or should i be doing something in the meantime? Im not sure about a counterclaim for charges etc - stop me if im jumping the gun !!

 

 

Work out from the date of your summons when you need to submit a defence beit holding or particularised.

Await response from your CPR 13.14 request and the time instilled on the Claimant and if not complied with follow through as per the CPR 13.14.

Are you in possession of your statements and are aware of the penalty charges involved?

Would they equate to a reasonable amount to warrant a CC?

If so you could submit this at the time of your defence know as a Part 20 CC.

I would advise nearer the time Perdita and subject to your replies re above.

 

Regards

 

Andy:cool:

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The date of the summons is 14th nov so I beleive the defence needs to be in by 17th December (28 + 5) - the CPR 31.14 is dated today and gives 7 days to respond as per the letter from 42 man above. I dont have the statements yet but the credit limit is £7000 and the claim is nearly £8000 now so there is a good chunk of charges there - shall i send a SAR request? or does it need to be done differently now?

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re the default notice that without checking the regulations looks "suspect"

 

however the default notice is dated

13 june 2008

 

amount owed £7,761.80

arrears £1030.00

 

payment must be made by 14 july 2008

 

 

 

now during the month 13 june to 14 july

surely a statement must be produced which will increase your arrears

 

so payment of £1030.00 by that date will not rectify the default because the amount owing in early july according to the statement will be more than £1030.00

 

hence the amount of money is wrong

 

the phrase de minimis from the regulations comes to mind

 

so it is suggested on the money figure alone the default notice is invalid.

:cool: sunbathing in juan les pins de temps en temps

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I would wait and see what the CPR throws up if complied with correctly they should supply your statements anyway.If the CPR is ignored there will be ample opportunity for disclosure along the way but if as you state they should be considerable then this could be either used as a CC or an offset against the debt.

 

I trust the above helps

 

Regards

 

Andy

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Thx for that FC but DN inacurancies can be rectified and dont ness render said DN flawed if however the amount in the balance contains penalty charges this would put it in question as im sure you know already.

 

 

Andy

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Thx for that FC but DN inacurancies can be rectified and dont ness render said DN flawed if however the amount in the balance contains penalty charges this would put it in question as im sure you know already.

 

 

Andy

 

 

quoting from the regs

 

SI 1983/1561

Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983

Made 24 October 1983

Laid before Parliament 3 November 1983

Coming into Operation 19 May 1985

............................................

 

 

 

Specification

Where the remedial action which the debtor or hirer is required to take is the payment of arrears, these must be specified accurately: see the notes to the CCA 1974, s 88. Anything more than a de minimis misstatement will make the default notice invalid. The same is presumably true of any other remedial action, though the question is less likely to arise. It also seems to follow that a substantial error in stating any of the other items listed will be fatal.

:cool: sunbathing in juan les pins de temps en temps

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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.

Andy

 

 

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  • 2 weeks later...

the cpr 31.14 was sent RMSD on 19th nov and signed for on the 20th so they should be replying pretty soon - what if they dont respond say by Monday 1st dec bearing in moind my defence has to be filed by the 16th but i dont want to leave it til last minute

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