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AJR1

Help - Filed CPR 31.14 request no response .. now what?

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Hi Guys,

 

I received a county court claim on 16th July 2010. I sent a CPR 31.14 request on 29th July, delivered via Royal Mail Signed For on 2nd August.

 

The CPR 31.14 request stated that if the documents aforementioned in the POC were not received by me within 7 days then an N244 would be sought compelling disclosure of the document mentioned in the POC within 14 days and if this is not adhered too request the case be struck out.

 

I've completed the N244 as per the advice given, however I wanted clarification that im going about this in the right way.

 

Do I have to give them 14 days to reply to the CPR 31.14 request on the N244? Or can i request here and now that this be struck out as they have not replied within the 7 days as set out in my CPR 31.14 request.

 

Cheers.

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Bump - Please help :)

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Hello and welcome ;-)

Did you send back your Acknowledgement of service and have you filed a defence yet??


“First they ignore you, then they laugh at you, then they fight you, then you win.” - Ghandi

"You must have the resources to deal with the judicial intervention - the confidence not to be overawed, the resilience to respond, the tenacity to challenge, the tact to mollify, the authority to inform and persuade."

 

Strength does not come from winning. Your struggles develop your strengths. When you go through hardships and decide not to surrender, that is strength.

 

<-- If I have helped in any way please click my star!! ;)

Oh and I am a lady!! :)

 

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Hello and welcome ;-)

Did you send back your Acknowledgement of service and have you filed a defence yet??

 

Yes around 3 days after I received the county claim form through the mail.

 

I sent it 27th July along with the CPR 31.14 request, both of these were sent 27th July and confirmed delivery on 2nd August.

 

Its now 10th August, and yesterday i filed an N244 form along with a copy of my CPR 31.14 request.

 

Have I done everything right? If so, what are my next steps.

 

Really appreciate the advice.

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You are perfectly within your rights to make an order at any time. What did you put on your N244 for "what order you would like the court to make and why?"?


“First they ignore you, then they laugh at you, then they fight you, then you win.” - Ghandi

"You must have the resources to deal with the judicial intervention - the confidence not to be overawed, the resilience to respond, the tenacity to challenge, the tact to mollify, the authority to inform and persuade."

 

Strength does not come from winning. Your struggles develop your strengths. When you go through hardships and decide not to surrender, that is strength.

 

<-- If I have helped in any way please click my star!! ;)

Oh and I am a lady!! :)

 

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An order that unless within 14 days of the making of an order upon this application the Claimant complies with a request made by the Defendant on 27th July 2010 pursuant to CPR 31.14 by the provision to the Defendant of documents mentioned in the Particulars of Claim, namely the mobile phone service agreement, the claim shall stand struck out and the Defendant shall be at liberty to enter judgment against the Claimant without further order of the court with the costs of this case to be paid by the Claimant to the Defendant to be assessed on the standard basis and pursuant to the provisions of The Litigants in Person (Costs and Expenses) Act 1975.

 

The application is made because of the Claimant's refusal to comply with the Defendant's CPR 31.14 request and the documents are required owing to the age of the case and to enable the proper preparation of a Defence.

 

^ that wonderfully constructed paragraph above. :)

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That's fabulous ;-) Did you attach a draft order too? In my opinion you have done the right thing, I would've done the same, actually I did lol! :lol:

I believe you still need to file a defence before the 28 days but if you haven't heard anything by then I suspect you would need some sort of embarrassed defence. Best of luck :-)


“First they ignore you, then they laugh at you, then they fight you, then you win.” - Ghandi

"You must have the resources to deal with the judicial intervention - the confidence not to be overawed, the resilience to respond, the tenacity to challenge, the tact to mollify, the authority to inform and persuade."

 

Strength does not come from winning. Your struggles develop your strengths. When you go through hardships and decide not to surrender, that is strength.

 

<-- If I have helped in any way please click my star!! ;)

Oh and I am a lady!! :)

 

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Unfortunately I didnt attach the draft order as I completely forgot! :D nevertheless how will that leave the N244 that I submitted, is it still valid?

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I should think so, you are not obliged to attach a draft order, there's a box to tick to say you are not attaching one so it shouldn't matter I don't think.


“First they ignore you, then they laugh at you, then they fight you, then you win.” - Ghandi

"You must have the resources to deal with the judicial intervention - the confidence not to be overawed, the resilience to respond, the tenacity to challenge, the tact to mollify, the authority to inform and persuade."

 

Strength does not come from winning. Your struggles develop your strengths. When you go through hardships and decide not to surrender, that is strength.

 

<-- If I have helped in any way please click my star!! ;)

Oh and I am a lady!! :)

 

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Excellent, did i need to submit a cheque with the N244? - Also do you have any idea what happens now, this seems to be a game of who can wait around the longest.

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It costs £75 to file an N244, it needs to be sent at the same time. If you haven't sent it you should really send it in first class tomorrow with a covering letter or better still take it down to the court yourself.


“First they ignore you, then they laugh at you, then they fight you, then you win.” - Ghandi

"You must have the resources to deal with the judicial intervention - the confidence not to be overawed, the resilience to respond, the tenacity to challenge, the tact to mollify, the authority to inform and persuade."

 

Strength does not come from winning. Your struggles develop your strengths. When you go through hardships and decide not to surrender, that is strength.

 

<-- If I have helped in any way please click my star!! ;)

Oh and I am a lady!! :)

 

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Oops well then the cheque I have sent is the wrong amount I thought it was £40.00 - I will ring the court tomorrow, the court is in Northampton it is unfortunately nowhere near me.

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The proceedings will be transferred to your local court if it gets that far anyway!!


“First they ignore you, then they laugh at you, then they fight you, then you win.” - Ghandi

"You must have the resources to deal with the judicial intervention - the confidence not to be overawed, the resilience to respond, the tenacity to challenge, the tact to mollify, the authority to inform and persuade."

 

Strength does not come from winning. Your struggles develop your strengths. When you go through hardships and decide not to surrender, that is strength.

 

<-- If I have helped in any way please click my star!! ;)

Oh and I am a lady!! :)

 

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excellent, what would be your opinion given the steps i have taken thus far and the fact that the claimants solicitors are being absolutely uncooperative.

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In my opinion you have done exactly could be expected of you in your situation. You can only wait and see what order the court will make and if they comply with it. Never count on anything, just deal with each step as you go along :-)


“First they ignore you, then they laugh at you, then they fight you, then you win.” - Ghandi

"You must have the resources to deal with the judicial intervention - the confidence not to be overawed, the resilience to respond, the tenacity to challenge, the tact to mollify, the authority to inform and persuade."

 

Strength does not come from winning. Your struggles develop your strengths. When you go through hardships and decide not to surrender, that is strength.

 

<-- If I have helped in any way please click my star!! ;)

Oh and I am a lady!! :)

 

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Update ** Received a response stating that they cannot provide me with the documents I have requested within the CPR 31.14 request within 14 days. - What should i do now?

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Update ** Received a response stating that they cannot provide me with the documents I have requested within the CPR 31.14 request within 14 days. - What should i do now?

Have they given you an extension for submitting your defence then?? If they can't supply the docs within 14 days, (although really they only should have 7 days), then when do they foresee they WILL be able to supply them??


“First they ignore you, then they laugh at you, then they fight you, then you win.” - Ghandi

"You must have the resources to deal with the judicial intervention - the confidence not to be overawed, the resilience to respond, the tenacity to challenge, the tact to mollify, the authority to inform and persuade."

 

Strength does not come from winning. Your struggles develop your strengths. When you go through hardships and decide not to surrender, that is strength.

 

<-- If I have helped in any way please click my star!! ;)

Oh and I am a lady!! :)

 

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They do not say, simply that this will not be done within 14 days.

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In terms of an extension, I returned the acknowledgement of service I thought that automatically gave you an extension of 14 days? but this will nearly be up, hence why I filed for the N244.

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My point is that if they don't give you an extension of more than what you've already got then you won't be in a position to file a informed defence because they won't have sent the docs in time for you to know what it is you have to defend on!

 

I've been to court today to file my N244 and you were right, it is only £40 if you are applying for something "without a hearing", sorry.

If I were you I'd leave things as they are, let the court serve the unless order and if you don't hear anything before your deadline for filing a defence, file an embarrassed defence. Just my opinion :-)


“First they ignore you, then they laugh at you, then they fight you, then you win.” - Ghandi

"You must have the resources to deal with the judicial intervention - the confidence not to be overawed, the resilience to respond, the tenacity to challenge, the tact to mollify, the authority to inform and persuade."

 

Strength does not come from winning. Your struggles develop your strengths. When you go through hardships and decide not to surrender, that is strength.

 

<-- If I have helped in any way please click my star!! ;)

Oh and I am a lady!! :)

 

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My point is that if they don't give you an extension of more than what you've already got then you won't be in a position to file a informed defence because they won't have sent the docs in time for you to know what it is you have to defend on!

 

I've been to court today to file my N244 and you were right, it is only £40 if you are applying for something "without a hearing", sorry.

If I were you I'd leave things as they are, let the court serve the unless order and if you don't hear anything before your deadline for filing a defence, file an embarrassed defence. Just my opinion :-)

 

Yeah i will let them continue on with it, only thing I didn't do is to attach the draft order, however having said that, the order i've requested clearly states that if nothing is heard within 14 days the case shall stand struck out.

 

I've attached a copy of the CPR31.14 request I sent to the claimant also.

 

You feeling confident on my chances then? How long does the N244 take to be heard by a DJ?

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It shouldn't take too long for referral to a judge for this kind of order I shouldn't think, probably a week or so dependant on how on the ball the court are.

Yes it looks promising so far, courts are generally not best pleased with companies that bring claims without the docs to back it up so I've got everything crossed for you ;-)


“First they ignore you, then they laugh at you, then they fight you, then you win.” - Ghandi

"You must have the resources to deal with the judicial intervention - the confidence not to be overawed, the resilience to respond, the tenacity to challenge, the tact to mollify, the authority to inform and persuade."

 

Strength does not come from winning. Your struggles develop your strengths. When you go through hardships and decide not to surrender, that is strength.

 

<-- If I have helped in any way please click my star!! ;)

Oh and I am a lady!! :)

 

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It shouldn't take too long for referral to a judge for this kind of order I shouldn't think, probably a week or so dependant on how on the ball the court are.

Yes it looks promising so far, courts are generally not best pleased with companies that bring claims without the docs to back it up so I've got everything crossed for you ;-)

 

You and me both, I find it insulting that they have gone to court without even having the original documents yet they mention them in the POC. Surely a DJ will look at that with discontent.

 

In the meantime I have to file a defence in 4 days! How am i meant to do that!?

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I would say you need to file an embarrassed defence to cover yourself in the meantime. I'll see if I can dig out a template for you later on this evening.


“First they ignore you, then they laugh at you, then they fight you, then you win.” - Ghandi

"You must have the resources to deal with the judicial intervention - the confidence not to be overawed, the resilience to respond, the tenacity to challenge, the tact to mollify, the authority to inform and persuade."

 

Strength does not come from winning. Your struggles develop your strengths. When you go through hardships and decide not to surrender, that is strength.

 

<-- If I have helped in any way please click my star!! ;)

Oh and I am a lady!! :)

 

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That would be very much appreciated :)

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