Howard Cohen tries it on again.

[zazen.warrior]

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Edited July 29, 2010 by zazen.warrior

[42man]

Zazen....have you considered the CPR 31.14 ?

[42man]

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.

 

[Prior to the issue of proceedings I had delivered a request for the production of the agreement mentioned in the Claim Form and on which you rely. That request was ignored][delete if no such request was delivered]

 

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*

 

4 the termination notice*

 

5 [any other documents mentioned in the Particulars of Claim]*

 

* delete if not mentioned in the Particulars of claim.

 

[Although your claim is for a sum which is not more than £5,000.00 and will in all likelihood be allocated to the small claims track for determination upon my delivering a defence, at this moment in time I have not delivered my defence and the case has not been allocated to a track. In consequence the provisions of CPR 27(2) are of no effect and you should not seek to avoid compliance with your CPR 31 duties by claiming otherwise]#

 

# delete if claim for a sum exceeding £5,000.00

 

You should ensure compliance with your CPR 31 duties and ensure that the document(s) 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

[42man]

PART 31 - DISCLOSURE AND INSPECTION OF DOCUMENTS

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/159445-getting-them-reveal-their.html

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/178882-court-claim-received-cl.html

[PGH7447]

On howards present form it wont matter what CPR you use, they just ignore it

[zazen.warrior]

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Edited July 29, 2010 by zazen.warrior

[Enron]

They are prohibited from enforcing the agreement at all with or without a court order until they comply with the CCA request.

 

Got the OFT clarification stating this if you want it.

[zazen.warrior]

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Edited July 29, 2010 by zazen.warrior

[zazen.warrior]

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Edited July 29, 2010 by zazen.warrior

[MrMT]

Subbing

[PGH7447]

My CPR 18 request has been signed for this morning, Coward now has precisely 14 days to come up with the goods.

 

He had mine on the 22 jan still waiting, I had to submit the embarrassed defence:)

[zazen.warrior]

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Edited July 29, 2010 by zazen.warrior

[zazen.warrior]

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Edited July 29, 2010 by zazen.warrior

[zazen.warrior]

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[PGH7447]

This morning I received the expected letter from Coward in response to my CPR 18 request; he tells me he is 'not obliged to provide this information'.

 

Embarrassed defence on its way on Monday.

 

I did not even get that:eek:

[zazen.warrior]

Post removed.

Edited July 29, 2010 by zazen.warrior

[ncf355]

I have now received a notice of assignment from Coward (not from the OC as legally required) and of course it has arrived 3 days after the date on the claim.

 

Dear me, Coward is soooo predictable.

 

 

Hi Zazen

 

(note for all on this one)

 

The "in the hand of the assignor" legality only applies to the original deed of assignment from the OC to DCA

 

All you have to receive is an assignment notice, and it does not matter if this is from the OC or DCA

 

Also, the recorded delivery part in S196 of the property act only applies to the deed of assignment

 

I have this info from a well respected barrister who operates in the CCA field

 

[ncf355]

Key part in the text in bold (this refers to the OC/DCA notice to you) -

 

 

 

 

Any absolute assignment by writing under the hand of the assignor (not purporting to be by way of charge only) of any debt or other legal thing in action, of which express notice in writing has been given to the debtor, trustee or other person from whom the assignor would have been entitled to claim such debt or thing in action, is effectual in law (subject to equities having priority over the right of the assignee) to pass and transfer from the date of such notice—(a)the legal right to such debt or thing in action;

(b)all legal and other remedies for the same; and

©the power to give a good discharge for the same without the concurrence of the assignor:

Provided that, if the debtor, trustee or other person liable in respect of such debt or thing in action has notice—

(a)that the assignment is disputed by the assignor or any person claiming under him; or

(b)of any other opposing or conflicting claims to such debt or thing in action;he may, if he thinks fit, either call upon the persons making claim thereto to interplead concerning the same, or pay the debt or other thing in action into court under the provisions of the M1Trustee Act, 1925.

(2)This section does not affect the provisions of the M2Policies of Assurance Act, 1867.

[F1(3)The county court has jurisdiction (including power to receive payment of money or securities into court) under the proviso to subsection (1) of this section where the amount or value of the debt or thing in action does not exceed [F2£30,000].]

[zazen.warrior]

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Edited July 29, 2010 by zazen.warrior

[harrassed senior]

subbing

[zazen.warrior]

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Edited July 29, 2010 by zazen.warrior

[42man]

GL Zaz.....!!

[flintstones1960]

subbing

[PGH7447]

hi zaz. posted my defence on the 19 feb, heard sod all from cohen yet

Edited March 13, 2009 by PGH7447

[zazen.warrior]

Post removed.

Edited July 29, 2010 by zazen.warrior