MKDP/? claimform - Ex Barclaycard debt - CPR 31.14 letter

[essexmum]

Hi and good afternoon.

 

I am wanting the send off a CPR31.14 letter to a DCA. Can you please confirm if I have to enclose any payment with this.

 

Many thanks

[steampowered]

No payment for CPR 31.14. However you should undertake to pay their reasonable copying costs on receipt of an itemised invoice.

 

I assume court proceedings have already started and you are just asking to see documents mentioned in their particulars of claim. If court proceedings have not begun then a CPR 31.14 request will not work.

[postggj]

If you have received an N1 county court claim then use the CPR 31.14 to request documents mentioned in the claimants particulars of claim

 

The CPR 31.14 REQUEST WILL NORMALLY GO TO THE CLAIMANTS SOLICITOR, NOT THE DCA

 

On the N1 claim form will be an address to send all correspondents to, not necessarily the DCA address

[essexmum]

Thank you for confirming this.

[essexmum]

Thank you for your reply. Yes we have received the N1 form. The CPR 31.14 was sent but as we had received no response wev were concerned that they had not actioned the request as no monies were sent. However, as all in order and they just haven't replied (not even an acknowledgement) I think we should send a reminder that the request was made. Do you agree that this is the best course of action and if so is there a standard reminder letter we should use?

Many thanks again for your advices.

[postggj]

So they have not responded to the cpr 31.14 request

 

When was it sent

 

When does the defence need to be in by

(What is the date of the claim form and is it out of Northampton)

 

Was the CPR 31.14 request sent by recorded delivery

[essexmum]

Hi Squaddie, thank you for the quick response.

Yes the N1 did come out of Northampton and the 31.14 was sent recorded delivery. I have printed off the proof of receipt.

The CPR31.14 was sent on 2 April and our defence needs to be entered by 4pm on Monday 29th April (the court confirmed the date for us).

 

Thought of sending chaser giving them another 7 days to respond (therefore still within time limit before defence deadline) which would, I hope, demonstrate that we are actively seeking information we need to make a defence. What do you think?

 

Kind regards

[postggj]

Important

 

what is the date on the claim form, when was it issued

[essexmum]

Hi Squaddie - sorry, I've not got document with me at the mo. Will get this to you as soon as I can so I can give you the correct info

Take care

[postggj]

Have you also acknowledged the claim also, can you give an idea as to the claim, history etc, it all helps

[essexmum]

Hi Squaddie

 

the issue date on the claim form is 25th march 2013

 

Have acknowkedged the claim on the 2 April (online)

 

Barclaycard issued by MKDP approx 6k - they say they took on debt Aug 2012 - have sent CPR 31.14 requesting docs mentioned in POC

 

Its been over seven days since I sent request for docs to them and had nothing back

 

Court date for defence is 29/4

 

want to send chaser to MKDP re CPR 31.14

 

Any idea on wording and the time scale I should give them for responding etc

 

Thank you

[postggj]

as long as you have proof of sending the CPR 31.14 request,

 

send a reminder that they have not responded top the request, email is fine

 

i will then work on a defence for you

[essexmum]

Thanks Squaddie - thought I had said thanks last night but may have pressed the wrong buttong!!!

[essexmum]

Hi All, just to update you, we have received no response whatsover to our original CPR31.14 or the chaser. Our deadline for submission of a defence is 4pm Monday 29th, can you please advise as to what we should do now?

Many thanks.

[Ford]

if defending, submit your defence re their particuliars of claim in time. could include a short line that you have reasonably tried to get copy docs re their claim via cpr 31.14 but they have not responded.

[essexmum]

Good morning all. I am currently working on my defence which needs to be submitted to Northampton tomorrow (Monday). The court confirmed that this can be emailed and faxed - planning to do both, just to be on the safe side. Could someone please have a look at the wording for me to insert in section 3 of the Defence page taken from the Claim pack (I have used, and amended the text from previous threads, which I hope is ok).

 

[old embarrassed defence removed - dx]

 

 

Do you think this is ok or it it too detailed?

Any advice gratefully received

 

Kind regards

essexmum

[Ford]

what are their particulars of claim, the background circumstances/events? info which maybe useful re a defence? relying just on 31.14 non compliance may not be sufficient, but you never know! flag up for further input.

Edited April 28, 2013 by Ford

[steampowered]

Just in terms of managing your expectations - your Defence is not the place to ask the court to make a disclosure order under CPR 31.14. This would need to be the subject of a separate disclosure application unless you prefer to wait for the disclosure stage of proecedings. The court is very unlikely to start making case management orders off the back of the Defence, the purpose of a Defence is really to contest the facts of the claim.

 

I would say a little more about the facts of the case if possible. If you genuinely have no idea what this debt is about then mention that expressly. If you have never received the assignment notice or other documents they say were sent to you, then say this expressly. If there is much factual detail in their Particulars of Claim then expressly confirm/deny the details (don't worry if the POC, like most DCA POCs, is very brief).