help please - **Discontinued***

[chippo]

i recently received court papers from mbna the papers came from the northampton bulk center, i am dening the whole claim and i am doing this online, do i need to enter my defence in the box (defence) or can i leave it blank?, thanks

[MandM]

Hi chippo,

 

When did you receive it and how long have you got?

 

Have you gone online and completed the acknowledgement of service? If not then get that done. I assume you'll be defending 'All'.

 

Will try and pop on this evening and give you a hand.

 

M

[chippo]

the issue date on the court papers is 27 nov, just filling it in now, do i tick the box where it says "contest juresdiction ?

[cerberusalert]

Moved to Legal Forum

[MandM]

the issue date on the court papers is 27 nov, just filling it in now, do i tick the box where it says "contest juresdiction ?

 

Will pop on later. You have oodles of time. Just complete the AOS on-line for now,

 

M

[chippo]

right, did not tick the contest juresdiction box, acknowledgement of service has been sent,

[chippo]

thx M, very much appreciated.

[supasnooper]

Has the claimant supplied you with any of the documents referred to in the Particulars of Claim ?

 

Or are you in posssession of the necessary douments ?

[chippo]

hi supasnooper,there are no documents refered to in the poc,

 

particulars of claim is as follows,

 

the claiment claims payment of the overdue

balance due from the defendant under a contract

dated on or about xx/xx/1999

in the sum of xxxxx.xx inclusive of interest

to the date of this summons at 8% from xx/xx/09 to xx/xx/09

PARTICULARS a/no;-xxxxxxxxxxxx

DATE ITEM VALUE

XX/XX/09 default balance xxxxx.xx

post refrl cr NIL

 

XX/XX/09 interest xx.xx

TOTAL XXXXX.XX

 

together with;-

interest pursuant to s69 county courts act 19

at the rate of xxx.xx pence per day to the date of

judgment or sooner payment.

 

 

 

thats what the poc says, a while ago i sent for a cca and all i received back was an application form, hope this helps,

[hungrybear]

you are going to have to give more details as snoops says. I got the impression in your earlier posts that you were thinking of putting in a 'get stuffed I dont owe it' defence? Whilst I con understand the sentiment I would urge you to 'jump through the hoops' or you could lose this by default.

 

What kind of debt is it, do you have the paperwork, and the details of their claim would help us help you.

 

The process goes something like this:

you request documents to support their claim using cpr 31.14 / 18

then you prepare a holding defence.

 

Make sure you work out the court submission deadlines and stick to them.

 

hope that helps for now

[chippo]

its an mbna credit card, i dont have any paperwork, so do i need to request these documents using cpr 31.14 ?

[hungrybear]

send a cpr 31.14 and a cpr 18 and get a holding defence ready for when they dont comply with your requests in time.

[chippo]

i think i may need help with the cpr 31.14, and what is a holding defence?

[chippo]

is this ok please,

 

Dear Sir,

 

Re: (Claimant's name) v (my name) Case No:

CPR 31.14 Request

 

On 27 november 2009 I received the Claim Form in this case issued by you out of the northampton 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

 

3 the termination notice

 

 

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

 

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

[chippo]

oh they are claiming more than £5,000 do i delete the paragraph under the word "termination" ?

[chippo]

could someone please have a look and advise,

[MandM]

oh they are claiming more than £5,000 do i delete the paragraph under the word "termination" ?

 

Yes, delete.

 

And don't forget CPR 18 too as HB pointed out.

 

M

[chippo]

thx M, is it ok to leave #2 and 3 in if they wasnt mentioned in the poc ? thx

[MandM]

thx M, is it ok to leave #2 and 3 in if they wasnt mentioned in the poc ? thx

 

Yep

 

M

[chippo]

both done ready to send tomoz, thx all.

[MandM]

both done ready to send tomoz, thx all.

 

Call me unfair but i delay sending it for a bit - gives them less time to comply but that's my own opinion. It's up to you

 

M

[chippo]

lol @ M,,,,,am i right in saying that i have untill 30/12/09 to get my defence in ? and does the same apply to an holding defence

[MandM]

There or thereabouts. From memory it's 28 days plus a few days for postage so sounds about right.

 

AOS has to be by 14 days - would send CPR requests just after the 14 days has passed.

 

M

[chippo]

how long do i need to wait for a response from the other side before i have to send in a holding defence please ?

[MandM]

how long do i need to wait for a response from the other side before i have to send in a holding defence please ?

 

Are you doing it online? get your holding defence prepared! You can wait up until you have enough time left to get your defence into court if you wish.

 

DON'T be late getting it in!!!!

 

It's unlikely they'll respond with everything you've asked for anyway.

 

M