oh they are claiming more than £5,000 do i delete the paragraph under the word "termination" ?

is this ok please, Dear Sir, Re: (Claimant's name) v (my name) Case No: CPR 31.14 Request On 27 november 2009 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 [each of the following / the] document(s) mentioned in your Particulars of Claim: 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 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. 2 the default notice 3 the termination notice 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 document(s) 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

i think i may need help with the cpr 31.14, and what is a holding defence?

its an mbna credit card, i dont have any paperwork, so do i need to request these documents using cpr 31.14 ?

hi supasnooper,there are no documents refered to in the poc, particulars of claim is as follows, the claiment claims payment of the overdue balance due from the defendant under a contract dated on or about xx/xx/1999 in the sum of xxxxx.xx inclusive of interest to the date of this summons at 8% from xx/xx/09 to xx/xx/09 PARTICULARS a/no;-xxxxxxxxxxxx DATE ITEM VALUE XX/XX/09 default balance xxxxx.xx post refrl cr NIL XX/XX/09 interest xx.xx TOTAL XXXXX.XX together with;- interest pursuant to s69 county courts act 19 at the rate of xxx.xx pence per day to the date of judgment or sooner payment. thats what the poc says, a while ago i sent for a cca and all i received back was an application form, hope this helps,

thx M, very much appreciated.

right, did not tick the contest juresdiction box, acknowledgement of service has been sent,

the issue date on the court papers is 27 nov, just filling it in now, do i tick the box where it says "contest juresdiction ?

i recently received court papers from mbna the papers came from the northampton bulk center, i am dening the whole claim and i am doing this online, do i need to enter my defence in the box (defence) or can i leave it blank?, thanks

thanks for that alanalana,

hi alanalana, yes i am in arrears due to redundancy, but i dont think sending the sar request has helped, the credit card is 20 yrs old so i'll have to see if they have a proper cca when i finally get a response.

update,,,well i sent the form off for the sar on the 15th may and have received nothing back, got a default letter off them this morning,,can they default me while i'm waiting for the sar?

hi citizenB, i have recently had three letters from the collections dept, the most recent (overdraft) had the COLL on the reverse and was 1st class,the two previous to this were an overdraft letter and a default letter, one of the envelopes is 1st class with the code, the other is 2nd class with no code at all. its beginning to look like the DEFAULT NOTICE was sent 2nd class or am i just hoping.

hi supasnooper, thats very interesting, increases the chances that my default was posted 2nd class.

prying eyes,, how sad

did mad murdoch ever start his own thread? couldnt find it if he did.

thx for your great help.

thx BRW, that is a great help, just checked the code where the postage stamp is and the codes are the same on both 1st and 2nd class.

will do, i guess i'll just have to wait for the court papers arrive, once again thanks for your help.

ive already tried to look for clues cant find anything that matches it to either if it went to court would it be silly of me to go with a defence claiming that it came in the 2nd class envelope? thx for all your help it is very much appreciated.

thx for that, i think i need to try to find out off the post office when this notice was actually posted.

also supasnooper, how does it become invalid if it was posted 2nd class? is it something to do with june 1st being a bank holiday?

i'm being thick here i know, but why keep the 1st class one?

can they prove if it was 1st or 2nd class?

12th of may on overdraft letter.