Confused With CPR 31.14 Wording

[simplyrural]

Have done Acknowledgement ready to post
Done CCA Request letter to post.
But am stuck on what to put for this can anyone help with wording at all please.

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

Particulars of claim on court forms are.
The claimant claims payment of the overdue balance due for the defendant under a contract between the defendant and Next Directory.
Dated on or about Feb 02 2009 and assigned to the claimant on July 09 2016.
Particulars are a/c no XXXXXXXX
Date 20/04/2018 Default balance XXXX
post refrl cr NIL
Total XXXX
Many thanks in advance.

[simplyrural]

Also wondered what date i need to put in here please.?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.

[jaguarsuk]

Have done Acknowledgement ready to post
Done CCA Request letter to post.
But am stuck on what to put for this can anyone help with wording at all please.

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

Particulars of claim on court forms are.
The claimant claims payment of the overdue balance due for the defendant under a contract between the defendant and Next Directory.
Dated on or about Feb 02 2009 and assigned to the claimant on July 09 2016.
Particulars are a/c no XXXXXXXX
Date 20/04/2018 Default balance XXXX
post refrl cr NIL
Total XXXX
Many thanks in advance.

1. "contract between the defendant and Next Directory."
2. Notice of alleged debt being "assigned to the claimant on July 09 2016"

Also wondered what date i need to put in here please.?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.

33 days from the date on the claim form, calculate the date using Check dates .

If the date falls on a weekend or public holiday the deadline becomes the next working day at 4pm.

[simplyrural]

Many thanks for your help so quickly.

[simplyrural]

Hi- I've received a letter from claimant who sent me postal order back and said they would send CCA documents soon as they receive them but they are no longer handling it the solicitors are.Now i've received this from solicitors.(hope it uploads ok) .Can anyone advise please as still haven't received the actual info i requested and have to submit defence next week.Many thanks.

[jaguarsuk]

Hi- I've received a letter from claimant who sent me postal order back and said they would send CCA documents soon as they receive them but they are no longer handling it the solicitors are.Now i've received this from solicitors.(hope it uploads ok) .Can anyone advise please as still haven't received the actual info i requested and have to submit defence next week.Many thanks.

You will submit a defence based on the Example Defence and regardless of them stating that you will have had the contract, if they want to go to a hearing they'd better produce it.

[simplyrural]

Hi I am filling out my defence to post today and my head is spinning with it all.There isnt much space on the defence form to fill everything out and i dont want to put the wrong thing.Ive had nothing back from either the claimant or solicitor documents wise.Ive looked at the example and wonder how im going to fit it all on.Can anyone help at all please.Many Thanks.

[simplyrural]

Ive got so far but am stuck on some of the responses-Can i print it out once done and attach to court forms as not much space provided? or. i need to put all of the info that is on the example defence when filling the form out or just start from point 1?actually on the defence part of the claim form.Many thanks.

1.I received the claim ********* from the Northampton County Court on 17/6/2018



2.Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.



3.This claim is for a catalogue agreement regulated under the Consumer Credit Act 1974.



4.It is denied that the Defendant has previously entered into an agreement with original creditor for provision of credit.



5.The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim.



6.The Claimant’s Particulars of Claim fail to state when the agreement was entered into.



7.[The Defendant contends the alleged debt is statute barred by virtue of Section 5 of the Limitations Act 1980 in that no payment or acknowledgment has been made for over 6 years] -do i need to remove this?



8.The Claimants statement of case states that the account was assigned from ******to Debt Manager(service) on *****. The Defendant does not recall receiving notice of this assignment.



9.It is denied that **** served any Default notice on the Defendant pursuant to s87 Consumer Credit Act 1974. The Claimant is required to prove that a compliant Default Notice was served upon the Defendant. The Claimant is required to prove that the any Default notice relied upon complied with the requirements of s88(4A) Consumer Credit Act 1974 and that the notice was in the prescribed form as required by The Consumer Credit Enforcement Default and Termination Notice Regulations 1983.



10.On the 20/6/18 I sent a request for inspection of documents mentioned in the claimant’s statement of case under Civil Procedure Rule 31.14 to Restons Solicitors Limited. I requested the Claimant provide copies of the [Agreement, Default Notice and Notice of Assignment].



11.Restons Solicitors Limited has not sent any of these documents to me.



12.On the 20/6/18 I sent a formal request for a copy of the original agreement to Debt Managers Services pursuant to section [77 or 78] of the Consumer Credit Act 1974 along with the statutory £1 fee.



13.The Claimant has failed to comply with [s77 (1) / s 78 (1)] Consumer Credit Act 1974 and by virtue of [s77 (4) / s 78 (6)] Consumer Credit Act 1974 cannot enforce the agreement.



14. I have asked the Claimant if we may agree to extend the time period allowed for filing of my defence pending receipt of documents (as allowed under CPR 15.5), but they have declined. [The Parties agreed to an extension to the time period allowed for filing of my defence under CPR 15.5 to allow the Claimants additional time to produce the relevant documentation to evidence their claim, however they have failed to do so.]



15.Under Civil Procedure Rule 16.5 (4) Where the claim includes a money claim, a defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation. Therefore, it is expected that the Claimant be required to prove the allegation that the money is owed as claimed.



16.I request the court orders the Claimants to provide the necessary documentation in order for me to fully plead my case else the Claim should stand struck out.



17.In the event that the relevant documents are received from the Claimants I will then be in a position to amend my defence, and would ask that the Claimants bear the costs of the amendment.



18.It is denied that the Claimant is entitled to the relief as claimed or at all.

Statement of Truth

[simplyrural]

Also do i need to enclose the copies of the letters i sent to claimant and solicitor and the recorded delivery receipts?

[jaguarsuk]

Hi I am filling out my defence to post today and my head is spinning with it all.There isnt much space on the defence form to fill everything out and i dont want to put the wrong thing.Ive had nothing back from either the claimant or solicitor documents wise.Ive looked at the example and wonder how im going to fit it all on.Can anyone help at all please.Many Thanks.

If you download the template then you will see the format you can serve it as a separate document to the form and simply put on the defence form "See separate document attached titled "Defence."

[FONT=Arial][SIZE=10px]/FONT]



7.[The Defendant contends the alleged debt is statute barred by virtue of Section 5 of the Limitations Act 1980 in that no payment or acknowledgment has been made for over 6 years] -do i need to remove this?

Yes

Also do i need to enclose the copies of the letters i sent to claimant and solicitor and the recorded delivery receipts?

No you don't need to enclose anything.

[ostell]

I believe you can attach separate sheets to the defence form, info should be on the form, or you can create a PDF file of your Defence and email it to the court making sure it is signed. Documents will come later as exhibits with your witness statement.

[simplyrural]

Thank you ever so much for that.
no3- is it 'is for' or 'appears to be for'-ive put is for but want to be sure .
n04- do i leave text as it is - and is it entered into 'an agreement' or 'agreement'
no10-do i leave all 3 that are in brackets)
No14- Do i leave this as it is ?
Many thanks in advance and sorry for so many questions

[jaguarsuk]

Thank you ever so much for that.
no3- is it 'is for' or 'appears to be for'-ive put is for but want to be sure .

appears to be for

n04- do i leave text as it is - and is it entered into 'an agreement' or 'agreement'

an agreement

no10-do i leave all 3 that are in brackets)

delete the brackets and list what you asked for in the 31.14 letter

No14- Do i leave this as it is ?

Delete everything in the brackets and the brackets themselves.

[simplyrural]

Completed finally.Ready to print as per the template.Is this ok with no major mistakes standing out.Many thanks.
In the Northampton County Court Business Centre
Claim No: ===

======
Claimant
And

=======
Defendant


DEFENCE
I received the claim ====== from the Northampton County Court on =====
Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.
This claim appears to be for a catalogue agreement regulated under the Consumer Credit Act 1974.
It is denied that the Defendant has [previously] entered into an agreement with Next Directory for provision of credit.
The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim.
The Claimant’s Particulars of Claim fail to state when the agreement was entered into.
The Claimants statement of case states that the account was assigned from ==== to ====== on ====. The Defendant does not recall receiving notice of this assignment.
It is denied that ==== served any Default notice on the Defendant pursuant to s87 Consumer Credit Act 1974. The Claimant is required to prove that a compliant Default Notice was served upon the Defendant.

On the === I sent a request for inspection of documents mentioned in the claimant’s statement of case under Civil Procedure Rule 31.14 to Restons Solicitors Ltd. I requested the Claimant provide copies of 1-Contract between the defendant and === & 2 Notice of alleged debt being ‘assigned to the claimant on July 9th 2016 .Restons Solicitors Ltd has not sent any of these documents to me.
On the ==== sent a formal request for a copy of the original agreement to ==== pursuant to section 78 of the Consumer Credit Act 1974 along with the statutory £1 fee.
The Claimant has failed to comply with s78 (1)Consumer Credit Act 1974 and by virtue of s78(6) Consumer Credit Act 1974 cannot enforce the agreement.
I have asked the Claimant if we may agree to extend the time period allowed for filing of my defence pending receipt of documents (as allowed under CPR 15.5), but they have declined.
Under Civil Procedure Rule 16.5 (4) Where the claim includes a money claim, a defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation. Therefore, it is expected that the Claimant be required to prove the allegation that the money is owed as claimed.
I request the court orders the Claimants to provide the necessary documentation in order for me to fully plead my case else the Claim should stand struck out.
In the event that the relevant documents are received from the Claimants I will then be in a position to amend my defence, and would ask that the Claimants bear the costs of the amendment.
It is denied that the Claimant is entitled to the relief as claimed or at all.
Statement of Truth
The Defendant believes that the facts stated in this Defence are true.
Signed ________________________________
Dated ________________________________

[jaguarsuk]

Completed finally.Ready to print as per the template.Is this ok with no major mistakes standing out.Many thanks.
In the Northampton County Court Business Centre
Claim No: ===

======
Claimant
And

=======
Defendant


DEFENCE
I received the claim ====== from the Northampton County Court on =====
Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.
This claim appears to be for a catalogue agreement regulated under the Consumer Credit Act 1974.
It is denied that the Defendant has [previously] entered into an agreement with Next Directory for provision of credit.
The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim.
The Claimant’s Particulars of Claim fail to state when the agreement was entered into.
The Claimants statement of case states that the account was assigned from ==== to ====== on ====. The Defendant does not recall receiving notice of this assignment.
It is denied that ==== served any Default notice on the Defendant pursuant to s87 Consumer Credit Act 1974. The Claimant is required to prove that a compliant Default Notice was served upon the Defendant.

On the === I sent a request for inspection of documents mentioned in the claimant’s statement of case under Civil Procedure Rule 31.14 to Restons Solicitors Ltd. I requested the Claimant provide copies of 1-Contract between the defendant and === & 2 Notice of alleged debt being ‘assigned to the claimant on July 9th 2016 .Restons Solicitors Ltd has not sent any of these documents to me.
On the ==== sent a formal request for a copy of the original agreement to ==== pursuant to section 78 of the Consumer Credit Act 1974 along with the statutory £1 fee.
The Claimant has failed to comply with s78 (1)Consumer Credit Act 1974 and by virtue of s78(6) Consumer Credit Act 1974 cannot enforce the agreement.
I have asked the Claimant if we may agree to extend the time period allowed for filing of my defence pending receipt of documents (as allowed under CPR 15.5), but they have declined.
Under Civil Procedure Rule 16.5 (4) Where the claim includes a money claim, a defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation. Therefore, it is expected that the Claimant be required to prove the allegation that the money is owed as claimed.
I request the court orders the Claimants to provide the necessary documentation in order for me to fully plead my case else the Claim should stand struck out.
In the event that the relevant documents are received from the Claimants I will then be in a position to amend my defence, and would ask that the Claimants bear the costs of the amendment.
It is denied that the Claimant is entitled to the relief as claimed or at all.
Statement of Truth
The Defendant believes that the facts stated in this Defence are true.
Signed ________________________________
Dated ________________________________

Just ensure each paragraph is numbered in the actual document.