Claimant Hasn't Produced Document Ordered By The Court.

[Cunning Plan]

Hi fellow CAGers.

 

I'm helping a friend of mine who's been taken to court by a DCA.

 

At a recent hearing the DCA was ordered to provide a legible copy of the CCA. They were given three weeks to do so. That deadline has now passed and my friend hasn't received anything.

 

How do we proceed with this?

Contact the court and say nothing has been provided.

Or contact the DCA and question why we've not received anything.

 

I'm mindful that the court gave my friend another three weeks after the CCA deadline to submit an amended defence. So the clock is ticking.

 

Form information: The DCA originally sent a very poor copy of an application form. The only thing legible was the top line which said 'application form' and the card issuers company logo.

 

Your thoughts please.

 

 

CP

[MAGDA]

You can contact the court, if you telephone initially and then follow up by email or fax, if they are ok with that, and explain that the claimant was ordered to respond to an order to provide the CCA and has not done so, and you respectfully request the claim be struck out. It will then go before the judge. In my own case, as this point, the judge then issued an order stating that the claimant had a further 14 days to respond, and if they didn't, the claim would be automatically struck out. If they still do not respond at this point, that is exactly what will happen.

 

 

Magda

[dpick]

You can contact the court, if you telephone initially and then follow up by email or fax, if they are ok with that, and explain that the claimant was ordered to respond to an order to provide the CCA and has not done so, and you respectfully request the claim be struck out. It will then go before the judge. In my own case, as this point, the judge then issued an order stating that the claimant had a further 14 days to respond, and if they didn't, the claim would be automatically struck out. If they still do not respond at this point, that is exactly what will happen.

 

 

Magda

 

Hi I had the same as Magda had above though the court office did say to check back in 4 working days as at that time the court office was working on documents delivered 4 days before. So I would check that the court have processed all documents from the claimant for the date they were ordered to respond by.

 

dpick

[mandyjayne]

Hi cp

 

Im going through exactly this now..judgment order at my set aside hearing on March 11th the claiment was ordered to provide all CCA/SAR documents to me by the 1st April nothing has arrived..i have been advised by one of the site team to go down the N244 route using the CPR 3.2 rule to have the case struck out.

 

I did try Magda,s way and phoned the court got a lady who didnt seem to know much and wasnt helpful so posted for help on here, give Magda,s way a shot first as the N244 cost £75!

 

Lots of luck whichever one you go for;)

 

All the best MJ:D

[creditcardmug]

You need to type up what the order says exactly, i.e. was it an "unless" order?

[Cunning Plan]

Hi again,

 

I've now got the paperwork from the friend I'm helping in this case.

 

The court has sent a General Form of Judgment or Order.

 

The first two points have been dealt with parties filing details of availability etc.

 

Point Three:

The claimant's do produce a legible copy of the agreement by the (date)

 

Without giving too much away, as we know DCA's monitor this site, the date has passed and nothing at all has been sent.

 

We'll be contacting the court tomorrow to see if they have filed anything with them but shouldn't the DCA also send a copy to the defendant?

 

CP

[42man]

Some examples where the cagger has gone for a strikeout due to non production of paperwork due to court orders. (includes a link to Civil Procedure Rules)

 

Suggested letter where the claimant fails to comply with Court Orders

 

No agreement & use of Civil Procedures Rules to prevent court case happening

 

Capquest County Court Claim

 

Shortfall Court Summons - URGENT help needed please!

[MAGDA]

It is normally worded as file and serve (on the order to produce documents) which I was told by the court means that the claimant must then also serve a copy on the defendant. Either way though they should still send your friend a copy, but check with the court anyway to see if they have received anything. If the order states that the claimant must provide such and such a document by a certain deadline only, then the claim is not automatically struck out. It would need to also state that unless the claimant complies by the given date, the claim will be struck out. So, it is (in my opinion) a good idea to let the court know you haven't received the document ordered by the judge. It will then go before the judge again and he can either strike out the claim, or he may give them more time, but this time issue an order that will automatically strike out the claim if the claimant does not respond. Magda

[Cunning Plan]

Hi Magda and 42man,

 

Thanks for the information.

 

We'll be onto the court first thing. My pal is so frustrated about this. He requested the info over 16 months ago when the DCA sent an unreadable piece of paper. This is the fourth time of asking, the second as part of their court action, but at least it's the courts request they've failed to respond to on this occassion. So here's hoping we can nail the DCA and get the claim thrown out.

 

CP