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Actions required after receiving a CPR 18 form


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Hi everyone

 

A little help needed here please. I am writing on behalf of a friend who I am currently helping out. She has received a court claim form from a finance company and, in return, we sent them a CPR 18 (request for information form). She has applied for a court reply extension to 28 days. Firstly, will she receive a acknowledgement from the court regarding the extension and stating the new date that defense documents have to be submitted by?

 

Secondly, what course of action does she need to take when she receives the reply from the company?

 

Any help or advice that anyone can offer will be gratefully received.

 

Thank you

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Hi

 

ring the court and check they have received your request for an extension of time to file defence. Also you should write to the Claimant asking their permission for an extension(They should due to the Part 18 request) which I assume you have made in order for you to prepare your defence. You may need to apply to the court on Notice for a formal extension of time.

 

Go to the court website which may help Her Majesty's Courts Service - Home

click on legal and professional and then CPR Rules.

 

Good luck matey

Edited by solicitorbuster
Bad spelling

Natwest loan - lost agreement £18,000. Complaint pending with FOS

 

Britannia Loan - CCA request defaulted - £25,000 not heard anything since

 

RBS Credit Card - lost agreement - £11,000. Complaint to FOS pending

 

RCI Finance - lost agreement -£8281.00

 

Northern Rock loan - pending

 

Halifax Loan - CCA request defauted - £5,181.00 not heard anything since

 

Natwest credit card - in dispute, refusing to dislose Agreement - £5,887.00

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Hi Solicitor

 

Many thanks for that. Also, another question. If she doesn't receive a reply to the CPR 18, or the information they supply is incorrect or incomplete does that invalidate their claim?

 

Thanks

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It wont invalid their claim but does give the court discretion to award you costs for the breach.

 

However, further down the line they will have to disclose what they intend to rely upon and if they dont disclose they will be in breach and the court may stike the claim out. If the Part 18 reply is not good enough for you to serve a full defence then serve a holding defence and at the court directions hearing ask the judge for leave to amend the defence once proper disclosure occurs.

 

PS: just to let you know I am not a solicitor! and this reply is just my own comments and not legal advice

Edited by solicitorbuster
Spelling

Natwest loan - lost agreement £18,000. Complaint pending with FOS

 

Britannia Loan - CCA request defaulted - £25,000 not heard anything since

 

RBS Credit Card - lost agreement - £11,000. Complaint to FOS pending

 

RCI Finance - lost agreement -£8281.00

 

Northern Rock loan - pending

 

Halifax Loan - CCA request defauted - £5,181.00 not heard anything since

 

Natwest credit card - in dispute, refusing to dislose Agreement - £5,887.00

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