Just noticed PT2537's new Sig. Can anyone else help, please?

Bump

I'm going to be away from home until Thursday evening and will only have access via a smartphone, so I won't be able to post much. Could pt or anyone please give me an idea of where I'm going wrong with the part 18 request? Am I asking for the wrong info? Is the request disproportionate? Is it the format/style of drfting? Or have I got something fundamentally wrong?

OK, any pointers?

Right then CAGers, how about this for a Part 18 request: ----------------- CPR Part 18 – REQUEST FOR FURTHER INFOMRATION 1. Please provide details of any regulated Consumer Credit Agreement that establishes the ‘Regulated Account’ referred to in your clients’ particulars of claim. At the very least please state the type of such an agreement (e.g. Credit Card, Loan etc), the parties to it and the date at which it was executed. Please also supply any reference number(s) by which the agreement can be identified. 2. Please be advised that your response will be classed as a statement of case, and as such you are obliged to attach a copy of any agreement. The exemption for Northampton CCBC/MoneyClaim Online issued claims will not apply to your response. 3. Please provide details of any default by the alleged debtor and the steps taken by the creditor to notify the alleged debtor of such. Please include details of any Default Notice issued, whom it was issued by, the date it was posted and the class of postage/method of service used. 4. Please be advised that your response will be classed as a statement of case, and as such you are obliged to attach a copy of any agreement. The exemption for CCBC issued claims will not apply to your response. 5. Please confirm the date at which any such credit agreement referred to in paragraph 1 was terminated. Please provide details of how the alleged debtor was notified of such a termination. 6. If the rights and/or responsibilities under any agreement referred to in paragraph 1 have been assigned between parties, please provide details of such assignments. Please include details of any Notice of Assignment issued, by whom it was issued, the date it was sent and the class of postage/method of service used. 7. Please explain how the amount claimed was arrived at including details of all transactions beginning with the signing of any agreement and ending with the issue of this claim. 8. You are reminded that your response to a Part 18 request constitutes a statement of case. CPR 31.14 allows for inspection of any document referred to in a statement of case. I respectfully request that you provide copies of any documents referred to in your response. In accordance with the provisions of CPR 31.15 I undertake to pay your reasonable copying costs. TAKE NOTICE THAT YOU ARE REQUIRED TO ANSWER THE ABOVE REQUEST WITHIN 14 DAYS OF SERVICE OF THE SAME Statement of Truth I believe that the facts stated in this request are true. I am the defendant ------------------------ I'll send this with a covering letter asking for 28 days extension under CPR 15.5. Not sure if I should pull paragraphs 2 and 8 out into the cover letter as well?

thanks pt, that sounds like a plan. Can I include a request for 28 days extension under CPR 15.5 in the same letter as the Part 18 request or is it best to keep them separate?

31.14 allows forinspection of docs disclosed by virtue of their mention within a statement of case etc. However, aplins POC doesn't mention any documents. In fact, there are no 'particulars' at all - just a generic statement: "The Claimants's [sic] claim against the defendant is for the amount due and unpaid at todays date under a regulated running monthly credit account."

Thanks bb. I can only conclude that the chicken biz is quiet at the moment.

Sorry to bump again, but I hoping somebody can suggest a course of action e.g. part 18 or 31.4. Either way, I need to respond promptly.

Subbing with great interest. I'm in a similar situation to you regarding vague POC from aplins - h http://www.consumeractiongroup.co.uk/forum/legal-issues/266553-bos-mbna-hilisden-dlc.html

Bump Any suggestions?

already reading that one. Still not sure how to proceed though. Perhaps the process should be: 1. CPR 18 request for further information as there are no 'particulars' in the POC 2. CPR 31.4 to obtain copies of the documents they subsequently mention. There has to be a strategy for dealing with these vague claims. The POC they have used just a piece of standard text - that cant be a legitimate way of making a claim. They really shouldn't be allowed to get away with this.

thanks unclebulgaria, but I think the request needs to be made under CPR part 18 as the POC doesn't mention any documents. In fact, its a real dogs dinner and I think it could be argued that its an abuse of process to issue such a vague POC.

AOS issued via MCOL. Defence required by 18 August.

+++++ Mods - please move to 'Legal Issues' - claim received ++++++++ N1 arrived today, POC as follows: "The Claimants's [sic] claim against the defendant is for the amount due and unpaid at todays date under a regulated running monthly credit account." The amount claimed is over £5K. The POC is a joke - couldn't be vaguer if they tried. I'm wondering how to defend as I think to plead 'embarrassed' would actually give them too much credit. It really is taking the **** - it shows no cause of action whatsoever. I'm thinking of asking for strike out or order to re-plead a fully particularised claim.

Aplins received my letter on Tuesday (20/7) , but have yet to respond. However, I have today received a 'Notice of Default Sums' from DLC showing the following transaction: 21/07/2010 - Litigation Cost (debtor) - £100 I'm not sure why they have sent this. Perhaps they are obliged to do this whenever they add fees/charges to an account. Guess I can expect that N1 soon.

Hope you're right, but I've just had the same letters that thus guy had before a claim landed on his doormat. http://www.consumeractiongroup.co.uk/forum/legal-issues/263672-hillesden-securities-aplins-ccj.html

Right, 'shot across the bow' has been fired. Hopefully they won't issue a claim before receiving it.

Thanks unclebulgaria, that seems pretty much spot on.

This is the text of my last letter to A E Locke last summer:-

I've had another letter from Aplins today. This one says that they are going to issue a claim with the intention of asking forthwith judgement. It goes on to state that they don't expect payment in full, but that they want to obtain a charge on my property. Its the standard guff that Ive seen here on the forum, but it does seem to be followed by a claim, so I think a 'shot across the bow' might be in order. Does anybody have letter that I could use or adapt? Otherwise I'll draft something myself and post up over the weekend

Just noticed you only have til 4 pm tomorrow. You will need to send your N265 by special delivery this afternoon!

The judge has ordered that you and the claimant exchange copies of the documents that are relevant to the case. The N265 is a standard form that you need to complete. Google it and you will find guidance and a PDF form that you can fill in and print off. You need to send this to the claimant by the date specified in the order. The claimant should send you their form - you can then request copies of anything on their list. If you think they have a doc that isn't listed you should ask them for this - if they ignore or refuse you can apply to the court for an order of specific disclosure. It might be a good idea to get this moved to the legal issues board

Google N265. Sorry for brevity - on mobile.

I've already written to them explaining that its unenforceable. I can't find a soft-copy of that letter, but it contained all the usuall points. I will post a scan up later. Im confident that I can defend any claim, but I just don't want the hassle. I'm quite sure that any decent lawyer would advise hillisdens not to sue, but we all know that the decision isn't taken by a competent lawyer - its far too easy for this account to find its way into a batch sent to northampton. Incidentaly, I work in IT for a high street bank and I've seen some of the collection strategies - they don't even pull the original paperwork unless the claim is defended! Once its in the system, they may not give up easily. This is over 5k so I would expect to be able to claim costs if it goes past AQ, but I still don't want to go there if avoidable.