Court claim, defence due tomorrow

[postggj]

I have to watch what i post as it is in reference to a well known DCA

 

I have just had a visit from a very good friend of mine. He received two court claims on the same date reference an overdraft and credit card. He went onto one of these FMOTL web sites. He sent a CPR 31.14 request and asked a contract under this Bills of Exchanges Act.

 

THE CLAIMANT HAS RESPONDED TODAY TO THE 31.14 REQUEST,

DEFENCE IS DUE BY 1600 TOMORROW

 

What interests me is that the DCA are stating it can take up to 6 to 8 weeks to receive the information from the creditor as to the 31.14 request, AND HE WILL THEN HAVE 2 WEEKS FROM RECEIPT TO SUBMIT HIS DEFENCE. Unbelievable

 

The claimant has not mentioned extension as to CPR 15.5, this seems a deliberate attempt at trying to get a judgement by default.

 

Do we have any threads on a claimants failure to comply with a CPR 31.14 request, and no mention of an extension as to CPR 15.5

 

I am inclined to recommend a strike out application as the last thing needed is a stay in proceedings.

 

He only received a response to the CPR 31.14 request today, defence due by close of business tomorrow

 

I have been asked to draw up some sort of holding defence to avoid judgement by default

[steampowered]

The parties cannot agree an extension that long. The maximum extension you are allowed to agree without a court order is 28 days. It is pretty common for DCAs to fail to comply with CPR 31.14 requests. I would not at all be surprised if the DCA seeks default judgment - I think you are spot on with suggesting a Defence, the best course of action is to just go ahead file the Defence anyway which puts them to proof about whether they have the necessary documents.

 

You could bring an application (N244) seeking an order that the Claimant complies with the 31.14 request, but given the court fee and the extra time taken it is probably not worth doing to be honest. You will not get a strike-out for failure to promptly comply with a 31.14 request. In any event I suspect the CPR 31.14 request is technically not valid since it may only be used to request documents mentioned in a statement of case and I would guess the statement of case does not mention any contract under the Bills of Exchange Act.

[postggj]

I agree

 

Putting a defence together is not a problem, glad he got to me before submitting that FMOTL crap

 

The DCA are trying to get a judgement by default and relying on his naivety to succeed

 

The CPRr request was sent three weeks ago, and they respond a day before the defence is due shows there contempt

 

The last thing i need is this claim stayed, its a strike out i am after, i suppose i will have to wait for the AQ and do a draft order for directions

[postggj]

He has just text me his gateway password for MCOL

 

Anyone got any idea how i locate the particulars of claim, all i can find are the response options (defence)

[Ford]

dont think poc are available online. would need to get it from your friend.