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flying-spanner

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  1. Thank you citizenb and donkeyb for your help This might sound silly but what does "episode basis" mean?
  2. Hi all My cpr request was delivered today but i need to wait three days to get a copy of the signature. I am hoping that they will allow a 14 day extension in order for me to fill my defence but just incase they don't i need to start pulling my defence together just in case. Could nay one point me in the right direction so i can start doing some research. Many thanks for your help in advance
  3. Thank you citizenB again for your help and andyorch for valuble input Cpr posted today via reordered + signed delivery,
  4. [quote name= if you want, you could consider also doing a request under cpr 31.14? (see stickies) but, is it likely to be small claims ie below 5k? any missold ppi? .[/quote] As of april 2013 the limit for small claims has increased to £10,000
  5. Hi All I've finally managed to amalgamate both cpr request's and i plan to send it reordered and signed for on saturday. I would be grateful if you all could read over it and give me some feedback. I'll thank you in advance for all your kind help. On 11/03/2013 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. Prior to the issue of proceedings I had delivered a request for the production of the agreement mentioned in the Claim Form and on which you rely. On the 21/01/2013 I received a letter from eversheds that stated: " we have requested a copy of the loan account, however, our client has undertaken a search for the same without success resulting in the delayed response to you" 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 agreement/ Overdraft Facility confirmation and Terms and Conditions from that date. 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. 4) The Demand/Termination Notice (Notice served under Sections 76(1) and 98(1) of the CCA1974 5) Notices of Sums in Arrears under running account credit CCA2006 sec 86C 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 Although your claim is for a sum, which is not more than £10,000 and will in all likelihood be allocated to the small claims track for determination upon my delivering a defense, at this moment in time I have not delivered my defense 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 defense. 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 defense. 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 defense, 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
  6. Hi all just need a little more advice before posting my cpr request If my case will be going to court sometime in april does that mean that the new limit apply's ie 10k instead of 5k for small claims track?
  7. thank you thank you thank you I'll get to work on amalgamating the to cpr's in the first eversheds letter they state " we have requested a copy of the loan account, however, our client has undertaken a search for the same without success resulting in the delayed responce to you" ( 9 months) "however our client may be able to obtain a recreated copy of the loan agreement and this can be requested if you require this information"
  8. Thank you so much citizen b i'm so grateful of the help as i feel out of my depth and sinking
  9. i was thinking about trying to modify this one Collections and Recoveries Their Address Dear Madam, Re: Bank -v- ME Case No. blah blah blah CPR 31.14 Request On xx April 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 document 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 para7.3, 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 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 its 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, they will have a right to possession of that document if it has been mentioned 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
  10. Hi Citizen B Thank you for your response and help I have acknowledged receipt of the claim and have e-mail confirmation that they have received it from ccmcce. There was no ppi with the loan or overdraft. In short i dont know how much of the overdraft is made up of penalty charges but i would estimate approx 1.5k over 2 accounts. I can't remember receiving a default notice from nat west, i have nor my wife has signed for anything in the post. The loan was taken out may 2008 I have not cp 31.14 because every template differs from my own case. I've looked at some on cag but none that deal with facility letters and a cca Basically i would need to ask to see a copy of the signed cca (which i know they dont have) I need to ask what the balances is made up of on the current accounts copy of facility letters for the overdrafts Could you point me in the right direction of a template please? I'm grateful for the help and direction, i know it must be like pulling teeth trying to help me lol
  11. i'm so sorry just really stressed at the moment , thank you for pointing out which details where the letters
  12. Hi All I have just returned home as i was away when the original ccj was issued to find that my wife only e-mailed the first page of the summons to me and that the "moneys owed under the credit agreement" was not the poc. My father offered to loan me 4k to see if eversheds would accept this as full and final payment but when contacting them they said they would only offer full and final settelment if i could get 7k which i can't. I also explained to them that they have no signed cca, that i have recieved no default notice and no facilities letters. i was just told to seek independent legal advice and that they do not need a signed cca and not to worry that they would be going for a charging order against the house??? I have filed to say i will defend this case but i will need help from yourselves. i have 14 days from the 25th to file a defence i have have posted up letters from eversheds and the cc summons any help would be greatly appreciated on where to go from here.
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