Court claim from Link Financial. Please help.

[pt2537]

application forms when accepted can be a regulated agreement for the purposes of the CCA 1974. So, try not to get hung on that point

 

Were the documents presented to you easily legible?

 

if there were words that simply could not be read, then please let us know

[pt2537]

Sorry Nicklea but im not sure i follow

 

Are you saying put a defence in without disclosure?

 

That is contrary to CPR 16.5

 

(2) Where the defendant denies an allegation –

(a) he must state his reasons for doing so; and

 

(b) if he intends to put forward a different version of events from that given by the claimant, he must state his own version.

 

 

you cannot make a bare denial, the rules require a denial to be backed by a positive averment as to the facts relied upon

 

 

My point being that if you file a defence that fails to deal with the matters in hand then you will face costs of the amendments later, the general rule is that the amending party pays the other parties costs. I have to say i have the costs orders to prove this point on my desk.

 

 

Ignorance is no defence, the rules give you the requirements and the route if the party fails to disclose is an application for an order compelling disclosure. you will also get an award of costs due to the claimants breach of the rules CPR 31.15 is explicit on the time scales

 

 

CPR 15.5 also allows for an agreed extension of time for the Defence, if the Claimant dont play the rules then again you apply for a court order and get the court to tell the Claimant what he must do.

[pt2537]

ah yes, quite

 

This is the problem where people should not sit on their hands

 

7 days for CPR 31.14, if non compliance then i want answers why, if the answers arent satisfactory then its an app to the court, when i say satisfactory i mean a valid reason, if they dont have the agreement then they need to get it, but they shouldnt be allowed to take forever more, they issued, then they should have the docs.

 

You can agree up to 56 days with the opponents, that is more than enough time to get the docs, so id say if 28 days passes, and no docs arrive, id want a dam goood reason or id be off to the court with my N244

[pt2537]

an application would be for an order compelling disclosure.

 

The party mentioning a document in its statement of case ought to allow inspection of that document, given that they have signed a statement of truth too

 

So, if they cannot provide the documents they have pleaded in their statement of case, then you will need to see this document before you can formulate a defence as it seems the agreement is central to this matter

[pt2537]

It depends on the contents of the order, but, if you refuse and the consent order is what your application seeks then your refusal could go against you, could be seen as unreasonable and therefore costs ordered against you.

 

Just cos you tick no hearing, doesnt mean that it wont get ordered to be heard, and infact the oppo would appeal if this was not dealt with by way of hearing

[pt2537]

seems a standard consent order

 

would be useful to see it to be sure its ok, but it seems to me that you are getting what you want,