Off topic posts from "Getting them to Reveal their Vitals"

[foolishgirl]

Muffintop, I'm no expert but if you've tried the CPR route then it may be best to try a N244 disclosure request as per the "why its best...." thread.

S.

 

Did you mean 'why you shouldn't...' shadow?

 

If so, this is the link muffintop:

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/173201-why-you-shouldnt-use.html

[foolishgirl]

 

Does the fact the T & c's are not provided legibly put them in breach of the Judges Order for a copy of the agreement.?. do these t & c's form part of the agreement when the signatures are before the t & c's not after them? Would it be worth sending a request such as this 31.14 or shall we be safe leaving it with the Judges Order..?

 

 

 

Wouldn't the T&Cs only form part of the agreement if they were 'within the 4 corners' of it?

[foolishgirl]

Hi changing direction from this, and sorry if this has been answered earlier, when you complete an AQ do you send copies of the CPR 31.14 or CPR 31.16

 

CPR 31.14 as legal action has commenced. However make sure you send it out before you get notification of track allocation as you cannot use CPR31 on small claims, however you can use if you don't know the track.

[foolishgirl]

No, but if you are compiling draft directions to go into the AQ, the fact that you have sent the CPR & not received a response should go into it.

 

Have you got a thread & have you posted what you intend to put on the AQ?

[foolishgirl]

ditto - don't trust them!

 

Without doubt - this is an old Amex trick.

 

Don't rely on the court recording it either!

 

Submit a holding defence if necessary with the caveat that you be permitted to submit a full defence when Amex have provided the docs.

[foolishgirl]

How does one submit a holding defence? ...

 

I am tempted to file my intended embarrassed defence, on time, and add that the claimant has responded to a CPR 31.14 request by saying they will provide the document and more time (although they have given no specific date for providing the document), and I will be adding to my defence when and if they do supply the document.

 

Holding/embarrassed - same thing.

 

Yes, put a clause in to the effect that you wish to submit a more detailed defence within 14 days of Amex supplying the paperwork. Attach a copy of Amex's letter.

 

If they haven't supplied docs by the time you get to AQ stage, you can then ask for draft directions with a strike out if they don't comply within a set period.

 

In any case if they haven't supplied within 14 days from today I would send them a reminder under CPR31.14 giving them a specific date by which they must comply eg. 10 further days. Then if/when you come to court you have bigger bullets to fire.

[foolishgirl]

 

.. ensure you do it in the morning tho as it'll send you to sleep at night.

 

 

:D It's my favourite bedtime reading.

[foolishgirl]

IMO the problem with relying solely on standard disclosure or submitting draft directions on an AQ is that with the former, you are denied the opportunity to request a specific item & with the latter, you are reliant on a DJ issuing those directions. With CPR 31.14 you take the ball game to the claimant & if he chooses not to play, you can use the court process at an earlier stage to get him to play or force a surrender.

[foolishgirl]

You should always send docs that concern any claim by Rec. Del to the sols. If they are required to be there by a specific date, you should use Spec. Del.

[foolishgirl]

 

I.E. Technically doing the court's job for them by sending the claimant a copy of the court papers that they should also have received

 

Technically the court is doing your job by sending a copy to the claimants! Various parts of the CPR state that the parties should send each other copies of docs etc. See CPR 15.6 & 15.8 as egs:

 

'15.6 A copy of the defence must be served on every other party'

 

'15.8 If a claimant files a reply to the defence, he must –

(a) file his reply when he files his allocation questionnaire; and

 

(b) serve his reply on the other parties at the same time as he files it.'

 

 

And whilst your local court may oblige if you submit an extra copy of your defence etc. Northampton don't seem to.

 

Moral - send a copy to the other side

[foolishgirl]

Did you give them a time limit to comply CBR?

 

Have you got a thread on this? If not, suggest you start a new one & then you might get more specific help.

[foolishgirl]

The CO you mention will be an interim CO flaminscoty. It's just a marker to warn potential buyers that the house is subject to a court claim in process. However you MUST defend it.

This is the link if anybody wants to help:

http://www.consumeractiongroup.co.uk/forum/legal-issues/259660-flaminscoty-link.html

[foolishgirl]

Can CPR be used for any claim brought?

 

Any claim in the county court.

[foolishgirl]

They may have but a request under CPR31.14 or CPR18 may also help you to formulate a defence.