• Welcome to the LegalBeagles Consumer and Legal Forum.
    Please Register to get the most out of the forum. Registration is free and only needs a username and email address.
    REGISTER
    Please do not post your full name, reference numbers or any identifiable details on the forum.

Restons Solicitors & ME III Ltd

Collapse
Loading...
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • #31
    Re: Reston County Court Claim

    It is extremely unlikely that the claimant would try to charge a LIP for the production of the documentation but without your undertaking to pay you wouldn't be successful if you had to make an application.
    I personally cannot see how it is a requirement for that wording to be included otherwise your right for disclosure is lost. What if the disclosure is made by email, are they entitled to scanning costs and email costs, and if so how does that work out?
    The CPR does not specifically state that it must be mentioned when making a request for disclosure, just that they undertake to pay. The undertaking could even be made after the other side have calculated their reasonable copying costs after some negotiation - so it does not need to be in the initial letter.

    If we are being a stickler here, the letter doesn't stipulate how the copies are to be made, there could be disclosure by email and therefore no costs will arise out of this - no losses for ink or paper and i'd love to hear how you can claim costs on scanning or emailing a document when that function is already built into the printer itself!

    Equally the fact that the letter is titled request for documents under CPR 31.14, could be inferred as saying that the person requesting the documents is aware that reasonable copying costs are applicable and already agreed when sending the letter. If they disagreed, then they wouldn't have sent the letter in the first place.

    Its the equivalent of saying that a claim must be struck out because the particulars of claim refers to fraudulent misrepresentation and not the proper term, tort of deceit - things like that are a nonsense. Even if someone could argue something as silly as that, the OP could simply say on the day that they undertake to pay copying costs, or alternatively request no costs are required if sent by email.

    At the very best, its a minor, minor procedural error which can be easily corrected so its not fatal to any application and there are far worse breaches in which relief has been granted such as cases not being struck out where trial bundles have not been served or the incorrect fees have been paid.

    @xxjennxx Just reference the Agreement (account number XXXX). For ME II to legally sue you, the agreement must have been legally assigned to them and it is a requirement for you to be notified of such an assignment. A formal demand I am presuming is a demand to pay the outstanding balance.
    If you have a question about the voluntary termination process, please read this guide first, as it should have all the answers you need. Please do not hijack another person's thread as I will not respond to you
    - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
    LEGAL DISCLAIMER
    Please be aware that this is a public forum and is therefore accessible to anyone. The content I post on this forum is not intended to be legal advice nor does it establish any client-lawyer type relationship between you and me. Therefore any use of my content is at your own risk and I cannot be held responsible in any way. It is always recommended that you seek independent legal advice.

    Comment


    • #32
      Re: Reston County Court Claim

      I can see your point but one has to be acutely aware of the potential for a DJ to say "rules is rules" when deciding whether a CPR (such as 31.15 (c)) has been complied with.

      I expect one could argue what is a "reasonable" cost to provide the copies to the requesting party in this modern day and age.

      I would definitely challenge any invoice which included the cost of a drone to deliver the relevant documents to my office

      Di

      Comment


      • #33
        Re: Reston County Court Claim

        Thanks R0b do I need to write again to ME III as they haven't replied to my CPR letter or cashed the cheque

        Comment


        • #34
          Re: Reston County Court Claim

          Originally posted by xxjennxx View Post
          Can someone help me with the wording in a paragraph for the CPR 31.14 the template says the following

          To enable me to file my defence, I require inspection of documents you mention in your statement of case ahead of filing my defence

          1. Agreement/contract
          2. default notice
          3. assignment
          4. formal demand

          The reason I ask is that on the claim form the particulars of claim don't really explain anything as mentioned in an above reply it says
          Date: 06.07.16
          Item: Default balance
          Value: £992.43
          Post Refrl Cr NIL
          Total: £992.43

          They have put the account number so do I just ask for the agreement/contract for the account number and put the date it defaulted? I don't understand what assignment or formal demand is

          I also haven't heard back from ME III and they still haven't cashed the cheque, my sister posted the them special delivery whilst I was on holiday but didn't keep the info!!! Shall I send them another letter and cheque and cancel the other one?
          CPR 31.14 is for the documents specifically mentioned in the POC nothing else.

          nem

          Comment


          • #35
            Re: Reston County Court Claim

            [MENTION=42011]Nem[/MENTION] I have just re read the POC and it says the following

            The claimant claims payment of the overdue balance from the Defendant under a contract between the defendant and argos card services dated on or about Nov 02 2006 and assigned to the claimant on June 24 2016

            I never received anything from Argos to tell me they had passed the debt on to ME III in June 2016 and how can they say the contract dated on or about Nov 2006 surely they should know when I took the contract out?

            Comment


            • #36
              Re: Reston County Court Claim

              Can someone help me with my defence?

              ME III have not replied within 12 days to the CPR sent on 19.08.16 I have the recorded delivery receipt when checked to see if they've received it they signed it Cabot!

              CPR 31:14 has been recieved by Restons on the 08.09.16

              please help

              Comment


              • #37
                Re: Reston County Court Claim

                I have filled in the defence template I have queries in red
                [MENTION=55034]nemesis45[/MENTION] can you help?
                Attached Files

                Comment


                • #38
                  County Court Defence Help

                  Starting a new thread as advised in the template section

                  I have sent out the CCA and CPR 31.14 via special delivery both parties have received and not replied within the time frame.

                  I have filled int he defence template which I have attached. I have made comments in red forgot

                  Can I just print this off and attach it to the N9B section of the claim form?

                  If anyone can help me today it would be much appreciated
                  Attached Files

                  Comment


                  • #39
                    Re: Reston County Court Claim

                    Hiya xx

                    You've made a great start there.

                    Paragraph 5 - as it does state the opening date of the agreement you can remove that paragraph.

                    Paragraph 8 - do you mean you only put that as a reference when you sent your CPR 31.14 request ?

                    Paragraph 12 - probably a little late now for negotiating an extension so just remove paragraph 12 completely

                    Does that help?

                    Sharon xxx
                    #staysafestayhome

                    Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                    Received a Court Claim? Read >>>>> First Steps

                    Comment


                    • #40
                      Re: Reston County Court Claim

                      Thanks Sharon

                      They didn't mention any documents in the particulars just the account number and the following

                      Date: 06.07.16
                      Item: Default balance
                      Value: £992.43
                      Post Refrl Cr NIL
                      Total: £992.43

                      I asked in this thread if I need to put anything other than the account number

                      Comment


                      • #41
                        Restons reply CPR 31.14

                        I've had a reply from Restons regarding the CPR 31.14 request and I don't understand it. I submitted the NB9 defence form to the courts at the beginning of the week and had a reply from the court today to. I have attached both letters.

                        basically Restons are telling me all the info I needed was in the claim and that the terms and conditions were supplied to me when I originally opened the account!

                        whats my next course of action?
                        Attached Files

                        Comment


                        • #42
                          Re: Restons reply CPR 31.14

                          Hi

                          The court letter doesn't enlarge for me when I click on to it.
                          CAVEAT LECTOR

                          This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

                          You and I do not see things as they are. We see things as we are.
                          Cohen, Herb


                          There is danger when a man throws his tongue into high gear before he
                          gets his brain a-going.
                          Phelps, C. C.


                          "They couldn't hit an elephant at this distance!"
                          The last words of John Sedgwick

                          Comment


                          • #43
                            Re: Restons reply CPR 31.14

                            Originally posted by charitynjw View Post
                            Hi

                            The court letter doesn't enlarge for me when I click on to it.
                            ive uploaded again
                            Attached Files

                            Comment


                            • #44
                              Re: Restons reply CPR 31.14

                              Reston's letter.

                              Usual templated tosh, but as you can only ask for the documents on the Particulars of Claim, which you haven't posted, it's not really possible to comment further.

                              Court letter.

                              You have already submitted your defence........on what basis?

                              Other matters.

                              As this claim appears to be for an Argos credit debt, have you submitted a CCA s78 request to the Claimant (ME III Limited)?
                              CAVEAT LECTOR

                              This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

                              You and I do not see things as they are. We see things as we are.
                              Cohen, Herb


                              There is danger when a man throws his tongue into high gear before he
                              gets his brain a-going.
                              Phelps, C. C.


                              "They couldn't hit an elephant at this distance!"
                              The last words of John Sedgwick

                              Comment


                              • #45
                                Re: Restons reply CPR 31.14

                                Originally posted by charitynjw View Post
                                Reston's letter.

                                Usual templated tosh, but as you can only ask for the documents on the Particulars of Claim, which you haven't posted, it's not really possible to comment further.

                                Court letter.

                                You have already submitted your defence........on what basis?

                                Other matters.

                                As this claim appears to be for an Argos credit debt, have you submitted a CCA s78 request to the Claimant (ME III Limited)?
                                i have attached the particulars

                                I have sent a CCA s78 request to ME III on 19th August along with £1 cheque and not had a reply!

                                I haven't acknowledged the claim
                                Attached Files

                                Comment

                                View our Terms and Conditions

                                LegalBeagles Group uses cookies to enhance your browsing experience and to create a secure and effective website. By using this website, you are consenting to such use.To find out more and learn how to manage cookies please read our Cookie and Privacy Policy.

                                If you would like to opt in, or out, of receiving news and marketing from LegalBeagles Group Ltd you can amend your settings at any time here.


                                If you would like to cancel your registration please Contact Us. We will delete your user details on request, however, any previously posted user content will remain on the site with your username removed and 'Guest' inserted.

                                Announcement

                                Collapse

                                Support LegalBeagles


                                Donate with PayPal button

                                LegalBeagles is a free forum, founded in May 2007, providing legal guidance and support to consumers and SME's across a range of legal areas.

                                See more
                                See less

                                Court Claim ?

                                Guides and Letters
                                Loading...



                                Search and Compare fixed fee legal services and find a solicitor near you.

                                Find a Law Firm


                                Working...
                                X