county court claim - please help

[darrensimkins]

Hi all could do with some advice on the following matter-

 

We have been paying are creditors through pay plan for a number of years when out of the blue the following letter and claim form arrived, the only reason we can think of is a recent change in circumstances that has led to a reduced payment and a payment that was made late last month(now been paid) payplan said they would be notifying are creditors of the late payment, we have never tried to fight anything like this before but after a recent charging order (gaining interest daily) that was granted to another company for another dept that we were paying we believe enough is enough

I have found the following letter on another thread should i send this?

and what should i write on the acknowledgment of service if anything yet?

I am not sure how to post docs and hope i have posted them correctly so they can be read

Thanks

 

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 default notice*

 

3 the termination notice*

 

4 statements for the duration of the agreement

 

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]

Hi Darren....the attachments are a bit small to see but use www.photobucket.com (free)

 

What is the debt for ?

 

You need to acknowledge receipt of the claim form within 14 days of the date on the form, then you get a further 14+3 days in which to submit a defence (please keep a close eye on the timescales) if you wish to defend all then state that, and yes use the CPR31.14 letter above BUT...this has to be in line with the Particulars Of The Claim...which would be good to know before you send the CPR letter.....make the attachemnts larger if you can OR type up the Particulars Of The Claim (but don't be specific with the numbers)

[GamekeeperToPoacher]

Hi Darren,

 

42 is correct and a great man to have batting on your side.

 

If I was you I would also ring his scales over here

 

GK

[darrensimkins]

Hi 42man thanks for the reply,

 

I finally worked out how to post pictures

The debt is for a capitol one credit card took a bit of paper searching this account has been passed from pillar to post,

i have just had a look at are paypal account and there payment status is showing ok but we did miss a payment in feb this year

 

Thanks

 

Edited May 13, 2009 by darrensimkins
remove more information

[42man]

This claim is a complete load of rubbish, it is so vague !!! If it was me i'd defend it.......did you send off for a copy of your agreement previously ? if not then you'll need to delete this line here in your letter above...

 

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]

 

 

AND if the claim is below 5k then add this......but delete if it is over 5K

 

[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

[42man]

Carters NEVER comply with the CPR....so there is a good chance of you winning this especially as the claim is so vague....when they withdraw you can go for a wasted costs order !!!!

[Gazza112]

Hi Darren

 

As, everybody says 42man's on your case you won't go far wrong.

Just take note in the advice he give's you.

 

Gaz

[GamekeeperToPoacher]

Hi Darren,

 

Being paranoid I note that although you have removed most of the personal details on the letter that, and your posting name, reveal your identity.

 

We believe that the DCAs spend time trawling on here and they could be forewarned of any action you might take.

 

It might be worth contacting site team to see if it is possible to change your identity.

 

GK

[miss trollope]

Hi Darren,

 

Being paranoid I note that although you have removed most of the personal details on the letter that, and your posting name, reveal your identity.

 

We believe that the DCAs spend time trawling on here and they could be forewarned of any action you might take.

 

It might be worth contacting site team to see if it is possible to change your identity.

 

GK

 

I was just going to say the same thing!

[GamekeeperToPoacher]

Great minds think alike?

 

Paranoia is where you think they are out to get you.

What is it where you know they are out to get you?

 

GK

 

Edited May 14, 2009 by GamekeeperToPoacher
post count comment

[JAN1471]

subbing

[darrensimkins]

Thanks everyone,

Sent letter off today.

Point taken about the name, what is the best way to go about changing my sign in name? i have gone on to my profile and then clicked on contact us but have heard nothing back,

One more thing though what should i write on the defence and counterclaim form

thanks

[GamekeeperToPoacher]

The easiest way is probably to register again as you only have 3 posts.

Then PM and I will be around

 

GK

[GamekeeperToPoacher]

Hi Darren,

 

You should tick that you intend to defend in full and ask for the case to be moved to your local court. I am sorry but I can't remember what else is required on the form.

 

This will give you a further 14 days plus 3 days to put in your defence.

 

If, as is likely, they fail to send info from CPR in time then you will put in an 'embarassed defence'

 

As 42 said earlier keep an eye on the timing.

 

GK