Thanks for the replies. I found an embarrassed defence and amended it slightly then entered it. Hopefully in time.

Hello again. I sent the CPR 31.15 letter as you suggested last Thursday and as of today it is now beyond the 7-day limit for their response and I've received nothing. Hopefully one of you nice people will look in and give me some advice on where to go from here. I think I'm also running out of time to file my defence ( if this is necessary) as the original claim form had an issue date of 23/01/2012. Thanks in advance.

Thanks for the reply PGH7447. As stated in a previous post they did include what they call a copy of the Notice of Assignment along with their refusal to allow me to see other docs. The Default Notice doesn't seem to be mentioned explicitly in the Claim Form; as such am I still allowed to ask to see this? I have noticed that what they refer to as the Notice of Assignment in the last letter to me is merely a "Last Letter before Legal Proceedings" dated 05/01/2012. Shouldn't this be a document from when the debt was originally bought by them?

Thanks for the link. I have had a read through that thread and the first post seems useful however without any idea of how to frame the CPR 31.15 request and the CPR 15.5 time extension it's a bit beyond me.

Is there a template letter for this CPR 31.15? Also what does the 31.15 do that the 31.14 would not? Thanks. cymruambyth: You say the CPR DID apply? Would that just be a mistake on their part to say it wouldn't or is this kind of thing standard behaviour?

Well, I finally got a reply from my CPR 31.14 request I sent 31/01/12. IND LTD. sent me in essence a delayed (dated 07/02/12 received 13/02/12) refusal. They state: The claim is likely to be allocated to the small claims track. As you are aware, CPR Part 31 does not apply to small claims. In our view it would be illogical and contrary to the overriding objective for CPR Part 31 to apply between issue and allocation to the small claims track. Notwithstanding the above, your right to documents under CPR 31.14 (had that been applicable in this case, which, as explained above is not applicable) arises as soon as a document is mentioned in either a Statement of Case, Witness Statement, Witness Summary or affidavit. The words "referred to" in the rule indicate that the right to inspect arises only once a specific reference to a document has been made. Where there is no more than an inference, as opposed to a specific reference to the existence of a document, we are not bound under CPR 31.14 to provide such document. Accordingly, we are not required to provide you with any of the documentation requested in your letter. However, please find enclosed a copy of the Notice of Assignment sent to you previously, which is referred to in the Statement of Case. The particulars set out in the claim form in this case provide you with sufficient information to respond to the claim. If you fail to do so within the time provided by the CPR, the claimant reserves the right to enter judgment in default without further notice. So any advice on how to proceed from here would be gratefully received. Thanks.

Hi, thanks very much for the reply. On whether to defend, I am unsure but it would seem to be in my best interest to check if their claim is legitimate. My partner on advice from the C.A.B. had made an arrangement with Capital one in 2005 for a small amount each month to be paid/interest calculated to be stopped and this was being paid until mid-2009. I haven't seen either the CCA or the NOA (which they claim to have given me) and only the NoA was referred to on the paperwork from the County Court. So, to have a copy of these documents I should send a letter similar to the one in the "Getting them to reveal their vitals" thread instead of sending a CCA request? Thanks again.

Hi all, I was hoping I could get some advice on a Claim Form I have just received from Northampton County Court Bulk Centre. This refers to a Capital One credit card. No idea about the County Court system so any advice on how to respond would be gratefully received. The Particulars of Claim state: The Claimant is the Assignee of a debt(s) from Capital One Bank Europe plc. Notice of Assignment was provided to the Defendant by the Claimant in writing Despite demand for payment the assigned debt(s) remains due. The Claimant complied with Section III and IV and Annex B of the PD Pre-Action Conduct. And the Claimant Claims: Credit Card Account number XXXX-XXXX-XXXX-XXXX balance of 3,587.86 as of 6/10/07. Interest under s69 of the County Court Act 1984 at the rate of 8% a year from 6/10/07 to 20/1/12 of 1,232.26 and also interest at the same rate up to the date of judgment or earlier payment at a daily rate of 0.79 AND costs. Thanks in advance.

Thanks again for the advice hallowitch, not posted here for a few days as have been trying to get through to our local Council offices. Where it seems noone likes to answer the telephone. Haven't had a further visit from the Bailiff's yet and only had contact with the Council once as of today, as mentioned below. We have now managed to contact the Council (an hour ago, taken all week) and they have said they cannot/will not take back the debt as it is over £1000 and that we should contact the Bailiffs and pay at £50 per month until the debt is covered. I've never heard of this £1000 ceiling before and was wondering if this Recovery Officer at the Council was just trying to fob us off. Would really prefer to pay straight to the Council as I don't really want anything more to do with Bailiff's and their ilk. Could someone let me know if this is a legal/factual statement please and any advice on what to do next would be appreciated. Thanks in advance.

There were two other things I needed advice please. We have 2 vehicles outside of an evening, the wife's car and my motorcycle (which is chained to a pillar at the front of the house) can either of these vehicles be taken even before the Bailiff has gained entry to the house? Also the question in my previous post - Should I get in touch with the Council asap and tell them I'm not going to deal with them through Bailiffs? Thanks in advance again.

Thanks Hallowitch, much appreciated. Wish I'd known of this forum much earlier, would have saved a lot of hassle. Oh, one further question if I may. Should I get in touch with the Council asap or should I wait until the Bailiff passes control back to them and they notify me? Which would be best?

Thanks very much for the response, cleared that up nicely. The charges were a £12 walking possession fee? a £24.50 section H something and a £24.50 1st visit fee even though it was their second visit. Not enough to worry about in the midst of the somewhat larger payments to the Local Councillors pension funds. So if I understand from reading other posts in the forum, if the Bailiff cannot gain entry (and they won't ever again ) then all they can do is pass my account back to the Council where hopefully we can settle upon an arangement this time?

Hi all, new to the forum but have a question that I hope someone could help me with. Pretty please. I failed to pay the Council Tax for 2008/09 on time and the matter was eventually given over to a Bailiff Company in Feb 09. Said Bailiff gained entry peacably (had never even heard of Bailiffs, more fool me) and after agreeing a Walking Possession agreement the total was to be paid off at £150 per month until cleared which would be Nov 09. Due to losing my job we couldnt afford to pay both the Bailiff and the new Council Tax bill for the year 09/10 and the C.A.B. advised us to put the Bailiff payments first or our belongings would be taken thus we let the payments to the Council for 09/10slip. Now the Council obviously initiated the exact same proceeding as before and the Bailiff has been back at the door with a "First Notice" of intent to levy distress. Even though the 08/09 year is almost paid and we have made some payments on the 09/10 bill. My main question after that rambling post was essentially: Can the Bailiff force entry to my premises to either tally up my goods again for the 09/10 bill or remove what he listed last time after having gained entry for the prior 08/09 bill? Thanks in advance for any help/insight as I've not been back in Britain for too long, don't know the ins and outs of this shady Bailiff stuff and can't seem to find this information anywhere.