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Are these CCA's enforceable


shirei12
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Absolutely Shirei not that it will need much of a defence.

 

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Andy

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I have had a reply to the CPR 31.14. today. All they have done is forward the request to HFC and put the account on hold. How on earth can they put this on hold if it is with the courts???

quote:" These documents should be with you as soon as possible" I know from experience how long HFC take to respond (if at all).

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Keep a copy of that response would be nice to attach it to your AQ:oops:

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Hi Shirei

 

No 33 days in total 5 deemed served so that leaves 28.Fourteen to to AoS and a further to fourteen to submit said defence.Check your dates!!!!!

 

 

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Andy

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I make it 31st August but a quick phone call will confirm Shirei.

 

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Andy

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Lets leave it till Friday (27th) Shirei, ill post you a short draft before then to peruse

 

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Andy

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Whats the value of this claim Shirei and which proposed track?

 

 

Andy

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I did some thread trawling and found this short defence by foolishgirl:

 

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

 

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 the above, the defendant is unable to plead effectively or at all. The defendant is embarrassed.

 

Statement of Truth

 

I believe the above statement to be true and factual

Signed

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Yes thats fine Shirei dont forget to print your receipt MCOL

 

Regards

 

Andy

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Yes you dont have time to go through all that rigmarole and CPR is very restricted to SCT cases anyway, as i have stated in another thread they prob wont agree anyway or mislead you and you end up missing your defence date.Submit it and relax and have a good weekend.

 

Regards

 

Andy

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  • 2 weeks later...

I have today received communication from Sols. They have received defence from court and their client does not accept such and they state they have written to court to request transfer to our local court and proceed as a defended matter.

They have noted contents of defence and requested the evidence which will form the basis of their case (ie what I requested in CPR 31 I4 presume) They will forward this in due course and they do not anticipate it will take longer than 7 days from date of letter.

Their client is also prepared to accept any settlement offer or suitable monthly instalment arrangement.

Edited by shirei12
typo
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Hi Shirei

 

 

Whats the bump for why sad:sad:

 

 

Andy

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