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

[diddydicky]

its stated in a letter from their solicitors- in response to my chasing them on a 31.14 request that i !already have" the original agreement

 

it does not state that THIS is the document they will rely upon in court and of course is not a copy of the orignal- but a copy of a microfiche record

[colin21958]

Having read this thread I realise I have made a big mistake. When I received the claim form and read the particulars of claim I immediately wrote a defence on the defence form and submitted it. I realise now that I should have just submitted an acknowledgement of service and then obtained documents, etc., from the claimant first as described here. Is there anyway I can "withdraw" my defence so that I can obtain copies of all the relevant documents and then file a better defence? If so I would be grateful if anyone could exlain what I would need to do to achieve this. Thanks.

[diddydicky]

Having read this thread I realise I have made a big mistake. When I received the claim form and read the particulars of claim I immediately wrote a defence on the defence form and submitted it. I realise now that I should have just submitted an acknowledgement of service and then obtained documents, etc., from the claimant first as described here. Is there anyway I can "withdraw" my defence so that I can obtain copies of all the relevant documents and then file a better defence? If so I would be grateful if anyone could exlain what I would need to do to achieve this. Thanks.

 

yes you will need to write to the court and ask for permission to amend your defence and explain why

[bustthematrix]

Great stuff...what a site!

[wycombe]

Firstly my thanks - some great advice and help here.

 

I,m just about to issue a CPR 31.14 request to Restons on a Virgin Credit (MBNA) card debt that I defaulted on due to ill health.

 

Being a total 'debt' virgin so to speak as I have never in my almost 60 years been in a position like this where I am being hounded by the credit industry - so this Forum has been invaluable to me and my eternal gratitude to all the knowlegeable contributers.

 

I have a couple of questions and I ask you to be easy with me if they appear stupid:

 

Firstly I have notified the County Court I intend to defend the action against me - I am presuming I can withdraw this should Reston's produce the original signed agreement?

 

Secondly as I am on Employment and Support Allowance (not working and not likely to in the near future) is legal aid available for cases like mine?

 

Thirdly the Summons mentions a 'contract' dated on or about 08/01/2004 - Again I am presuming this is the document that Reston's will need to produce under the CPR 31.14 request?

 

Thanks for your patience.

[emandcole]

Firstly my thanks - some great advice and help here.

 

I,m just about to issue a CPR 31.14 request to Restons on a Virgin Credit (MBNA) card debt that I defaulted on due to ill health.

 

Being a total 'debt' virgin so to speak as I have never in my almost 60 years been in a position like this where I am being hounded by the credit industry - so this Forum has been invaluable to me and my eternal gratitude to all the knowlegeable contributers.

 

I have a couple of questions and I ask you to be easy with me if they appear stupid:

 

Firstly I have notified the County Court I intend to defend the action against me - I am presuming I can withdraw this should Reston's produce the original signed agreement?

 

Secondly as I am on Employment and Support Allowance (not working and not likely to in the near future) is legal aid available for cases like mine?

 

Thirdly the Summons mentions a 'contract' dated on or about 08/01/2004 - Again I am presuming this is the document that Reston's will need to produce under the CPR 31.14 request?

 

Thanks for your patience.

 

Hi Wycombe. Welcome to CAG. Ideally you'll need to start a fresh thread so we can assist with help particular to your situation. If you need help with that shout, but if you go to the home page of CAG and scroll all the way down to the Debt Collection Industry section and click in there you'll see a blu button with the owrds 'New Thread' on. Click that and you'll be away.

 

To answer your initial questions:

 

You're right to defend and yes you can always withdraw that if that becomes the sensible option. The amount they claim will also to some extent dictate your move but more of that as and when necessary dependent on what they produce.

 

As for Legal Aid I'm pretty sure (check with CAB for example) you won't be able to get any, not for something of this nature. However, as the defendant costs to you are minimal as it's the claimant who will need to fund the action at various stages. You can qualify for exemptions in court fees if you are in receipt of various benefits for example, for an up to date picture perhaps contact the court or refer to the HMCS website.

 

As for the contract they refer to yes they will need to produce this and the means of getting hold of this can be explained once you've started your own thread. If they didn't issue proceedings through the Northampton County Court Bulk Centre they should have attached any documents referred to in their Particulars Of Claim with the claim form. More of that later.

 

Let us know when you've started a new thread, point us in the right direction and we can advise further from there.

[wycombe]

My thanks for the reply. If I have done this correctly this is the link to the new thread in the correct forum.

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/254011-wycombe-restons-mbna.html#post2855739

Edited March 30, 2010 by wycombe
Wrong URL for previous posting

[atom02]

I wonder - does anyone know whether the timescales given should be 7 calendar days, including bank holidays or working days?

[citizenB]

I wonder - does anyone know whether the timescales given should be 7 calendar days, including bank holidays or working days?

 

Prior to 19th December 2006 the timescale for remedy was 7 days, after that, it was changed to 14.

 

Say for instance the DN was dated a day that was a Friday, then the weekend is discounted and the time for service starts on the Monday.

 

Same for Bank Holidays.. the time for service is for Working days only.. not weekends or bank holidays.

 

If you received the Default notice on a Friday.. then any following weekends/bank holidays are included in the time allowed. HTH

[CBR600F]

..... The second claim was struck out, recently reinstated as the claimant claimed not to have received any of the orders from the court and the judge therefore agreed to allow it to proceed. No hearing date yet for this, or track allocation. I appreciate any advice you can give on this, Magda

 

 

Just a random thought: -

Is there any mileage in sending, by recorded mail, copies of court documents so that the claimant can't just deny they received them?

 

Apologies if this is covered above, as I said just a random thought while reading this thread.

[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.

[CBR600F]

Yeap sure know that and if on a tight deadline by SD!

 

I am referring to documents that the courts send us and the claimant.

 

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:D

[atom02]

Prior to 19th December 2006 the timescale for remedy was 7 days, after that, it was changed to 14.

 

Say for instance the DN was dated a day that was a Friday, then the weekend is discounted and the time for service starts on the Monday.

 

Same for Bank Holidays.. the time for service is for Working days only.. not weekends or bank holidays.

 

If you received the Default notice on a Friday.. then any following weekends/bank holidays are included in the time allowed. HTH

 

Thanks for that CitB. Hopefully, I haven't compromised my application - this is for a cpr 31:14 request (I haven't got a thread running on it as just looking for guidance on this one issue). 1st request was via a cpr 18 for a host of information, including disclosure of documents on which part of claim was based back in Dec and the Claimant failed to respond, stating it can be dealt with during disclosure. With a directions/allocation hearing coming up after a 3 month stay ending 26/03 during which nothing happened i.e. Claimant did nothing to resolve issues after requesting stay specifically for that purpose, I sent a reminder on 22/03 by email 1st thing in the morning and a cpr 31:14 on 29/03 for specific paragraphs in the part 18 request to be complied with under 31:14 by 5th April obviously not realising it will be a bank holiday. With no response to anything since 22/03 reminder, I made an application today to strike out part of Claimant's case unless request is complied with by 22/04. mmh!

[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

[CBR600F]

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

 

 

I think you misunderstood what I am trying to say!

Copies of papers FROM the court not to them:D

[bustthematrix]

Does anyone know how these two CPR items 31.14 and CPR 18 relate to

 

Practice Direction 32 notice to produce - notarial acts?

 

A friend sent me some bumpf on the latter and I just wondered how it may relate to these CPR rules.

[CBR600F]

They actually received it 9/4/10

 

I would agree that 14 calendar days from the 9th is more than reasonable for them to reply by, which gives them to the 23/4/10.

[CBR600F]

Got a letter from BOS today, it says:-

 

We write with reference of your letter dated xx requesting documentation under CPR31.14.

 

Please be advised we are currently in the process of collating the documentation and this will be forwarded to you in due course.

 

We return your cheque for £1.00 as no fee is required for information pursuant to CPR 13.14.

 

Now I asked for two documents the agreement and DN.

 

So it looks as if they have done the usual and taken me to court without having the agreement first!

 

Now I just have to wait to see what they provide.....

[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.

[CBR600F]

Well the cpr31.14 letter I sent was a based on the template in Post 1 here. Which doesn't pull any punches;)

Will start a thread up for my case shortly. Just waiting to see what I get back and at present this is more relevant to this thread.

[brooooooooooce]

sub

[CBR600F]

Still nothing from BOS so it looks like a CPR31.18(?) and an embarrassed defence.

 

I Will start up a new thread tomorrow as I need to get all rel docs together.

 

BTW I gave them 7 days which has well past!

[ltc1607]

sub

[bustthematrix]

Still nothing from BOS so it looks like a CPR31.18(?) and an embarrassed defence.

 

I Will start up a new thread tomorrow as I need to get all rel docs together.

 

BTW I gave them 7 days which has well past!

CBR600F, before you send in your Embarrassed Defence(ED), that is if you haven't done so already, please take a good look at this thread http://www.consumeractiongroup.co.uk/forum/legal-issues/255329-cpr-18-cpr-31-a.html by PT2537.

 

You MAY NOT want to send in an ED after reading that at all!!!

 

btw, does anyone know if an ED can be redacted or amended after it has been submitted?

[bustthematrix]

Hello All

 

Does anyone know if CPR can be used to request further documents after having received the following from Northampton CC Bulk Centre:

 

Form TE3

Order for recovery of unpaid penalty charge (Parking)