Non compliance with CPR request-help please!!

[DJX]

Dear Caggers

 

I have to file a defence for a claim against me by a well known credit card company who shall remain nameless - but it rhymes with nbna.

 

Court papers were issued on June 19th and I have filed and acknowledgement of sevice meaning I only have another 10 days to go to file my defence and counter claim.

 

I sent a letter under CPR asking for all statements ,original CCA etc with payment for £10 as suggested by a fellow Cagger, which was acknowledged by the solicitor (rhymes with Nestons) on 23rd June,meaning the 12 + 2 rule will be up on Friday.

 

What would my next step be, assuming they do not supply the info?

 

As background,I held a CC with them for 11 years, according to them the agreement was started in 1998? The current balance is £10,500- I have no idea how much is made up of interest,charges etc as Ive shredded all my copies!! I started making reduced payments 18 months ago when my salary halved and they were fine up until recently until the sols got involved

 

They offered a settlement figure of £3500 in April or reduced payments of £90 pcm in writing which I agreed to,but have now changed their minds and started the CCJ proceedings.

 

I reckon I must have paid them about £20 grand in interest all together over the years and really want to fight them-suggestions welcome

 

many thanks

[300]

Hi, You need not have bothered with the ten quid etc all a bit late and irrelevant the 12 + 2 days. They are going to court if they produce an enforceable agreement and can convince the judge they will get it enforced. There are several CPRules that apply intially send a letter out to the solicitor using the info from pt here. http://www.consumeractiongroup.co.uk/forum/legal-issues/173201-why-you-shouldnt-use.html#post1868913 However, under the CPR rules you are entitled to see a 'true' copy of any document used in the case 7 or 3 days before the court hearing. Have a look at this extract from the CPR and pick out the rule that applies if you are still waiting and a court date is fixed. ' Evidence for the purposes of a summary judgment hearing 24.5 (1) If the respondent to an application for summary judgment wishes to rely on written evidence at the hearing, he must – (a) file the written evidence; and (b) serve copies on every other party to the application, at least 7 days before the summary judgment hearing. (2) If the applicant wishes to rely on written evidence in reply, he must – (a) file the written evidence; and (b) serve a copy on the respondent, at least 3 days before the summary judgment hearing. (3) Where a summary judgment hearing is fixed by the court of its own initiative – (a) any party who wishes to rely on written evidence at the hearing must – (i) file the written evidence; and (ii) unless the court orders otherwise, serve copies on every other party to the proceedings, at least 7 days before the date of the hearing; (b) any party who wishes to rely on written evidence at the hearing in reply to any other party’s written evidence must – (i) file the written evidence in reply; and (ii) unless the court orders otherwise serve copies on every other party to the proceedings, at least 3 days before the date of the hearing. (4) This rule does not require written evidence – (a) to be filed if it has already been filed; or (b) to be served on a party on whom it has already been served. , I haven't got the time to sort out the lot for you this gives you some pointers for further reading and your next letters critical contents - pt's CPR rule. Get that letter out today and wait for somone with more time to make suggestions while reading pt's posts. No other posters then personal message a site team member after 24 hours.

[cymruambyth]

Hi I'm also working my way through this nightmare. citizenB suggested the 'embarrassed defence' to me.

 

Re: OH v BLS/LTSB

Here is a basic holding defence that shadow posted on another thread. As you dont have sufficient evidence from this crowd to defend yourself properly then this is the way to go I think. In point 3, amend the details of what requests you have sent to suit your situation.

 

 

Quote:

 

1. I, ********** of ************** make this statement as my defence to the claim brought by **************

 

2. The claimants particulars of claim are vague and fail to disclose any cause of action, they appear to be an abuse of the process in that they fail to deal with the basic rules of pleading in accordance with the CPR even allowing for the constraints of the bulk issue system

 

3. No documents supporting the claims in the particulars have been offered and despite a request to the claimant for further information via CPR 31.14 dated xx/xx/xxxx sent by recorded delivery none has been forthcoming and as a result I cannot plead in defence to the claim

 

4. Without clarification of the claimants claim, the defendant is extremely disadvantaged and the claimants claim appears without merit, the defendant asks to be allowed to submit a fully particularised defence should the claimant provide copies of the original documents he will rely upon.

 

5. Further to that above 4 paragraphs, the defendant is unable to plead effectively or at all. The defendant is embarrassed.

 

 

Statement of truth bit here

[I've got no money]

Hi, You need not have bothered with the ten quid etc all a bit late and irrelevant the 12 + 2 days. They are going to court if they produce an enforceable agreement and can convince the judge they will get it enforced. There are several CPRules that apply intially send a letter out to the solicitor using the info from pt here. http://www.consumeractiongroup.co.uk/forum/legal-issues/173201-why-you-shouldnt-use.html#post1868913 However, under the CPR rules you are entitled to see a 'true' copy of any document used in the case 7 or 3 days before the court hearing. Have a look at this extract from the CPR and pick out the rule that applies if you are still waiting and a court date is fixed. ' Evidence for the purposes of a summary judgment hearing 24.5 (1) If the respondent to an application for summary judgment wishes to rely on written evidence at the hearing, he must – (a) file the written evidence; and (b) serve copies on every other party to the application, at least 7 days before the summary judgment hearing. (2) If the applicant wishes to rely on written evidence in reply, he must – (a) file the written evidence; and (b) serve a copy on the respondent, at least 3 days before the summary judgment hearing. (3) Where a summary judgment hearing is fixed by the court of its own initiative – (a) any party who wishes to rely on written evidence at the hearing must – (i) file the written evidence; and (ii) unless the court orders otherwise, serve copies on every other party to the proceedings, at least 7 days before the date of the hearing; (b) any party who wishes to rely on written evidence at the hearing in reply to any other party’s written evidence must – (i) file the written evidence in reply; and (ii) unless the court orders otherwise serve copies on every other party to the proceedings, at least 3 days before the date of the hearing. (4) This rule does not require written evidence – (a) to be filed if it has already been filed; or (b) to be served on a party on whom it has already been served. , I haven't got the time to sort out the lot for you this gives you some pointers for further reading and your next letters critical contents - pt's CPR rule. Get that letter out today and wait for somone with more time to make suggestions while reading pt's posts. No other posters then personal message a site team member after 24 hours.

 

 

Hang on a second - in a case worth more than £5k Part 31 applies which is all about disclosure - disclosure takes place weeks before trial - in fact before exchange of witness statements

 

The stuff on Summary Judgment doesn't apply - unless you know something that we don't - as there is no SJ involved yet.

 

If you've had advice from another Cagger have you got a thread already

 

The CPR letter that you sent - which one was it - was it CPR 31.14 or a CPR Part 18.

 

Can you post a copy of the claim form. Have you got any documents - a default notice etc

 

As far as the Defence is concerned there are two options - you can either apply to the court, on an N244, to extend the time for service of the defence until after they reply OR (nearer the time) file a holding defence - the one that you've posted needs a bit of work

 

What you need to do now is a chasing letter to the solrs telling them that if they do not answer within 7 days the CPR request that you will apply for an order that thery do.

[DJX]

Sadly a letter came from sols with a copy of the application form from 1998 and a copy of default notice sent may 2009.

They have said they wont send statements unless I agree to pay for photocopying and all interest etc is within their contractual rights-and I guess they have a point

Ironically I have in writing a letter from them offering to settle for £3300 in April or £90 per month- I did send them a letter back offering to pay the £90 per month but they ignored it and defaulted me and set Restons onto me-what a lovely bunch

looks like I'll have to admit the debt and hope the judge agrees that I can only afford to keep paying what I pay them now otherwise I can guarantee a charging order and bye bye housey

[I've got no money]

Sadly a letter came from sols with a copy of the application form from 1998 and a copy of default notice sent may 2009.

They have said they wont send statements unless I agree to pay for photocopying and all interest etc is within their contractual rights-and I guess they have a point

Ironically I have in writing a letter from them offering to settle for £3300 in April or £90 per month- I did send them a letter back offering to pay the £90 per month but they ignored it and defaulted me and set Restons onto me-what a lovely bunch

looks like I'll have to admit the debt and hope the judge agrees that I can only afford to keep paying what I pay them now otherwise I can guarantee a charging order and bye bye housey

 

Was the application form from 1998 signed?

 

Can you post it and the DN please

[DJX]

Here we are

 

CAG Batch1.pdf

[DJX]

And here is my reply to the letter from Ms Tipping:

 

Thank you for your letter from Ms Tipping along with a limited amount of the information I requested.

 

In it Ms Tipping states thatshe fails to see why a number of documents are needed.This is irrelevant.

 

It is not up to Ms Tipping or any other member of your firm to decide which documents held on file are appropriate to release,it is however a legal obligation under ther Data Protection Act to supply those documents on request,which you have failed to do.

 

I have again attached the SAR request sent to your client on June 17th (some 3 weeks ago) - they have had ample opportunity to cash the cheque which was enclosed with it if they were unable to afford the copying fees, and ample time to ask for further payment if needed.

 

I intend to contest your clients claim based on their deliberately misleading statements made during telephone calls and letters and in particular those calls made by representatives on or about midday on Friday May 8th and on the following Monday May 11th.I also wish to call into evidence a transcript of the telephone call made by a representative of your client on or about 5pm on Friday December 19th 2008.

 

I am also in receipt of various letters from your client dating back to May 2008 informing mo of the restructuing of the account and removal of all arrears.

 

I have also requested copies of statements showing fees and charges as a representative of your client issued in writing the following statement:

 

" I will continue to suppress all interest and fees on the understanding that payments made will clear the otstanding balance within a 125-month period,I am more than willing to review the fees and charges that have already been applied to the account"How therefore am I expected to accept that the balance claimed by your client is fair and accurate if by their own admission there are fees and charges which have been added to the account which may have been added without my knowledge?

 

I am also in receipt of two letters which both clearly state that the debt is due to be assigned to a third party by a specific date-this also never happened. It is my understanding that any document sent to a client under the Consumer Credit Act must not be misleading-in one instance it was stated that a payment of £100 would clear the arrears-this payment was made but the arrears were obviously never cleared. If this had been done, and the arrears cleared, then the Default Notice is clearly invalid.

 

Unfortunately, I do not feel that your client has demonstrated trustworthy or consistent communication and is is for that reason that I intend to dispute their claim against me.

 

I will be entering a plea of an embarrassed defence by close of business tomorrow as your client has failed to respond to their legal obligation to provide me with information held regarding my account. I think that the County Court is probably the best place for this conduct to be discussed and I hope that by the time of the case, your client has provided me with all of the information I have requested on more than one occassion.

 

Should your client wish to reconsider their position and choose to re-instate the offer of accepting £90 per month as detailed above,then you should contact me immediately in writing or via emailprior to close of business tomorrow.