HELP PLEASE!! with County Court Claim Form!!

[AndyOrch]

Also post this off ASAP to CL dont sign and send recorded delivery at the very least.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 assignment*

 

2 the default notice*

 

3 the termination notice*

 

4 statements for the duration of the account including all charges*

 

* 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

 

Regards

 

Andy

[AndyOrch]

Thanks Andy your help is very much appreciated ! At least it will get to the bottom of who I allegedly owe this debt to.

 

Do I send this letter to CL Finance or their solicitors, Howard Cohen & Co?

Can I ask for a copy of the original Credit agreement Yes add it to the list as this will ascertain who the original agreement was with. The Solicitors named on the Summons

 

Plus I signed no agreement with Santander Cards and had no notification that any agreement I did have would be passed onto them. Can they enforce this?

That is why you are requesting details of the assignment.

Just post if you are unsure of anything and keep your eye on the time deadlines.

Regards

Andy

[AndyOrch]

Help..I'm trying to respond on line to the Court service website and though I keep entering the correct claim no and the password they have given me I am constantly being told that one of the digits is incorrect & getting locked out. I haven't left the cap locks on either!

 

My OH is beginning to suspect that the documents sent are not genuine. could this be the case?!

BTW thanks Copier will sub to your thread to check things out

 

Hi

 

If the Summons is blue and stamped Northampton they are genuine.

8 figure password and a round frank Northampton in black top right

Try re booting your PC and try again if all else fails as Nicklea states ring Northampton tomorrow and explain your probem

 

Regards

andy

[AndyOrch]

The above is fine Madartist

 

Just make sure you get your defence in on time and recieve acknowlegment from Northampton.

 

 

Regards

 

Andy

[AndyOrch]

Hi MA

 

Which AQ have you recieved N149/N150? Please try to focus, it can be sorted,lets take each problem one at a time,debt is the last thing you should allow to makes oneself ill over.

 

Regards

 

Andy

[AndyOrch]

HI MA

 

 

No dont treat your AQ as a second Defence you need to complete in a manor that will cause the Claimant problems.This is the first document that the DJ will see from both parties and as such should give cause to how the claim will proceed.

When have you to submit by?How much is the claim for (round figure) I will have more time tomorrow to go through it with you.

 

Regards

 

Andy

Edited August 26, 2009 by Andyorch

[AndyOrch]

Hi MA

 

When completing your allocation questionnaire you should try and think through exactly what your

claim will involve including what documents you will need to show to prove your case and what parties

and witnesses will need to be involved and how long you think the final hearing will last.

If you think that you and your opponent may be able to settle the claim by negotiation then you should

try to do so. If you need help and/or consider that mediation, a method of dispute resolution which is

guided by a neutral third party mediator) might achieve more than straightforward negotiation you

should tick the box at Section A on the allocation questionnaire. You will then be offered help by

HM Court Service’s free small claims mediation service.

If possible you should try and agree ‘directions’ for the progress of the case with your opponent or at

least set out yourself what you are seeking. These can be attached to your allocation questionnaire

If you want to try direct negotiation with your opponent but are concerned that the court process does

not allow enough time you can ask the court to include a direction ‘staying’ the proceedings for up to one month while you try to settle

.

 

Ok under G I would advocate something along the lines of:-

The Claimants are deliberately frustrating these proceedings and preventing me from submitting a counter-claim, by refusing to provide information first requested under a Subject Access Request on the xxth xxxxx 2009. They have only partially complied with my request. I have sent letters to the Claimants Solicitors on the xxth xxxxx repsectively, requesting the outstanding information, which has to date not been furnished. I believe this is entirely unreasonable behaviour and I will shortly request an Order from the Court compelling the Claimant's compliance, to enable me to file a counter-claim (attaching copies of any relevence requests)

 

The remainder is fairly easy to complete.

 

Regards

 

Andy

 

 

[AndyOrch]

Hi MA

 

When completing your allocation questionnaire you should try and think through exactly what your

claim will involve including what documents you will need to show to prove your case and what parties

and witnesses will need to be involved and how long you think the final hearing will last.

If you think that you and your opponent may be able to settle the claim by negotiation then you should

try to do so. If you need help and/or consider that mediation, a method of dispute resolution which is

guided by a neutral third party mediator) might achieve more than straightforward negotiation you

should tick the box at Section A on the allocation questionnaire. You will then be offered help by

HM Court Service’s free small claims mediation service.

If possible you should try and agree ‘directions’ for the progress of the case with your opponent or at

least set out yourself what you are seeking. These can be attached to your allocation questionnaire

If you want to try direct negotiation with your opponent but are concerned that the court process does

not allow enough time you can ask the court to include a direction ‘staying’ the proceedings for up to one month while you try to settle

.

 

Ok under G I would advocate something along the lines of:-

I have never had any financial dealings with the Claimant and am unaware of any debt outstanding to the Assignor or Assignee

The Claimants are deliberately frustrating these proceedings and preventing me from submitting a particularised Defence, by refusing to provide information first requested under a CPR 31.14 Request on the xxth xxxxx 2009. They have only failed to comply with my request. I have sent letters to the Claimants Solicitors on the xxth xxxxx repsectively, requesting the outstanding information, which has to date not been furnished. I believe this is entirely unreasonable behaviour and I will shortly request an Order from the Court compelling the Claimant's compliance, to enable me to file a particularised Defence or Application to strike out the Claimants case (attaching copies of any relevence requests)

 

The remainder is fairly easy to complete.

 

Regards

 

Andy

 

 

 

Changes in red also state No to Settlement

 

Regards

 

Andy