CPR Request Denied

[jellybelly2016]

Apologies, I pposted this in the Welcome Forum by mistake...

Hi,

Many thanks to everyone on here for all the advice available. I was really stressing out until I did a lot of reading up on things...

I have a CC claim that I've made both the CCA (to the DCA) and CPR request (to the solicitor bringing the claim). The solicitors have replied with the following:

'The documents you have requested are not "mentioned' in our Particulars of Claim and therefore CPR 31.14(1) does not apply"

Could someone please have a look at the Particulars of Claim below and a, let me know which documents I am entitled to request from to sols and b, How I can now respond since I've already apparently requested the wrong documents already

Particulars of Claim:

'The Claimant claims payment of the overdue balance due from the Defendant(s) under a contract between the Defendant(s) and <Alleged Original Creditor> dated on or about Aug 16 2011 and assigned to the Claimant on May 13 2015

Particulars a\c no <an account number>

DATE ITEM VALUE
28/09/2016 Default Balance aŁ1000
Post Refrl Cr NIL

TOTAL: aŁ1000'


In my CPR request, I asked for the following:
1. Contract
2. Assignment

Am I not entitled to request these documents?

Many thanks for any help on this

[Kati]

Re: CPR Request Denied

to LB [MENTION=93340]jellybelly2016[/MENTION] ... I've deleted your other thread to stop confusion and I'll tag [MENTION=55034]nemesis45[/MENTION] to pop along and help xx

[jellybelly2016]

Re: CPR Request Denied

That's great, many thanks

[nemesis45]

Re: CPR Request Denied

Apologies, I pposted this in the Welcome Forum by mistake...

Hi,

Many thanks to everyone on here for all the advice available. I was really stressing out until I did a lot of reading up on things...

I have a CC claim that I've made both the CCA (to the DCA) and CPR request (to the solicitor bringing the claim). The solicitors have replied with the following:

'The documents you have requested are not "mentioned' in our Particulars of Claim and therefore CPR 31.14(1) does not apply"

Could someone please have a look at the Particulars of Claim below and a, let me know which documents I am entitled to request from to sols and b, How I can now respond since I've already apparently requested the wrong documents already

Particulars of Claim:

'The Claimant claims payment of the overdue balance due from the Defendant(s) under a contract between the Defendant(s) and <Alleged Original Creditor> dated on or about Aug 16 2011 and assigned to the Claimant on May 13 2015

Particulars a\c no <an account number>

DATE ITEM VALUE
28/09/2016 Default Balance aŁ1000
Post Refrl Cr NIL

TOTAL: aŁ1000'


In my CPR request, I asked for the following:
1. Contract
2. Assignment

Am I not entitled to request these documents?

Many thanks for any help on this

Is this Restons?

The solicitors are being pedantic.

The " contract" is clearly mentioned, what's behind the " Assignment" part is that it refers to the contract between the creditor and the debt purchaser which is considered confidential what you need to ask for is the Notice of Assignment.

Send again!

[jellybelly2016]

Re: CPR Request Denied

Hi,

Thanks for the advice. It is Reston's, yes (am slightly paranoid about what info to give out on a public forum, am very new to all this) If I send exactly the same letter, won't they just respond again the same? Or will it be OK if I just send the same thing, only changing 'Assignment' to 'Notice of Assignment'?

Thanks Again

- - - Updated - - -

Could I also ask for the 'Default Notice' or have they been too vague about that in the Particulars?

[MIKE770]

Re: CPR Request Denied

you can only request documents mention in the N1 POC at this stage

[jellybelly2016]

Re: CPR Request Denied

Thanks. I'll get the letter off now.

[nemesis45]

Re: CPR Request Denied

Hi,

Thanks for the advice. It is Reston's, yes (am slightly paranoid about what info to give out on a public forum, am very new to all this) If I send exactly the same letter, won't they just respond again the same? Or will it be OK if I just send the same thing, only changing 'Assignment' to 'Notice of Assignment'?

Thanks Again

- - - Updated - - -

Could I also ask for the 'Default Notice' or have they been too vague about that in the Particulars?

Restons love being pedantic and pick holes in everything.

I would make a Formal Complaint to Nigel Petrie Coe the " solicitor " and director at Restons copy it the claimant and state the matter will be brought to the attention of the court.

nem

[jellybelly2016]

Re: CPR Request Denied

I see what you mean about their pedantry [MENTION=55034]nemesis45[/MENTION] I sent the CPR request again (changing 'Assignment' to 'Notice of Assignment'). They have, today, sent the below reply. Where do I go from here?

Thanks


'We acknowledge receipt of your letter dated 26 October 2016. We note its content is the same as your letter dated 20 October 2016.

We therefore enclose a further copy of our letter dated 24 October 2016 sent in response to your first letter. The position remains unchanged.

We trust this clarifies matters.'

[Diana M]

Re: CPR Request Denied

I'm not sure what all the fuss is about

You've received a county court claim for an account which the POC say was opened in 2011 (is that date accurate?)

You've sent a CCA Request which can only be a good thing although since the account was opened after April 2007 (if it was) this may limit your legal arguments.

You've sent a CPR 31.14 Request to the solicitors. They don't accept that they have to comply with some of your request. They say that is their "position". Fair enough. You made your Request and nothing is gained by repeating yourself. And nothing is gained by making complaints to the solicitors either. In fact that may only serve to make matters worse.

Some people will tell you that you're not entitled to ask to see the Deed of Assignment because it is "commercially sensitive". I disagree. Some people say that even if you are allowed to see the Deed of Assignment it will only be disclosed heavily redacted. I disagree with that too. The court has the power to order discosure if it sees fit. Sometimes it does.

So the answer to your question "where do I go from here?" has to be you have nothing to do.

Although I can't see any reference to you fiiling your AOS ( have you?).

The next thing you need to do after that is file your Defence. What is the Issue Date on the claim form? You have 33 days from that date to file your Defence (if you haven't done that already).

Who was the original creditor because that may give some clues as to how you can best defend this claim.

Was it a credit card, loan, bank overdraft, utility bill, mobile phone contract etc?

Di

[nemesis45]

Re: CPR Request Denied

I'm not sure what all the fuss is about

You've received a county court claim for an account which the POC say was opened in 2011 (is that date accurate?)

You've sent a CCA Request which can only be a good thing although since the account was opened after April 2007 (if it was) this may limit your legal arguments.

You've sent a CPR 31.14 Request to the solicitors. They don't accept that they have to comply with some of your request. They say that is their "position". Fair enough. You made your Request and nothing is gained by repeating yourself. And nothing is gained by making complaints to the solicitors either. In fact that may only serve to make matters worse.

Some people will tell you that you're not entitled to ask to see the Deed of Assignment because it is "commercially sensitive". I disagree. Some people say that even if you are allowed to see the Deed of Assignment it will only be disclosed heavily redacted. I disagree with that too. The court has the power to order discosure if it sees fit. Sometimes it does.

So the answer to your question "where do I go from here?" has to be you have nothing to do.

Although I can't see any reference to you fiiling your AOS ( have you?).

The next thing you need to do after that is file your Defence. What is the Issue Date on the claim form? You have 33 days from that date to file your Defence (if you haven't done that already).

Who was the original creditor because that may give some clues as to how you can best defend this claim.

Was it a credit card, loan, bank overdraft, utility bill, mobile phone contract etc?

Di

Disagree all you like Dianna M experience with the disclosure of Deeds Of Assignment rather than your " opinion" counts.

[Diana M]

Re: CPR Request Denied

Disagree all you like Dianna M experience with the disclosure of Deeds Of Assignment rather than your " opinion" counts.

I am speaking from experience.

Diana M

[jellybelly2016]

Re: CPR Request Denied

Hi Again,

Since the second CPR request was also denied I have now received a reply to my CCA request from the DCA (Cabot) stating that they do not have this information on file, they have requested them from the 'original lender', they hope to get it within 40 days etc (I've seen this letter talked about a few times).

My defence is due next week. I'm a bit lost as to what to do next. Salient points are:

- The solicitor (Reston) has denied my CPR 31.14 requests (2 of them as above)
- The DCA doesn't have a copy of this alleged CCA and has said getting it could take 40 days
- Defence is due in next week

Do I do something about asking either the solicitor or the DCA for an extension? Or do I just put in am 'embarrassed defence'? Or something else? Lost!

Many thanks for any help!

[nemesis45]

Re: CPR Request Denied

Hi Again,

Since the second CPR request was also denied I have now received a reply to my CCA request from the DCA (Cabot) stating that they do not have this information on file, they have requested them from the 'original lender', they hope to get it within 40 days etc (I've seen this letter talked about a few times).

My defence is due next week. I'm a bit lost as to what to do next. Salient points are:

- The solicitor (Reston) has denied my CPR 31.14 requests (2 of them as above)
- The DCA doesn't have a copy of this alleged CCA and has said getting it could take 40 days
- Defence is due in next week

Do I do something about asking either the solicitor or the DCA for an extension? Or do I just put in am 'embarrassed defence'? Or something else? Lost!

Many thanks for any help!

No need I think for an extension.
Cabots 40 days is a load of bowlocks and means Nothing, so make sure you respond to any court documents well within set timescales.

No Documents / agreement no enforcement so don't chase the CCA request. Their 40 days ploy can be used in your defence as well.

nem

[jellybelly2016]

Re: CPR Request Denied

That's great. Thanks. I'll start writing up my defence. Is it worth putting it in early or closer to the deadline?