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CPR 31.14 Request for disclosure of specific information of documents mentioned in the statement of case (particulars of claim)

( you can copy and paste the text further down this page)
This normally will go to the Solicitors dealing with the case for the Claimant – send to the address for documents listed on the claim form.

Often claims for debt are submitted through the Northampton County Courts Bulk Processing center and the particulars of claim are very limited and do not generally give enough information about the debt to enable you to defend, or admit, the debt with confidence. Therefore we send the claimants a request for documents mentioned in their claim. This requests the claimants supply you with documents which they intend to rely on for bringing the case.

We ask for this information under CPR 31.14 which you can find in the Civil Procedure Rules here.

This must be sent as soon as possible after having received the court claim and after having acknowledged receipt through the MoneyclaimOnline service. It is not applicable after the case has been allocated to a track (small claims/fast/multi track).

You can download a copy of the letter here in WORD format or copy & paste from below.

Remember to remove the guidance in RED and amend the GREEN sections to suit.

Any questions please ask on the forum

Your name
Your address
Your postcode

Date

Claimants name
Claimants address
Claimants postcode

Dear Sirs,

Claim Number: XXXXXX

Request for documents mentioned in a statement of case under CPR 31.14

On xx/xx/xxxx I received a County Court claim from yourselves of which I have acknowledged receipt indicating my intention to defend in full.

To enable me to file my defence and/or counterclaim, I require inspection of documents you mention in your statement of case ahead of filing my defence on xx/xx/xxxx.

NB: ONLY LIST HERE DOCUMENTS THAT ARE MENTIONED IN THE PARTICULARS OF CLAIM ON THE FRONT OF THE CLAIM FORM – eg. IF THEY DON’T MENTION ‘ DEFAULT NOTICE’ YOU CANNOT ASK FOR IT UNDER CPR 31.14, IF THEY MENTION CONTRACT rather than AGREEMENT – ask for the CONTRACT…IF IN DOUBT TYPE OUT THE PARTICULARS OF CLAIM AND ASK ON THE FORUM.( and remove this paragraph too!!!!)
for EXAMPLE
1. Agreement / Contract
2. Default Notice
3. Assignment
4. Formal Demand

In accordance with CPR 31.15(c) I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.

You should note that this claim has not yet been allocated to a specific track and the provisions of CPR 27(2) are of no effect. Had your claim not been issued through CCBC the Claimant would have been obliged to attach copies of the documentation upon which it relies to the Particulars of Claim.

I, as Defendant, am entitled to see the documents on which the Claimant relies and which you must produce at trial. Disclosure at this stage will enable me to fully plead my case and further the Overriding Objective.

You should ensure compliance with your CPR 31 duties and ensure that the document(s) I have requested are copied to and received by me within 7 days of receiving this letter.

If you require more time in which to comply with this request you must tell me in writing and confirm your agreement to an extension of the time allowed for me to file my defence as allowed under CPR 15.5 so I may notify the court.

For your information and records I enclose a copy of the formal request for a copy of the credit agreement relating to this claim, pursuant to the Consumer Credit Act 1974, which has been posted to your client with the statutory fee of £1 today, xx/xx/xxxx.

I look forward to hearing from you.

Yours sincerely

Your Name

You may receive a response from the claimants disputing your rights to request these documents, usually because your claim would likely be allocated to the small claims track (where, once allocated, CPR 31.14 would not apply)

You can respond to this letter reminding the claimant the claim has not yet been allocated to any track;

You can download a copy of the letter here in WORD format or copy & paste from below.

Remember to amend the GREEN sections to suit.

Any questions please ask on the forum

Your name
Your address
Your postcode

Date

Claimants name
Claimants address
Claimants postcode

Dear Sirs,

Claim Number: XXXXXX

Request for documents mentioned in a statement of case under CPR 31.14

 Thank you for your response to my request for disclosure of documents mentioned in your statement of case under CPR 31.14.

With regards to your assertion that ”we confirm this matter will most properly be allocated to the small claim track as this is a simple contractual matter and part 31 of the civil procedure rules will therefore not apply.” I am afraid I must disagree, the case has not been allocated to a track for determination and as a consequence the provisions of CPR 27(2) have no effect and you should not seek to avoid compliance with your CPR 31 duties by claiming otherwise.

I am unable to lodge my defence and/or counterclaim at this moment as I have no information regarding the alleged debt. If you require more time in which to comply with this request you must tell me in writing and state a date by when you will comply with this request. In addition I require a statement that you agree to an extension of the time for me to file my defence. Your extension of time must be not less than 14 days from the date when you say you will have complied with my request and you must state the new date for filing my defence.

If you are unwilling to comply with my request for specific disclosure please inform me and I will consider entering an application to the court to obtain such.

In accordance with CPR 31.15(c) I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.

I look forward to hearing from you within the next 7 days.

Yours sincerely

Your Name

Any questions please ask on the forum

 

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If you have received a County Court Claim from a creditor or debt purchaser, don’t panic ! LegalBeagles have many years of experience assisting consumers in dealing with these claims, so you are in the right place to work out what steps you should take before making a decision whether to defend the claim or negotiate a settlement.

If you are looking for formal advice you should get in touch with Citizens Advice or National Debtline.

Visit the Forum – County Court Claims

Consumer Credit Claims
First Steps
Acknowledge a Claim
Check Your Dates
CCA Request Letter
CPR 31.14 Request Letter
Subject Access Request Letter
Example Defence
Set Aside Application

 

 

We now feature a number of specialist consumer credit debt solicitors on our sister site, JustBeagle.com – If your case is over £10,000 or particularly complex it may be worth a chat with a solicitor, often they will be able to help on a fixed fee or CFA (no win, no fee) basis.