CPR 31.14 request submitted-Please help!!

[dcems]

Hi all

 

As you guys advised me I have requested docs referred to in the claim against me by Santander Cards Ltd and have asked for them to be sent to me in the next 7 days.

 

I have been online and advised I will be defending the claim.

 

Will I now have to wait for forms to be sent to me to complete defense and provide all my evidence?Or do I send what I have to Northampton Court?Also will it be transferred to my local court,and will I be expected to go?Claim form was dated 9.11.09

 

How should I word my defense?Or shall I post again once I get the forms?I am so stressed out over this and dont know what to do. I have never been taken to court before.

Please help!

 

Thanks

[42man]

Hi DCEMS please try and relax....you seem to have done fine so far.....(did you send the CPR recorded ?) You have to acknowledge receipt of the claim within 14 days of the date on the claim form, you then get a further 14+3 days in which to submit your defence...however it is too early for you to submit a defence as you have to wait and see if they respond....if it gets close to the deadline then you must put in an embarrassed defence....then await the AQ and Directions !! Just stick to the timetables....what were the particulars of the claim ? (don't be specific with regard to dates or figures)...

[dcems]

Particulars of claim:

the claimants claim is for the sum of £###.## being monies due from the defendant to the claimant under a regulated credit agreement between the defendant and Santander CardsLtd....and assigned...on the 4.11.09...the defendant has failed tomake payments in accordance with the terms...default notice has been served under Sect 87(1)...the claimant claims contractual interest a 17.46%pa.......

 

 

Yes,I sent request recorded as advised on the forum.

I was told my agreement was with GE Money,who seem to have sold it to Santander.In total I have had GeMoney,Viking Collections,Santander,CL Finance and Howard Cohen write to me.My agreement has never been with Santander.I have made reduced payments since April 2009,have not used my card for 2 years,and all my requests for a bit of understanding have been ignored.

I have sent in total 4 budget sheets to each company dealing with my account to no avail,other than receiving harrassing phone calls late at night,or leaving messages with my daughter trying to trick her into giving out my work number!

 

So should I be hearing from the court by the 15.12.09? And what is an embarrassed defence?

 

Sorry for not knowing what to do and panicking!

[42man]

A couple of examples of embarrassed defences here (the 2nd one is more recent) - http://www.consumeractiongroup.co.uk/forum/legal-issues/156156-help-mum-being-taken.html#post1665130

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/233016-robinson-way-court-case.html#post2602082

[dcems]

thanks for the link

 

I checked my court papers and i only have 2 sheets-the NICPC claim form,and AOS. no defense form in there

 

will the court send this to me now i have done my AOS?

 

my CPR request was delivered by special delivery and received today,but looking at other threads relating to HC its likely they will ignore it or make an excuse

 

what should i do now?

[postggj]

i take it we are talking about mr cohen

 

if no response from this cretin, just submit the embarrassed defence

[dcems]

yep,its mr cohen

 

how they are allowed to pratice i dont know.will keep u posted on developments-just so im clear-will the court send me defence papers following my aos? or do i just write in?

[postggj]

you have to file the embarrassed defence

 

dont worry

its straightforward

 

if ths is a mcol, simple

 

if not, we just send to the court

 

we have a week to ten days after you acknowledged the claim

 

please watch your dates

 

thats 10 days from acknowledgement to send in defence

 

its actually 14 days but we need to allow for postage

[dcems]

I have found my defence form.the claim is dated 9.11.09..date of service is 5 days after the issue date,so thats 14.11.09. AOS received 23.11.09. so defence has to be in by the 3.12.09??

Should I wait to hear back from HC before i do defence on-line?

 

thanks x

[dcems]

wow,just got some mail from Hc

 

Surprise surprise, they have said a CPR 31.14 is not applicable to small claims as its for less than £5k.

 

Shall i go ahead and file my embarrassed defence? if I do it on-line how will i provide evidence of their refusal?

[postggj]

this is cohen at his best

 

cohen will prob pull out after the defence has gone in

 

do you have the embarrassed defence template for cohen

[dcems]

42man kindly put some links up,but they are not specific to cohen. if you could send me/post the template that would be fab.

what are the chances of me winning this?cohen are saying only the court can direct for documents,and there is sufficent info on the claim for me to know whats going on? First mistake is my credit agreement was never with Santander-it was with GE Money back in 2004 i think.Hopefully i will win this!

[postggj]

ill see if i can dig one up later on tomorow to cut and paste

[dcems]

that would be great,thanks x

[dcems]

Is anyone able to put up a link for a HC embarrassed defence template? I have to have my defence in by the 3.12.09.

I have trawled through quite a few threads,and cant find anyhting specific to HC.

I feel confident I can win this,going by other peoples experiences.

I am so glad I found this site.If you can help I would be very grateful

 

E x

[supasnooper]

There is no specific HC embarrassed defence template as such.

 

It is a common problem here on CAG that people assume that there is a "One size fits all" template ....... the reality is that every case is different.

 

Your defence must be constructed to defend against the claims stated in the Particulars of Claim.

 

An example of a "holding" defence is posted below. Please take your time to read and understand what is written.

You can then amend the document to suit your specific requirements.

 

 

DEFENCE

 

 

 

1. The claim as pleaded does not contain sufficient particulars to permit the Defendant to file a properly particularised and pleaded defence. The Defendant has made a request for disclosure, pursuant to Part 31 of the Civil Procedure Rules, to the Claimant to allow him to properly respond to the claim. The Claimant has failed to respond to the Part 31 request.

 

2. It is Not admitted that the Defendant signed an agreement with XXXX . If, which is not admitted, such an agreement exists the precise terms and date of any such agreement are not admitted. The Defendant does not have in his possession any such agreement and is not therefore able to comment thereon. The Claimant is put to strict proof as to the date and terms of such agreement.

 

3. It is averred that if any agreement existed that the aforesaid agreement was a regulated agreement within the terms of the Consumer Credit Act 1974 (The Act). It is not admitted that any such Agreement is enforceable within the terms of the Act. The Claimant is put to strict proof that the aforesaid agreement was properly executed and has been enforceable at all times since its' inception.

 

4. The Defendant has no knowledge of the service of a default notice. The claimant is put to strict proof as to the content and service of any such alleged default notice.

 

5. Further and in the alternative it is not admitted that the sums claimed are lawfully owing. The Claimant is put to strict proof as to how the sums claimed have been calculated and as to how it is asserted that the sums claimed are contractually owing.

 

6. Further and in any event in view of the failure to comply with the CPR Part 31 request it is denied that the Claimant is entitled to costs as claimed or at all.

 

7. In view of the foregoing it is denied that the Defendant is indebted to the Claimant as alleged or at all.

 

Statement of Truth

 

I believe that the facts stated in this defence are true.

 

I am the Defendant.

 

 

XXXXX

 

 

Date

[postggj]

as snoopersnooper states

 

you need to understand your own claim or you will end up with egg on your face

[hungrybear]

Firstly, do not expect anyone on cag to take responsibility for your case - that's your job as posty says but we can help.

 

couple of points that may be worth spelling out.

-GE were incorporated into santander, so this is technically the OC

-CPR 31 is applicable to any claim prior to allocation but not to small claims after allocation, ie they are talking out of their backside and should have complied

 

- read, understand and modify the holding defence. For example you may wish to change

 

The Claimant has failed to respond to the Part 31 request.

 

to

 

The claimant responded to the part 31 request in a letter dated xx/xx/xx stating that a CPR 31.14 is not applicable to small claims as its for less than £5k. The defendant wishes to draw attention to the fact that CPR 31.1(2) only applies after allocation. etc etc

[dcems]

I'm sorry if i gave the impression I expected others to aid me without taking responsibilty for it myself.

 

i have tweaked my defence and it has been submitted.

Thank you for all your help

[hungrybear]

I'm sorry if i gave the impression I expected others to aid me without taking responsibilty for it myself.

 

i have tweaked my defence and it has been submitted.

Thank you for all your help

 

Fandabbidosei

 

Any more advice need then just tag it on the bottom of here, we're all here to help:D

[Born To Be]

Have you heard anything dcems?

[dcems]

hi,

 

yes, i received an acknowledgement. it just says the claimant may contact me to resolve the dispute direct,or he will inform the court direct if he wishes to proceed. the court has to be contacted within the next 28 days,otherwise the claim will be stayed. This letter was dated 2.12.09.

 

I am guessing this is a standard letter the court sends out.At the moment I am off sick with an abcess in my back and I am house bound so either way I wont be bullied by anyone as,quite simply,I am too ill to take any more stress.

 

Hope you all have a good christmas. I will keep in touch with any updates.

[Gazza112]

Subbing with interest

[dcems]

Well, I have had some defence forms sent to me by my local court.

 

Was going to complete and send back, stating I dont want mediation.

 

Does this mean Cohen want it to go to court? I have had no responce to my CPR request and no further contact made by them direct either way:mad:

 

Guess this means I will get a court date and have to face them direct.

[Gazza112]

Well, I have had some defence forms sent to me by my local court.

 

Was going to complete and send back, stating I dont want mediation.

 

Does this mean Cohen want it to go to court? I have had no responce to my CPR request and no further contact made by them direct either way:mad:

 

Guess this means I will get a court date and have to face them direct.

 

 

Hi

 

The did the same with me, asking for the Courts to deal with there case by mediation. Or other words Cohens didn't want to attend the Courts Hearing. I still had to turn up for the case.

I give you a little tip, If there going to use the mediation service i would if i was you put in a Counterclaim for wasted costs before the hearing.

Otherwise the District Judge will only if you win award you out of pocket costs on the day.

This is how i see it as i've had 2 cases one from Cohen's and was awarded different cost for each case by the same Judge.

 

Gaz