Finance U Ltd Car Repossession letter received **Round 1 WON... Ding, ding... Round 2 now on**

[postggj]

hi nowayjose

 

first thing is to tick box 1

 

you are defending all the claim

 

we then have two weeks to do the defence

 

remind me

 

do you have the n1 or is it mcol

[postggj]

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

 

 

Send this letter by recorded delivery

 

 

this needs to go to the solicitors who did the claim

 

wait for the go ahead so i can edit it a bit

[nowayjose]

Ok thanks Postggj, its a N1 form.... So I take it I dont have to fill in the income and expenditure form in the pack....there is also a part of the form called Defence and Counterclaim (specified amount) and a space to enter the defence... what do I put here???

[postggj]

remind me again when you received the claim form

 

you can leave that blank because as soon as the claim has been acknowledged, the defence can be sent later

 

you cant do a defence yet as you are waiting on docs ref your cpr request

 

you dont need the income and exp

 

its just getting the claim acknowledged for now

 

this one, return to your local court by hand or send special d

[postggj]

we have them by the knuts on this ref the default notice

 

shame

[postggj]

take a copy of the n1 claim form

 

scan it into your pc or at least get a hard copy

[postggj]

on the claim form, where does it say to send all correspondants

 

is a solicitors mentioned

[nowayjose]

Postggj... a couple of things.... attached to the claim form is the the Sales Invoice , The credit agreement, the Bill of sale agreement, the Delivery receipt and Authorisation to effect payment document,and the LBA for the sum of £6820 ... also we never received a Termination Notice and the name of the Claimants solicitor is marked N/A so he is defending himself, also it was financed by an 'In house' finance company and has never been passed to a DCA so no NOA???

 

Sorry for all the questions:?

 

The issue date is the 17 June and the date of issue is 22 June

[postggj]

ok so he is on the ball

 

its unusual for those docs to be given this early

 

you need to send the cpr request for the termination notice

 

hang fire sending that for the moment, single brain cell in gear

 

just get the claim acknowledged to begin with as thats most important, then a further 2 weeks for the defence

 

just thinking what else to put in the cpr

[nowayjose]

So I ask for the default notice and the termination notice only what about the assignment?? And when ready do I send it to the claimant?? Another thing there has been 2 claim forms one for myself and one for my OH both identical, is this right???

[postggj]

remind me

 

was this a joint application for credit

 

 

like i said

 

hang fire on the cpr till monday

 

realy need to make him work for his money

[nowayjose]

Yes it was a joint application

[postggj]

not sure there being two claim forms for the same amount

boy must they hate you

ill wait for some feed back on that and is not important at the moment

 

yes the cpr request goes to the claiment as no solicitors involved

 

but wait till monday

need the weekend on that one

 

the most important thimg is getting the claim acknowledged now

[nowayjose]

Ok I ll wait, hes gonna be sooo p155ed off when he recives that letter:razz:... another question, what if he comes up with a 'made up' default notice and termination notice even though its not in my SAR ??? can it be proved?? Possibly could prove the fact I havent been charged on my summary of charges for a default notice since 31/7/07 and the last default notice listed on the daily diary was on 15/6/07

Edited June 26, 2009 by nowayjose

[postggj]

no probs

 

we will demand the computer screen shots which are date stamped

 

we will use the default notice allready posted

he cant issue a second

 

if he tries to deceive we will demand track and trace records

 

its down to him. not you to show when documents are served

 

he is going noware with this

 

that i can assure you off

[nowayjose]

Ok Postggj, puts my mind at rest now... more questions to follow no doubt

 

TYVM;)

[nowayjose]

Sent the Acknowledgement to the court recorded delivery this afternoon, looking forward to sending the CPR letter now.. seemed to have noticed a few watchers too:rolleyes:

Edited June 27, 2009 by nowayjose
spelling

[janmal2000]

Go Girl

[postggj]

Have You Got The Cpr Letter Done Yet

[nowayjose]

Hi Postggj, no not yet, wasnt sure if the letter you gave me needed a bit of tweaking, because he already supplied some of the information in his POC, do I just ask for the default notice??? He already attached the credit agreement and bill of sale....

[postggj]

Ask For Every Thing

[nowayjose]

Even though we ve already been given some of the docs... just to clarify;)

[postggj]

Yes

 

Make Them Work For A Change

You Are Entitled To It

 

With Out Going Over The Thread Again

 

Did You Have Ppi Or Any Other Insurance As Well

[nowayjose]

Ok thank for that, just want to get it right

 

There was no PPI or any other insurance on the account.

 

Do you suggest I send one CPR in my name and one in my OH name and do I sign the letter

 

NWJ -x-

[postggj]

Send In Your Name

 

Makes No Difference

 

Print, Dont Sign

 

 

Remember

 

Dont Mention About The Crap Default Notice

Let Him Think Its In The Bag To Begin With

 

Revenge Is A Dish Best Served Cold