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N244 form, Court Order and CPR 31.14 Requests - question


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Hi All.

 

I am trying to learn about the legal process for litigation on consumer debt and I have some questions I hope you can help me with.

 

Lots of threads have people requesting paperwork from creditors using CPR 31.14 (agreements, default notices, notices of assignment etc).

 

Where a creditor fails to comply, some people are using form N244 to request that the court order the production of the documents.

 

I think I am I missing something...

 

1. Is it not better to defend on the lack of documents and allow the creditor to hang themselves at the hearing?

2. Does this risk an ambush on the day of the hearing where they turn up with the documents?

3. Can you change your defence if this happens when they have failed to comply with the original request?

4. Is there any other sanction for failing to comply with a 31.14 request?

 

It seems to me that using N244 is getting the court to do the creditors job for them.

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Sorry NottsDave - I am not being taken to court currently. I am pushing back against a DCA and I am researching the "worst case" - the possibility that they will take me to court (slim perhaps but not impossible) and I want to be prepared if they do. So my question was a theoretical one.

 

I have found a good thread for anyone else new to the county court procedure and wanting to know more, here:

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

 

Nice to see your result.

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