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Hi
I was going to file my defence tonight as my 28 days + 5 days are up.
I hadn't had any correspondence from the claimant or the claimants solicitors........until now.
This letter was delivered today from the claimants solicitors,and I do not know what to do
It reads
We acknowledge receipt of your recent request made pursuant to CPR 31.14
We would point out that the Claim was issued via the County Court Business Centre which is a procedure specifically provided for the CPR. This procedure only allows a Claimant to insert brief details of the Claim and does not allow for the attachment of any enclosures. Para graph 5.2A of Practice Direction 7E specifically states "The requirement in paragraph 7.3 of Practice Direction 16 for documents to be attached to the particulars of contract claims does not apply to claims started using an online claim form, unless the particulars of claim are served separately in accordance with paragraph 5.2 of this practice direction."
We would also remind you that CPR 31.14 states:-
"A party may inspect a document mentioned in -
(a) a statement of case;
(b) a witness statement;
(c) a witness summary; or
(d) an affidavit
You would have been provided with a copy of the contract / Terms and conditions at the time the account was opened and hence we see no reason why you now require an additional copy.
Furthermore, the other documents you have requested are not "mentioned" in the Particulars of Claim and therefore CPR 31.14 (1) does not apply.
Although your letter states that you require the requested documents in order to file a Defence / Counterclaim, we would point out that the Particulars of Claim contains sufficient information in order for you to understand what the Claim relates to namely:
a) the date the account was opened;
b) the account number;
c) the outstanding balance;
d) the name of the original creditor; and
e) the fact that the account has been assigned to the claimant and when it was assigned.
Furthermore, throughout the lifetime of the account, you will have received various statutory Notices and collection style letters relating to the account and as such, we do not believe there can be any sensible basis for you to allege that you do not understand the basis of the claim issued against you.
For the avoidance of doubt,no extension of time is agreed for you to file a defence.
Finally,we note that you state that you have made a request to our Client pursuant to S77/78 of the consumer credit act 1974. We will review this with our client and your account on hold in the meantime.
We trust this clarifies matter.
Any advice would be greatly appreciated
I was going to file my defence tonight as my 28 days + 5 days are up.
I hadn't had any correspondence from the claimant or the claimants solicitors........until now.
This letter was delivered today from the claimants solicitors,and I do not know what to do
It reads
We acknowledge receipt of your recent request made pursuant to CPR 31.14
We would point out that the Claim was issued via the County Court Business Centre which is a procedure specifically provided for the CPR. This procedure only allows a Claimant to insert brief details of the Claim and does not allow for the attachment of any enclosures. Para graph 5.2A of Practice Direction 7E specifically states "The requirement in paragraph 7.3 of Practice Direction 16 for documents to be attached to the particulars of contract claims does not apply to claims started using an online claim form, unless the particulars of claim are served separately in accordance with paragraph 5.2 of this practice direction."
We would also remind you that CPR 31.14 states:-
"A party may inspect a document mentioned in -
(a) a statement of case;
(b) a witness statement;
(c) a witness summary; or
(d) an affidavit
You would have been provided with a copy of the contract / Terms and conditions at the time the account was opened and hence we see no reason why you now require an additional copy.
Furthermore, the other documents you have requested are not "mentioned" in the Particulars of Claim and therefore CPR 31.14 (1) does not apply.
Although your letter states that you require the requested documents in order to file a Defence / Counterclaim, we would point out that the Particulars of Claim contains sufficient information in order for you to understand what the Claim relates to namely:
a) the date the account was opened;
b) the account number;
c) the outstanding balance;
d) the name of the original creditor; and
e) the fact that the account has been assigned to the claimant and when it was assigned.
Furthermore, throughout the lifetime of the account, you will have received various statutory Notices and collection style letters relating to the account and as such, we do not believe there can be any sensible basis for you to allege that you do not understand the basis of the claim issued against you.
For the avoidance of doubt,no extension of time is agreed for you to file a defence.
Finally,we note that you state that you have made a request to our Client pursuant to S77/78 of the consumer credit act 1974. We will review this with our client and your account on hold in the meantime.
We trust this clarifies matter.
Any advice would be greatly appreciated
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