Brian Carter Warrent of Execution Letter

[Daisy-D]

Thanks again - I've reworked the CPR31.14 letter from here - removing bits that referred to submitting my defence - and adding the bold text instead in places. Please feel free to tell me what isn't correct to write.

 

My address

 

Their address

 

Date

 

Dear Sir,

 

Re: Arrow Global Guernsey Limited Your Reference: (number)

Account number: (number) Claim No: (number)

Judgement Balance Outstanding: (number)

 

CPR 31.14 Request

 

On 24th September I received a Warrant of Execution letter from you, (number). I will be requesting a suspension of the warrant as I have no idea what the claim is for.

 

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 documents.

 

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 have been attached to or served with the particulars of claim and the original(s) should have been available at the hearing. Further, that any general conditions incorporated in the contract should also be attached.

 

2 the deed of assignment to Arrow Global Guernsey Limited

 

3 the debts original source company

 

4 the breakdown of the claimed balance showing the date of last payment to the account

 

5 the default notice

 

6 the warrant of execution

 

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 request and any future 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 before you enforce any action. 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 commencing any action.

 

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 before you enforce any action, I will make an application to the court for an order that the judgement be set aside and a summary costs order.

 

yours faithfully

 

My printed name

Edited September 26, 2011 by Daisy-D
added link

[Daisy-D]

Palomino, as you say in your question, the right to demand production of the document under CPR 31.14 is limited to a right where the docment is mentioned in a statement of case, like the Particulars of Claim. Hence there would be no right to see document types 2-5 under CPR 31.14 if they were not mentioned and it would therefore be right to exclude their reference from the CPR 31.14 letter.

 

In a properly pleaded case where the Claimant brings the claim as assignee, the PoC will necessarily involve mentioning an assignment. If it does not mention an assignment, submit the CPR 31.14 letter and when a copy of the agreement comes back, plead the agreement by way of Defence and deny the claim on the basis the Claimant was not a party to the agreement and thus has no right to sue on it.

 

x20

 

Just read this further down in the other thread - I'm asking for documents to be given when I don't know what was mentioned on the Claim form. Need I then ask for specific documents, just forward me the ones they used to file their claim ?

[Daisy-D]

Have done my letter - will be sending in the morning.

 

Decided to ask for the particulars of claim form and copies of documents mentioned in it, and a copy of the warrant or execution, not mentioning till the end whether they have it yet or not.

 

Added in my last paragraph..

 

Please note that if you should fail to comply with this request, fail to request more time or fail to respond, I will make an application to the court for an order that the judgement be set aside and a summary costs order. If the warrant of execution has already been issued, I will be requesting a suspension of this warrant as I have no idea what your claim is for.

Any amendments before the morning I'd be grateful for if they're needed.

[BRIGADIER2JCS]

Hi CB, Iv'e done a number of

CCA requests after judgement,

it's still a lawful request for information

and may be required if an appeal is

on the cards, IMHO.

Brig.

[Daisy-D]

An update....

 

Today letter received from Bryan Carter

 

"Thank you for your recent letter the contents has been noted

 

We confirm we have requested the necessary documentation from our Client and hope to revert to you shortly.

 

We do require a further 28 days extension in order to obtain and file these documents.

 

We look forward to hearing from you in due course."

My questions are - no mention of the warrant, no court warrant letter yet received, will check again with the courts on Monday. Obviously they 'hope' to revert to me shortly, but they 'look forward to hearing from me in due course' ? Would this be after they have sent the documents to me within this 28 days ? Or where else would they file them ?

 

What I'm trying to ask really is, what do I do next ?

 

I did change my letter to them from what I originally posted, here's a copy of it.....

 

On 24th September I received a Warrant of Execution letter from you, number xxxxxxx. Please treat this letter as my request made under CPR 31.14 for the disclosure and the production of verified and legible copies of:

1) the particulars of claim form with copies of all the documents mentioned on it, including but not limited to:

1.1) the agreement

1.2) the deed of assignment

1.3) the breakdown of the claimed balance showing date of last payment to the account

1.4) the default notice

2) the warrant of execution

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 request and any future claim.

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 before you issue a warrant of execution. 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 date for issuing the warrant of execution.

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 respond, I will make an application to the court for an order that the judgement be set aside and a summary costs order. If the warrant of execution has already been issued, I will be requesting a suspension of this warrant as I have no idea what your claim is for.

I changed the documents I was asking for and the way I asked, the last paragraph as this is a CPR request after CCJ, and I also asked them to state the date for issuing the warrant.

 

Thanks for advice

[citizenB]

Surely he needed to be in possession of the information in order to apply for the Warrant ??

[Daisy-D]

Doesn't sound like he has the warrant yet, and if I didn't contest the court case before it went to CCJ, what would he have needed to show at court ? Anything ?? I don't know what they have to show to get an uncontested CCJ.

[Ell-enn]

They don't have to show anything to the court if the CCJ is not defended. They just apply for judgement by default and Northampton CC rubber stamp it!

 

Did Carter quote a warrant of execution number on his letter (just answer yes or no, don't put the number on here).

[Daisy-D]

Yes he did quote a number. Court when I rang two weeks ago didn't have anything, will call court again Monday and update here. Thanks for saying, had the idea they didn't need to show anything, for the CCJ I mean, don't know with the warrant ?

Edited October 8, 2011 by Daisy-D

[Ell-enn]

They won't have to show anything to get a warrant, they apply for it online following the judgement by default.

[Daisy-D]

According to Northampton court they haven't applied for the warrant yet, and I was told that if they do a court bailiff letter will come from my local court.

 

Do I just wait the 28 days now to see what Bryan Carter comes up with ?

[Ell-enn]

So they haven't applied for a warrant yet, but they quoted you a warrant number on their letter ???? that's very naughty !

 

Was there both a case number and a warrant of execution number on the letter ?

[BRIGADIER2JCS]

I think there was a comment

some time earlier about having

numbers ''on file''.

SEE POST 23 odd I think???

[Daisy-D]

Hi Ell-enn yes there is a claim number and blazed across the top of the letter and quoted again in the letter the warrant number. On their second letter they again mention the claim number, but not anything about a warrant.

 

Perhaps if I'd ignored the first letter they would have paid for and issued the warrant ? The court lady I spoke to yesterday didn't know why they'd have numbers, although the court lady in my first conversation said they could. Adds to the scare tactics me thinx.

[BRIGADIER2JCS]

I have been in court this

morning and had a chat

with a court manager and

it was stated that warrant

numbers would not,should

not be issued until issued

by a judge.??

[dx100uk]

BC up to their usual tricks i see

 

trying to frighten people by producing false court material?

 

time for a serious complaint here me thinks

 

dx

[Daisy-D]

Sounds like need to wait these 28 days to see if Bryan Carters come up with anything ? I can't put an N244 thru yet without knowing anything by the sounds of it, and until the 28 days is up. If nothing more comes thru from BC is there a failed CPR letter to send to the courts to request any documents ? I don't think I need to contact BC's by letter again whether they send stuff or not. While we're at the stage where they can still get a warrant, I don't think it's wise of me to start anything complaint wise against them, unless that would have a positive outcome for me ?

[BRIGADIER2JCS]

IMO wait and see if there are any

more fishy moves made.

[Daisy-D]

Friday 4th November BC's requested 28 days was up - had heard nothing. Been away for a few days, got back to this letter dated 11th November...

 

"We refer to recent communication,

 

Please note that we are no longer instructed in connection with this matter and have returned the account to our client.

 

Yours sincerely"

 

What do you make of that ?!

Edited November 16, 2011 by Daisy-D

[BRIGADIER2JCS]

CARTER ADMITS ONCE AGAIN HE MISUSES

THE COURT SYSTEM AND HE I ALL WIND AND

PIxS

[dx100uk]

time for compensation or costs me thinks!

 

dx

[BRIGADIER2JCS]

Indeed so!!!!

[citizenB]

Friday 4th November BC's requested 28 days was up - had heard nothing. Been away for a few days, got back to this letter dated 11th November...

 

"We refer to recent communication,

 

Please note that we are no longer instructed in connection with this matter and have returned the account to our client.

 

Yours sincerely"

 

What do you make of that ?!

 

DaisyD, please do check with court first thing tomorrow to ensure this action has been discontinued.

 

Then put in a claim for costs

[Daisy-D]

I rang the court on Monday 14th and still he'd not got any warrant.

 

There is tho the CCJ which I don't know who it was originally owed to. The courts emailed and told me it was to Phoenix Recoveries, but that sounds like a debt collection agency, and it was Arrow Global who took the case to court.

 

I don't know how strong a case I have to get the CCJ set aside, and as there was no warrant I've had no costs cept 1 recorded delivery postage, do I wait to see what happens next, or make a case to set aside due to no proof of debt ?

[Bazooka Boo]

Your time in dealing with BC is what costs, complain to the SRA as well, actually it is the legal ombudsman now.

http://www.legalombudsman.org.uk/consumer/index.html