Now I now CPR 18 & 31 (and plenty of others) are specifically excuded from small claims, but can they realistically be used in the pre-allocation stage or could the other side just reply that the case is almost certainly going to be allocated to small track and ignore the request ? Also if a claim is stayed does this mean that things like CPR requests (and making changes to the claim) are stopped during the stay period ? Andy

Hi, Are scottish CPR rules the same as English ones? I have a repossession hearing coming up and would like to know how to get the case dismissed/struck out. Thanks in advance for your help

I will describe the situation with hypothetical names: I am a defendant in High Court Proceedings being brought by ABC Ltd The true cause of the loss suffered by ABC Ltd is a third Party XYZ Ltd and there is evidence to support this I was indirectly involved in the matter as an employee of ABC Ltd at the relevant time but I am no longer in its employ XYZ Ltd is a sister company of ABC Ltd, both of whom operate under common ownership. Consequently, ABC Ltd has no interest in suing XYZ Ltd Instead, ABC Ltd is attempting to reclaim its losses from me I am now faced with several options: I defend myself and as part of my defence I assert that the true claim of the loss was XYZ Ltd; I present the evidence of the culpability of XYZ Ltd to the Court, assert that there is no case for me answer and ask for the case against me to be dismissed; I attempt to have XYZ Ltd added as a party to the proceedings. My questions to the Consumer Action Group forum are as follows: Strategically, which course of action would be the best to pursue? If I wish to have XYZ Ltd added as a party to proceedings under CPR 19 then what claim will it have to answer? ABC Ltd is the claimant and will not make allegations against its sister company. Am I, in my capacity as Defendant, expected to issue a counter claim against XYZ Ltd for having created a liability for which I am being held to account? If this latter course of action is correct, would I need to amend my Defence (already submitted to the Court) in order to create a "Defence and Counterclaim" against XYZ Ltd? I am grateful for your advice. Sincerely Monica

As one of many caught up in sigma's latest antics with a part claim I'm about to submit a CPR Request to them. What's a reasonable time to allow for a response guys? Seven days like a CPR31.14 [my preference- I mean they should have all this info at their fingertips] or fourteen, as I've seen mentioned in a couple of places?

I have been issued with a LBA (Letter Before Action) over a part of my tuition fees which I have always disputed. I would like to make a CPR Part 31.16 (Disclosure before Proceedings Starts) application to find out if I'm truly liable for this part of the tuition fees. The School passed my details to a debt recovery solicitor. Please I would like help in making this application. Help in the form of the template to use e.t.c. I noticed that in a previous post, andyorch said that CPR Part 31 request are free. Please can anyone confirm. Also do I make the request through the court or directly to the school/solicitors? Please confirm anyone. Thank you all

Joining a party as Defendant to an action I am a litigant in person with very limited resource and not enough disposable income to pay for legal counsel. I am being sued in the High Court by an unscrupulous multi-national for whom I used to work and I find myself at a disadvantage due to my lack of knowledge pertaining to proper High Court procedures. The claim relates to a loss ocassioned by one part of the multi-national group (A) ocassioned by a breach of contractual undertaking to a client by another part of the multi-national group (B). (A) is now suing me for acts that occured long after the breach by (B). In an attempt to recover its losses from an external source, rather than from its sister company (B), the claim disingenuously alleges that my subsequent acts caused the loss. Moreover, (A) has dishonestly attempted to conceal the contractual undertaking of (B) and has not referred to it in its Statement of Claim against me. I have subsequently discovered the existence of the undertaking, the breach of which was the true cause of the loss sustained by (A). I would now like to apply to the Court for an order under CPR 19.4 to have (B) added as a Defendant to the proceedings on the basis that clear evidence exists that (B) was the true cause of the loss for which I am now being sued. In the alternative, I would like to apply to the Court for the case to be struck out on the basis that it is an abuse of the Court's process. However, I have no idea how to make a proper application to the High Court for such an Order and I am afraid that, notwithstanding the merits of the application, that it may fail for improper adherence to the proper process. Any advice would be gratefully received.

My bank is taking me to court unsecured loan. i am preparing my defence however under CPR31.14 the bank is claiming that they dont have a copy of the default notice.it is submitted that under CCA 1974 does not require the claimant to keep a copy.Postage alone constitutes service, by reason of section 7 of the interpretation act 1978.There is no record of the Default Notice being returned. Any help or suggestion will be appreciated.

Hi, hope you can help. DCA (Sigma) has issued a summons against me, the debt from an HSBC Overdraft Account having been sold to them: Fist port of call was forum/showthread.php?241827-Legal-Action-how-to-start-off.-IMPORTANT-IF-YOURE-BEING-SUED P.o.C (Particulars of Claim) NOTE: Cant post links yet but this provides additional info forum/showthread.php?349072-HSBC-DCA-has-issued-summons-for-interest-on-default-notice&p=3829736&viewfull=1#post3829736 forum/showthread.php?139265-Bryan-Carter-And-solicitors-how-to-defend-ccj-claim**WON**&p=1481366&viewfull=1#post1481366 The PoC does not include any section like: forum/showthread.php?139265-Bryan-Carter-And-solicitors-how-to-defend-ccj-claim**WON**&p=1481443&viewfull=1#post1481443 Step 1 is to look at the response pack ...normally these things go through Northampton which is an online system.. make sure to acknowledge the claim in the time frame ... this is the acknowledgement of service (I said I will defend claim in full and ask for 28 days) Step 2 write to the claimaint (note this is likely the address for sending documents and payents and will be different) I used the following thread and advice: So I have requested CPR and will also request a CCA CCA - Section 5 | Sample Letters - nationaldebtline.co.uk/england_wales/debt_advice.php#6 CPR - forum/showthread.php?159445-Getting-Them-To-Reveal-Their-Vitals.-Using-CPR-31.14-to-Your-Advantage CPR - forum/showthread.php?139265-Bryan-Carter-And-solicitors-how-to-defend-ccj-claim**WON**&p=1493642&viewfull=1#post1493642 Can I get clarification wether my PoC would be seen as a Split Claim? I feel it is but... I will update this thread as this progesses for the benefit of others

Hi Mr Carter has got Judgment by Default in 2010 (see attachment). The Judgment relates to a Littlewoods Catologue back in 2005. I want to try and get this Judgment Set-Aside. My argument/defence/grounds to set-aside Judgment is quite simple: 1: I did not receive the Claim form, unable to defend. 2: I do not acknowledge the debt. And given the fact the Claimant's address is in Luxembourg ?! What do you suggest? Leave it go or is there a good chance of a set-aside? How likely is Bryan to defend the set-aside? Thanks bryan.pdf

Hello, I have send Lloyds TSB a letter requesting a true copy of the original credit agreement under Consumer Credit Act, they responded with a reconstructed agreement. I then went on to make a further request under CPR 31.16 to obtain a true copy of the signed agreement. TSB responded saying: "At present, we are unable to locate your original signed agreement and cannot, therefore, provide you with a copy of the signed agreement at the moment" "Please treat this letter as our final response" To date they have failed to meet my request under the Pre-Action Protocols. Where do I stand now and what should I do next. If they are unable to supply the signed agreement what can the courts do about it? Thanks, Kaarejen

Following on from discussions in the Legal Action -How to Start Off thread, I am compiling a collection of all the most informative and helpful posts on dealing with litigation. There are numerous excellent postings throughout various threads on CAG, but due to the passage of time and queries/posts in between, the valuable core information tends to get lost. My intention is to group the vital information together in logical sequence to form a step by step guide, all in one place. It will also be a good opportunity for original authors to amend or eloborate on their original (now uneditable) posts if they wish...just let me know. I take no credit for the intended content, all original authors and anyone who helps with the compilation will be credited. I would therefore be most grateful for any suggestions for inclusion, with direct links to the relevant posts (as opposed to an entire thread). The obvious place to start is with the Legal Action thread, so I'll get stuck into that. All other suggestions welcome! Many thanks, Elsa x