Carter/EGG Claim Form **DISCONTINUED**

[gh2008]

ok, you have got a nice open & shut case, no matter what happens this Friday.

 

Without a DN all they are entitled to demand are the legitimate arrears (i.e. missed payments etc less any unlawful charges & interest)

 

You need to send an Acknowledgement of Service in within 14 days.

 

I would SAR Egg ASAP - it will be a useful £10 spent.

 

Get that off and then the next step will be a CPR request to Mr Carter.

 

You cannot use a CPR31.14 or CPR18 as there are no documents referred to. However I have used a CPR 31.12 in the past to very good effect.

 

I will dig it out for you to get off the BC.

[gh2008]

Here is the CPR letter for you

 

Dear Sir,

 

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

 

CPR 31.12 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 form to the court indicating my intention to contest all of the proceedings.

 

Owing to the striking lack of particularity in your Particulars of Claim, I require the prompt disclosure by you pursuant to CPR 31.12 of each of the following documents, mention or reference to which would have been made had the Particulars of Claim contained the minimum of necessary particulars and complied generally with CPR PD 16.

 

1 the agreement giving rise to the obligation to ###### for the credit advanced. 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, the service of which was a condition precedent to the creation of the debt now sued upon by you pursuant to the assignment disclosed by you under [2] above.

 

You should ensure compliance with your 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 31.12 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.

 

If you are unable to comply with that part of this request concerned with CPR 31 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 any part of this request or fail to request more time, 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 look forward to hearing from you.

 

yours faithfully

 

Please don't just copy 'n' paste 'n' post - know what it means and why your are sending it. Look up CPR and yell if you need help.

 

Information is power

 

Good luck

[gh2008]

you acknowledge with the intention of defending in full but wanting the 28 days to prepare your defence.

 

Can't remember exactly the tick box wording

[gh2008]

no, that's your defence - you are not defending at the moment, just acknowledging service with the intention to defend in full

[gh2008]

If you can't do it then send in the paper form.

[gh2008]

Write reminding them, also inform them that if you do not hear back from them within 7 days you will make an application to strike out their claim.

[gh2008]

Nope, not usual - normally they're ignored!!.

 

You need to contact the Court to inform them of the agreed extension to your defence.

 

i.e. 14 days from receiving their docs (which they have asked for another 28 days for)

 

It may be worth writing to the Court and enclose a copy of the letter.

[gh2008]

agree with Donkey - if you have a case you DO NOT want to agree to SCT.

 

Fast Track = costs for you when he discontinues

[gh2008]

yep agree with Donkey, thank him for what you have got (and detail it) and remind what's outstanding.

[gh2008]

Keep reminding him and ask when he expects to be able to comply.

Detail what you asked for, what he sent & what is missing

 

copy to the Court

 

DO NOT submit a defence yet as it will not be complete and Carter STILL hasn't submitted a proper claim.

 

If time runs out submit an application for an 'unless order' i.e. unless he submits the docs then the claim will be struck out

 

The order would also include a line saying that 14 days from him serving the doc you have to submit a fully particularised defence

[gh2008]

Keep reminding him and ask when he expects to be able to comply.

Detail what you asked for, what he sent & what is missing

 

copy to the Court

 

DO NOT submit a defence yet as it will not be complete and Carter STILL hasn't submitted a proper claim.

 

If time runs out submit an application for an 'unless order' i.e. unless he submits the docs then the claim will be struck out

 

The order would also include a line saying that 14 days from him serving the doc you have to submit a fully particularised defence

 

no change from this really

[gh2008]

If you do want to submit a defence then I would base it around the following.

 

1. Admit having an account which would have been regulated by the CCA 1974

2. Admit applying for it

3. Deny that there ever was an agreement compliant with the terms of the Act

4. Deny a compliant DN was served

5. Therefore the claimant has no cause of action in this case and the claim should be struck out.

 

very simple and clearly answering the POC