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Bryan Carter, Capital One and A County Court Claim

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After a long time away from CAG due to ill health (sorry) I'm back. Just when I'm getting back on my feet I get the post from doom. Bryan Carter has filed at Northampton County Court over a Capital One debt for my partner- which has been in dispute over charges since 2009.

 

I've had a lot of battles with debt collectors but this is my first tussle on the defence. I was always the claimant before. I know I've got to acknowledge the claim and try to get the documents BC will be relying on. There is no argument my partner signed the agreement. The argument was over them throwing more and more charges, then I got ill and couldn't fight the good fight.

 

So do we defend the whole claim? Can we get it moved to the local court from Northampton? I'm trying to start reading up, but I remember BC being a pain for others before. I feel worried and rusty as hell. At least it's got me mad. I'm glad this didn't happen earlier when I couldn't fight back.:)


Nationwide-A&L-Halifax 1-Student Loans Company-NatWest-Virgin Media-Link-Capital One ALL WON!

Thames Credit -statute barred sent 13/11/08

BCW- prove debt letter- 14/08/08

Apex- CCA 14/08/08

Redcats UK- SAR 14/04/09

Call Serve- CCA 14/08/08

Littlewoods- no CCA letter 03/09/08- Lowells now

Wescot- CCA 19/9/08

Capital One/Debitas- now with Lowells

 

Any opinions are without prejudice & without liability. All information has been obtained from this site. If you are unsure, please seek professional advice. .

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Hi I am not up on the legal side the only thing I am sure of is when you go on-line and say you will defend the claim the claim will be automatically moved to your local court.

 

dpick


cannot find it A to Z

 

http://www.consumeractiongroup.co.uk/forum/consumer-forums-website-questions/53182-cant-find-what-youre.html

 

 

Halifax :D

Paid in full £2295

 

MBNA:mad: 20/03/2008 settled in full out of court

 

Capital One:D

07/07/2007 Capital one charges paid in full £1666

19/01/2008 recovered PPI £2216 + costs

 

Littlewoods :-D

12/08/2007 write off £1176.10 debt.

 

JD Williams charges refunded in full £640

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Well I've done the AoS on-line, so now I've just got to get some info.

 

The claimant is Cap1 with all paperwork to go to Bryan Carter, so I don't think there was any requirement for any notice of assignment? So I'll need to SAR Cap1 and do I need to CPR Bryan Carter?


Nationwide-A&L-Halifax 1-Student Loans Company-NatWest-Virgin Media-Link-Capital One ALL WON!

Thames Credit -statute barred sent 13/11/08

BCW- prove debt letter- 14/08/08

Apex- CCA 14/08/08

Redcats UK- SAR 14/04/09

Call Serve- CCA 14/08/08

Littlewoods- no CCA letter 03/09/08- Lowells now

Wescot- CCA 19/9/08

Capital One/Debitas- now with Lowells

 

Any opinions are without prejudice & without liability. All information has been obtained from this site. If you are unsure, please seek professional advice. .

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Hi

DON'T send a SAR. That will take too long.

 

Have a look at this thread. It expalains most of what you need to do:

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?241827-Legal-Action-how-to-start-off.-IMPORTANT-IF-YOURE-BEING-SUED


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Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

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I also believe that you send all paperwork to the court as mr pigging carter has a habit of not receiving paperwork and going for a default judgement.

 

dpick


cannot find it A to Z

 

http://www.consumeractiongroup.co.uk/forum/consumer-forums-website-questions/53182-cant-find-what-youre.html

 

 

Halifax :D

Paid in full £2295

 

MBNA:mad: 20/03/2008 settled in full out of court

 

Capital One:D

07/07/2007 Capital one charges paid in full £1666

19/01/2008 recovered PPI £2216 + costs

 

Littlewoods :-D

12/08/2007 write off £1176.10 debt.

 

JD Williams charges refunded in full £640

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I remember some of the behaviour of BC from older threads.

 

How do I dispute the charges? Do I send a letter saying the account is still in dispute over the charges to Cap1 and BC and the court? I think we are talking about a third to a half of the debt not counting BC's fees and court fees. The full amount is below £1000.

 

So if I go through the statements I can find to get the amount of charges, though I'm not sure about the interest on the charges. Do I then say the amount is in dispute? I'm getting a bit muddles.

 

I know on Monday I need to send of the CPR31.14 request to BC, special delivery.


Nationwide-A&L-Halifax 1-Student Loans Company-NatWest-Virgin Media-Link-Capital One ALL WON!

Thames Credit -statute barred sent 13/11/08

BCW- prove debt letter- 14/08/08

Apex- CCA 14/08/08

Redcats UK- SAR 14/04/09

Call Serve- CCA 14/08/08

Littlewoods- no CCA letter 03/09/08- Lowells now

Wescot- CCA 19/9/08

Capital One/Debitas- now with Lowells

 

Any opinions are without prejudice & without liability. All information has been obtained from this site. If you are unsure, please seek professional advice. .

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Hi Emma, good to see you again, I hope your health problems have been resolved and you are feeling much better.

 

Is BC claiming the full amount or just part of it - he has a habit of just claiming for his fees


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Hi emmaf01,

 

What was on the POC?

 

You're quite correct, 31.14 to BC = you can only ask for the docs referred to in the POC. Do they mention the DN, the agreement?

 

No panic yet as you have 33 days from the date on the POC to submit your defence if it gets that far.

 

First job is to make BC prove that you actually owe the money.

 

Can you post up the POC with your bits blanked out?

 

M


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ALL unsolicited PMs and E-mails should be posted up - Not all on CAG are who they appear to be

 

 

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He's claiming for the amount of the debt plus court fees, solicitors costs and one years interest.

 

Hi Ell-enn. I'm glad to say I'm a lot better now, though rattling a bit from all the pills I'm now on. I think the only way to deal with BC is medicated up to the eyeballs.:)

 

Funny though. I finally get good news from the docs yesterday morning and get home to find letter from BC, court documents and a letter from Provident taking over I debt I have no idea about. I think the universe was telling me it was time to get back to CAG. Though I'm so rusty after so long away I'm going to be reading for weeks to catch up.


Nationwide-A&L-Halifax 1-Student Loans Company-NatWest-Virgin Media-Link-Capital One ALL WON!

Thames Credit -statute barred sent 13/11/08

BCW- prove debt letter- 14/08/08

Apex- CCA 14/08/08

Redcats UK- SAR 14/04/09

Call Serve- CCA 14/08/08

Littlewoods- no CCA letter 03/09/08- Lowells now

Wescot- CCA 19/9/08

Capital One/Debitas- now with Lowells

 

Any opinions are without prejudice & without liability. All information has been obtained from this site. If you are unsure, please seek professional advice. .

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POC is tiny being a Northampton CC bulk centre jobby. I'll type-

 

The claimant's claim is for the balance due under an agreement which is now all due and payable.

The defendant agreed to pay monthly installments under account number ************** but has failed to do so.

And the claimant claims the sum of *****

The claimant also claims interest thereon pursuant to s69 county court act 1984 limited to one year to the date hereof a the rate of 8% per annum amounting to ****.

 

That's it.


Nationwide-A&L-Halifax 1-Student Loans Company-NatWest-Virgin Media-Link-Capital One ALL WON!

Thames Credit -statute barred sent 13/11/08

BCW- prove debt letter- 14/08/08

Apex- CCA 14/08/08

Redcats UK- SAR 14/04/09

Call Serve- CCA 14/08/08

Littlewoods- no CCA letter 03/09/08- Lowells now

Wescot- CCA 19/9/08

Capital One/Debitas- now with Lowells

 

Any opinions are without prejudice & without liability. All information has been obtained from this site. If you are unsure, please seek professional advice. .

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OK, so no mention of the DN. Has the original payment period expired (in other words, had the loan been paid would it have gone its natural course by now and been paid off)?

 

M


________________________________________________________________

ALL unsolicited PMs and E-mails should be posted up - Not all on CAG are who they appear to be

 

 

My views are my own. If in doubt, seek professional advice. If I can help though, I will. CAG helped me!!

 

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It was a credit card, so no repayment period that I know of. Default was sent a few months ago as far as I know- I'm still hunting out paperwork.


Nationwide-A&L-Halifax 1-Student Loans Company-NatWest-Virgin Media-Link-Capital One ALL WON!

Thames Credit -statute barred sent 13/11/08

BCW- prove debt letter- 14/08/08

Apex- CCA 14/08/08

Redcats UK- SAR 14/04/09

Call Serve- CCA 14/08/08

Littlewoods- no CCA letter 03/09/08- Lowells now

Wescot- CCA 19/9/08

Capital One/Debitas- now with Lowells

 

Any opinions are without prejudice & without liability. All information has been obtained from this site. If you are unsure, please seek professional advice. .

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It was a credit card, so no repayment period that I know of. Default was sent a few months ago as far as I know- I'm still hunting out paperwork.

 

OK. try your best to find it - it may help.

 

IMO I see no harm in sending the SAR also. It might throw something out further down the line and if you're going to argue this on charges etc you'll need all of the facts. You're still a long long way from court so it's worth the £10 punt in my opinion.

 

M


________________________________________________________________

ALL unsolicited PMs and E-mails should be posted up - Not all on CAG are who they appear to be

 

 

My views are my own. If in doubt, seek professional advice. If I can help though, I will. CAG helped me!!

 

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So if I send a CPR31.14 tomorrow to Bryan Carter, does this mean he only has to send me an agreement? As this is the only document referred to in the POC?

 

How do I point out we have been disputing the charges?

 

And do I send a letter stating the account is disputed due to the charges to Cap1 or Bryan Carter or both?

 

I am getting seriously befuddled. I'll be spending the night doing paperwork duty, with a file, hole punch and trying to add up the charges. Do I send a list of these to BC or Cap1. Do I have to raise a new dispute sent to Cap1 for the charges?


Nationwide-A&L-Halifax 1-Student Loans Company-NatWest-Virgin Media-Link-Capital One ALL WON!

Thames Credit -statute barred sent 13/11/08

BCW- prove debt letter- 14/08/08

Apex- CCA 14/08/08

Redcats UK- SAR 14/04/09

Call Serve- CCA 14/08/08

Littlewoods- no CCA letter 03/09/08- Lowells now

Wescot- CCA 19/9/08

Capital One/Debitas- now with Lowells

 

Any opinions are without prejudice & without liability. All information has been obtained from this site. If you are unsure, please seek professional advice. .

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The problem is that the agreement (which we have seen a copy of before) is alright as far as we know.

 

It is the charges that we are disputing- how much of a difference does this make? See POC which is copied above.


Nationwide-A&L-Halifax 1-Student Loans Company-NatWest-Virgin Media-Link-Capital One ALL WON!

Thames Credit -statute barred sent 13/11/08

BCW- prove debt letter- 14/08/08

Apex- CCA 14/08/08

Redcats UK- SAR 14/04/09

Call Serve- CCA 14/08/08

Littlewoods- no CCA letter 03/09/08- Lowells now

Wescot- CCA 19/9/08

Capital One/Debitas- now with Lowells

 

Any opinions are without prejudice & without liability. All information has been obtained from this site. If you are unsure, please seek professional advice. .

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Can anyone give me a clue about this, or any threads which might help? I'm panicking now.

 

Doesn't help that I'm having to set up a new printer because my old one has died. Modern technology can be even more panic inducing for me.


Nationwide-A&L-Halifax 1-Student Loans Company-NatWest-Virgin Media-Link-Capital One ALL WON!

Thames Credit -statute barred sent 13/11/08

BCW- prove debt letter- 14/08/08

Apex- CCA 14/08/08

Redcats UK- SAR 14/04/09

Call Serve- CCA 14/08/08

Littlewoods- no CCA letter 03/09/08- Lowells now

Wescot- CCA 19/9/08

Capital One/Debitas- now with Lowells

 

Any opinions are without prejudice & without liability. All information has been obtained from this site. If you are unsure, please seek professional advice. .

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Hi Emma assuming you accept the CCA is fine along with DN/assignment etc you need to tailor your defence on refuting the charges only not denying the debt.

Fist step is to clarify the quantity v the debt and the balance remaining.

You are defending the unfair charges only from that point on.

 

Regards

 

Andy


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Having gone through the paper work we have for this account I cannot find an agreement. Do I still send a CPR31.14 to BC?

 

Looking at the POC, the agreement is all that is mentioned. So I need to ask for the agreement in a CPR31.14- can I not ask for information on how the balance he is asking for has been reached- statements, information, notice of Assignment, etc? If I ask for all the information possible on a CPR31.14, do I look like I'm doing it wrong?

 

I have had no notice of Assignment, but as Cap1 are the claimant on the CC claim, with BC being the address to send documents and payments, I am not sure if this needs an assignment.

 

The account has been passed around to at least Fredricksons and then to BC before BC has made this CC claim- we have never received any Notice of Assignment from anyone.

Edited by emmaf01

Nationwide-A&L-Halifax 1-Student Loans Company-NatWest-Virgin Media-Link-Capital One ALL WON!

Thames Credit -statute barred sent 13/11/08

BCW- prove debt letter- 14/08/08

Apex- CCA 14/08/08

Redcats UK- SAR 14/04/09

Call Serve- CCA 14/08/08

Littlewoods- no CCA letter 03/09/08- Lowells now

Wescot- CCA 19/9/08

Capital One/Debitas- now with Lowells

 

Any opinions are without prejudice & without liability. All information has been obtained from this site. If you are unsure, please seek professional advice. .

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31.14 for anything referred to, CPR 18 should flush out the statements/DN/Assignment particularly if you highlight them within the request.Send 2 copies when dealing with this begger ie set to the claimant also.

No harm in sending both and the DSAR that MandM refers to, all bases covered.I would even advocate sending a Sec 78 separately also for the cost of a £1.

If this is SCT they try to wriggle out of their CPR responsibilities but with a Sec 78 they cant.


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In the PoC, he effectively HAS mentioned the DN - why, otherwise, could he state that the account is now all due and payable? That could only be the case after a DN was issued and not remedied. Go for the DN too!

 

Glad to see you fighting fit.


“The industry is rotten to the core, whether it is in-house recovery and collection, or where agents are used, or where the debt has been sold.” Andrew Mackinley MP, House of Commons, 22 April 2009

 

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I'm fighting but I don't know how fit I am, DonkeyB!:)

 

So I've done my sitting an sorting of the paperwork. Only one statement seems to be missing but with the ones I have the charges seem to account for about a third of the amount claimed.

 

We have been sent letters regarding this from three different DCA people- FTC, Fredricksons and BC. There are no Notice of Assignments from any of them.

 

We have the DN from Cap1 which gives 28 days, so that looks like it will stand up. No envelope saved but 28 days seems to cover that base anyway.

 

So today I have to do the CPR31.14 to BC, a CPR18 to BC and Cap1 and a sec78(is that a CCA request?) to Cap1 and BC? Is that right?


Nationwide-A&L-Halifax 1-Student Loans Company-NatWest-Virgin Media-Link-Capital One ALL WON!

Thames Credit -statute barred sent 13/11/08

BCW- prove debt letter- 14/08/08

Apex- CCA 14/08/08

Redcats UK- SAR 14/04/09

Call Serve- CCA 14/08/08

Littlewoods- no CCA letter 03/09/08- Lowells now

Wescot- CCA 19/9/08

Capital One/Debitas- now with Lowells

 

Any opinions are without prejudice & without liability. All information has been obtained from this site. If you are unsure, please seek professional advice. .

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YOU may have the DN, but will they...?

 

You might consider an SAR to Cap1, but that will take some time. The info, however, could be useful in determining charges more quickly, as Carter hardly ever seems to fulfil CPR requests.


“The industry is rotten to the core, whether it is in-house recovery and collection, or where agents are used, or where the debt has been sold.” Andrew Mackinley MP, House of Commons, 22 April 2009

 

If a Cagger helps you, click their star. Better still, make a donation however small, so that CAG can continue to help others.

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Is this okay for the CPR31.14 or do I need to amend further?

 

Dear Sir,

 

Re: Capital One v ************* Claim No: **********

 

 

CPR 31.14 Request

 

On *********** 2010 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 the documents mentioned in your Particulars of Claim:

 

(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.)

 

1. A photocopy of the signed, executed credit agreement and any terms and conditions that applied to the account at the time of default and at the time the account was opened.

The copy should be easily legible. If a copy of a microfiche document is supplied, please confirm whether the original document is still in existence. If it is, then a copy of the ORIGINAL will be required to be produced.

If a copy of the original document no longer exists, then you must state this.

 

 

2. A true copy of any Default Notice issued, with confirmation of method and proof of posting

 

3. A true copy of any Termination Notice issued by the claimant.

 

4. A full Breakdown of the amount claimed including any charges, late payment and over limit fees.

 

5. Any other documents that the Claimant seeks to rely on in court.

 

 

If a copy of the above documents is to be relied on in court rather than original, a copy of the Notice of Proposal to adduce hearsay evidence is required under s2(1) of the Civil Evidence Act 1995, together with proof of the authenticity of the documents as required under s8(1)(b) of the Act, including, but not limited to:

 

a) A copy of the procedure(s) used for copying, storing and retrieving documents

b) A copy of the relevant log entry showing the time and date of the scan or copy, the name of the member of staff making the copy, the method used for copying, storage and retrieval and time and date of destruction of the original documents

c) Copies of internal and external audit reports covering the entire period from the date of the copy to the present to demonstrate that the procedures have been complied with

d) Copies of Quality Assurance accreditation certificates covering the entire period from the date of the copy to the present to demonstrate that the procedures and audit processes comply with the appropriate quality standards

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 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 31.14 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


Nationwide-A&L-Halifax 1-Student Loans Company-NatWest-Virgin Media-Link-Capital One ALL WON!

Thames Credit -statute barred sent 13/11/08

BCW- prove debt letter- 14/08/08

Apex- CCA 14/08/08

Redcats UK- SAR 14/04/09

Call Serve- CCA 14/08/08

Littlewoods- no CCA letter 03/09/08- Lowells now

Wescot- CCA 19/9/08

Capital One/Debitas- now with Lowells

 

Any opinions are without prejudice & without liability. All information has been obtained from this site. If you are unsure, please seek professional advice. .

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Now a CPR 18- how do I use this?

 

 

 

 

 

IN THE XXXXXXXXX

county courtlink3.gif CLAIM NO:

 

 

BETWEEN:

 

XXXXXXXXXX

Claimant

 

 

and

 

 

XXXXXXXXXXX

 

Defendant

 

 

_________________________ _________________________ ___________________

part 18link3.gif REQUEST FOR FURTHER INFORMATION

_________________________ _________________________ ___________________

 

 

To: XXXXXXXXXX (claimant)

 

Please answer the following questions:

 

1. What date is shown as the date the Claimant/Defendants account was transferred from XXXXXX to the Claimant/Defendant on the Deed of assignment?

 

2. What is the XXXXXXX account number shown on the Deed as being the Claimants/Defendants account?

 

 

 

TAKE NOTICE THAT YOU ARE REQUIRED TO ANSWER THE ABOVE REQUEST WITHIN 14 DAYS OF SERVICE OF THE SAME UPON YOU

 

 

 

From what I've seen it says CPR18 is not for documents- so what will I be requesting for it?


Nationwide-A&L-Halifax 1-Student Loans Company-NatWest-Virgin Media-Link-Capital One ALL WON!

Thames Credit -statute barred sent 13/11/08

BCW- prove debt letter- 14/08/08

Apex- CCA 14/08/08

Redcats UK- SAR 14/04/09

Call Serve- CCA 14/08/08

Littlewoods- no CCA letter 03/09/08- Lowells now

Wescot- CCA 19/9/08

Capital One/Debitas- now with Lowells

 

Any opinions are without prejudice & without liability. All information has been obtained from this site. If you are unsure, please seek professional advice. .

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Obtaining further information

 

18.1

 

(1) The court may at any time order a party to –

(a) clarify any matter which is in dispute in the proceedings; or

 

(b) give additional information in relation to any such matter,

 

whether or not the matter is contained or referred to in a statement of case.

 

(2) Paragraph (1) is subject to any rule of law to the contrary.

 

(3) Where the court makes an order under paragraph (1), the party against whom it is made must –

(a) file his response; and

 

(b) serve it on the other parties,

 

within the time specified by the court.

 

 

You have ti the wrong way round Emma, docs not referred t0 = CPR 18.1


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