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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.

 

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

 

Your client should ensure compliance with its CPR 31 duties and ensure that the documents 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

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Hi All.

 

I am new to to this site but am out of my mind at the moment. I have a CCJ against my name from Natwest and have been paying of monthly on time for the last 2 years with no problem. Out of the blue i get a letter from INCASSO asking for a full payment of £24,252.05. They are threatning to take legal action if i do not pay in full. I have already got a ccj what else can they do. I am so worried and feel total sick about this all. Please help as i am not sure what to do next.

 

regards

Brett

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Hi All.

 

I am new to to this site but am out of my mind at the moment. I have a CCJ against my name from Natwest and have been paying of monthly on time for the last 2 years with no problem. Out of the blue i get a letter from INCASSO asking for a full payment of £24,252.05. They are threatning to take legal action if i do not pay in full. I have already got a ccj what else can they do. I am so worried and feel total sick about this all. Please help as i am not sure what to do next.

 

regards

Brett

 

You really need to start you own thread, so as to get advice specific to your case.

 

When the CCJ was awarded what were the repayments agreed with the court, this is what the solicitor is obliged to go along with whether they like it or not.

 

If they are making threats you can complain to trading standards and also the court

 

but please start your own thread

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  • 4 weeks later...

Hello again, i would be grateful for some advise please. I have another creditior who had a claim against me for a tesco loan, I had never defaulted until recent unemployment. The claim went to court and I asked for a minimal payment to be accepted until I was able to sort myself out. The court disagreed with the low amount and said I must pay £26 a month, Two weeks later I now receive a letter saying there is to be a claim for reconsideration (the letter states it was my application but I have never sent anything? I rang the court and they think this may be a typing error and it is their application? My file were not to hand to check this as on the way to my local court) I have no idea what to expect when I attend or what to say please would someone advise me, I am terrified at the thought of attending thank you

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Hi badger , It looks like incasso would like payments to be increased or even change the judgement to forthwith which would allow them to try and put a charge over your home if you own it . Firstly don't be alarmed at what I just mentioned because it does allow you to present to the court your income /expenditure and you can ask that the judgeto lower your payments if you wish. Going to Court is not as terrifying as you may have thought. All of the other people in the waiting room will be in the same or worse situations (house repossessions etc), In the court room there will be only yourself , the Judge and solicitor for the claimant.The Judge will be used to dealing with people with no court experiance and will talk to you accordingly . Be strong , explain your situation and most importantly have to hand proof of payments to show you have regularly been paying the debt even if only £1 per month. Generally the Judge will only expect you to pay what you can reasonably afford after all your regular bills are paid and allowing for food heating clothing etc. If you can get to the court early there is often someone from the CAB who will also help you .Before you go to court read up on other posts on this site from others like you who have not been to court before and if I remember right there is also a great post on what to expect at court on this site , I will try to find it for you.

Any questions you have just post and you will find many replies as we have all been there.

sleepingdog

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Hi badger , unfortunatly yes , is this your biggest debt ? if not you could state that to the Judge ,also that it would unfairly give priority towards that particular creditor but it may not stop the court changing the CCJ to forthwith allowing the creditor to instantly apply for a interim charging order .That is why you must attend court and fight it as much as you can. You can win , I have before , read up on charging orders and you will see some defences that you can use . Even if the Judge does change judgement to forthwith and the creditor applies for a interim charging order you will still be able to defend against the final charging order.

sleepingdog

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Hi badger , unfortunatly yes , is this your biggest debt ? if not you could state that to the Judge ,also that it would unfairly give priority towards that particular creditor but it may not stop the court changing the CCJ to forthwith allowing the creditor to instantly apply for a interim charging order .That is why you must attend court and fight it as much as you can. You can win , I have before , read up on charging orders and you will see some defences that you can use . Even if the Judge does change judgement to forthwith and the creditor applies for a interim charging order you will still be able to defend against the final charging order.

sleepingdog

 

I believe you can ask your other creditors to object also..

 

Have a look at this thread

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/203298-guide-charging-orders-orders.html

 

S.

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I see thank you very much for your time, although I am a little confused as another forum buddy told me the following just this afternoon:

 

'If a decision cant be reached via the next hearing,but I'm sure it will,you can then consider making application via the N245 (redetermination)

In any event any judgment made that is being paid by installments either vis a vis N9A or the N245,and payments are maintained and never defaulted then it is imposable for the creditor to make an application for a Charging Order,not only imposable but against the law for any DJ to allow it.'

 

I have sent a N9A and have never defaulted on the payment so does this make a difference to your advice?

I am sorry I am totally confused and very stressed. Is it really possible that someone would come with me? Where would I find them? Thank you again B

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I see thank you very much for your time, although I am a little confused as another forum buddy told me the following just this afternoon:

 

'If a decision cant be reached via the next hearing,but I'm sure it will,you can then consider making application via the N245 (redetermination)

In any event any judgment made that is being paid by installments either vis a vis N9A or the N245,and payments are maintained and never defaulted then it is imposable for the creditor to make an application for a Charging Order,not only imposable but against the law for any DJ to allow it.'

 

I have sent a N9A and have never defaulted on the payment so does this make a difference to your advice?

I am sorry I am totally confused and very stressed. Is it really possible that someone would come with me? Where would I find them? Thank you again B

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Hi Badger, One thing I can tell you is that even if a court tells you to pay say £25 per month and you always pay on time if the creditor wishes they can apply for the courts to change the order to forthwith allowing them to then apply for a charging order. If you do not then turn up to court and object the court will grant the change to forthwith and even if you do turn up at court the judge may still grant the forthwith order allowing a application for a charging order. There is no law that I know of to stop a creditor from doing the above.

sleepingdog

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