Link claimform - old GE Money debt **CLAIM STRUCK OUT**

[42man]

I'll move this to the debt collection forums where you should get some more comment...

 

Have you sent them a CPR letter ?

[42man]

OK what are the Particulars Of The Claim ? (don't be too specific with the numbers)..... and have a read here - http://www.consumeractiongroup.co.uk/forum/legal-issues/185051-claim-form-received-today.html

 

Remember the timescales for the defence....

[42man]

Foolishgirl is right, if we knew what the Particulars Of Claim are we can issue a Civil Proceudre Rules request for them to disclise all information.....it is important...

[42man]

You need to state what the Particulars Of The Claim are....they are on the first page (same as the claimants details and address...) You have to acknowledge the claim within 14 days of the date on the claim form.....if you wish to defend then you state this, then you get a further 14+3 days in which to submit your defence....do please spend some time reading round these forums too...

[42man]

As I said you have to acknowledge the claim within 14 days of the date on the claim form....if you part dispute, they will get judgement, if you don't defend they will get a summary judgment....if you defend...well...but the the particulars of the claim are very important if you want to defend....

[42man]

Good advice from FG above, but a lot of these are being rejected by solicitors due to them being unreasonable....can I ask you send this one below especially so now we know the POC's send recorded delivery....you will need to EDIT it though...where it is marked with a # if the amount is OVER £5,000 then delete that bit....(above the #)....where it says "Although your claim is...."

 

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*

 

[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]

This is indeed good news.....BUT, let's see what Link do !!!

[42man]

Great advice from Foolishgirl....give the court a call, and ask if it can be put in front of a judge to throw out, if they have heard nothing you could request a strikeout....as for the costs aspects, I'm not sure of the implications of a wasted costs order go with regard to 'unless' orders by the court, you may have to submit in writing these might help you - http://www.consumeractiongroup.co.uk/forum/legal-issues/134001-suggested-letter-where-claimant.html and http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/136843-capquest-county-court-claim.html