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Thread: URGENT HELP PLEASE CPR 31.14 request non compliance

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  1. #1
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    Default URGENT HELP PLEASE CPR 31.14 request non compliance

    Received CCJ Claim form issue date 1 Feb, received 3rd Feb. Sent CPR 31.14 to both claimant and solicitors on 10th February by recorded delivery and were signed for on 14th February but have received no response. My defence needs to be in by next Monday. Do I send them a reminder and is there a template for this or what do I do now?

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    Default Re: URGENT HELP PLEASE CPR 31.14 request non compliance

    Help now mega urgent!!

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    Default Re: URGENT HELP PLEASE CPR 31.14 request non compliance

    Hi repunzel

    What is the claim for? (Credit card, loan, utility bill, mobile phone bill etc).
    Approx how much is being claimed?
    Could you post up the Particulars of Claim, your CPR request & the name of the Claimant & their legal rep (if applicable).
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    Default Re: URGENT HELP PLEASE CPR 31.14 request non compliance

    So so appreciate your help.


    I think I attached CCJ. New to this!! Cannot post CPR request as on computer at home but standard one used from here. Deadline is Monday, what to do now?
    Attached Images Attached Images
    Last edited by Amethyst; 2nd March 2017 at 09:52:AM.

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    Default Re: URGENT HELP PLEASE CPR 31.14 request non compliance

    You might want to redact the claim no. & password from the posted claim form.

    I'm guessing either a loan or a credit card; could you confirm, & if so, which?

    If so, have you sent a CCA request to the Claimant?

    & a SAR to the original creditor?
    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

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    Default Re: URGENT HELP PLEASE CPR 31.14 request non compliance

    Quote Originally Posted by repunzel223 View Post
    Received CCJ Claim form issue date 1 Feb, received 3rd Feb. Sent CPR 31.14 to both claimant and solicitors on 10th February by recorded delivery and were signed for on 14th February but have received no response. My defence needs to be in by next Monday. Do I send them a reminder and is there a template for this or what do I do now?
    It appears you only sent a CPR 31.14 Request but not a Section 77-79 CCA Request.

    If that's the case you should send the CCA Request to the Claimant (with a copy to their solicitors) immediately.

    This forum has a template > http://legalbeagles.info/forums/show...=7670#post7670

    Di
    I am a Litigation Executive at Joanna Connolly Solicitors a firm which specializes in consumer credit. Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

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    Default Re: URGENT HELP PLEASE CPR 31.14 request non compliance

    No, not CCA request or SAR to original creditor to date. So what do I do? Surely they should have responded to CPR request in any event.

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    Default Re: URGENT HELP PLEASE CPR 31.14 request non compliance

    If this is the case and my defence is due on Monday, what do I do?

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    Default Re: URGENT HELP PLEASE CPR 31.14 request non compliance

    Send the CCA request per @Diana M's post above.
    & @Amethyst's post below

    Tweak the defence example (top of thread) to say 'CCA (s77-79) request sent to Claimant (date) & awaiting reply'

    Send SAR.
    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

  10. #10
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    Default Re: URGENT HELP PLEASE CPR 31.14 request non compliance

    Get a CCA request sent off now to Cabot - http://legalbeagles.info/forums/show...y-of-Agreement - , and adapt the standard defence to suit - yes they should have responded to the CPR request they have mentioned the default notice, notice of assignment, contract and terms so have no reason to avoid complying with the request. there's a starting point for your defence http://legalbeagles.info/forums/show...t-Court-Claims

    Are there any specific issues you have had with the debt previously ? Do you know if it was a c/card/loan / overdraft at all ?
    “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

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

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    Default Re: URGENT HELP PLEASE CPR 31.14 request non compliance

    A bank loan, so appreciate all your help.

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    Default Re: URGENT HELP PLEASE CPR 31.14 request non compliance

    I know from recent experience just how daunting it is to receive a claim but by following the advice here you will get great help

    AS everyone else has said, CCA request today and try to get you defence in by tomorrow late on- just in case ( when my claim arrived the system went down over the weekend)

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    Default Re: URGENT HELP PLEASE CPR 31.14 request non compliance

    Bearing in mind I am only just sending CCA request, can I use this in my defence. Do I have attach all documentary evidence and recorded delivery proof.

    11. 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.

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    Default Re: URGENT HELP PLEASE CPR 31.14 request non compliance

    Quote Originally Posted by repunzel223 View Post
    Bearing in mind I am only just sending CCA request, can I use this in my defence.

    Yes

    Do I have attach all documentary evidence and recorded delivery proof.

    No

    11. 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.
    Just say that you sent a CCA ss77-79 request on (date) & that you are awaiting for the Claimant to respond
    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

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    Default Re: URGENT HELP PLEASE CPR 31.14 request non compliance

    Quote Originally Posted by repunzel223 View Post
    Bearing in mind I am only just sending CCA request, can I use this in my defence. Do I have attach all documentary evidence and recorded delivery proof.

    11. 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.
    As someone said to me, the defence is relatively brief, War and Peace comes in the witness statement

    Remember you can submit your defence online or by email

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    Default Re: URGENT HELP PLEASE CPR 31.14 request non compliance

    ccmcce-filing@hmcts.gsi.gov.uk

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    Default Re: URGENT HELP PLEASE CPR 31.14 request non compliance

    Just as an addendum, the alleged loan was in joint names, why just pursue myself

  18. #18
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    Default Re: URGENT HELP PLEASE CPR 31.14 request non compliance

    Quote Originally Posted by repunzel223 View Post
    the alleged loan was in joint names, why just pursue myself
    That's a good question.

    If it was a joint loan then the creditor should have served all the required statutory notices on both of you.

    Di
    I am a Litigation Executive at Joanna Connolly Solicitors a firm which specializes in consumer credit. Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

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    Default Re: URGENT HELP PLEASE CPR 31.14 request non compliance

    That's what I though, so I do I add this into my defence. It was defo joint

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    Default Re: URGENT HELP PLEASE CPR 31.14 request non compliance

    How do I stand with this?

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    Default Re: URGENT HELP PLEASE CPR 31.14 request non compliance

    Quote Originally Posted by repunzel223 View Post
    Just as an addendum, the alleged loan was in joint names, why just pursue myself
    Because they are thick.

    https://consumercreditlitigationandd...iminary-stage/

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    Default Re: URGENT HELP PLEASE CPR 31.14 request non compliance

    Defence submitted, thank you for all your help. What happens now then please?

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    Default Re: URGENT HELP PLEASE CPR 31.14 request non compliance

    I believe you know wait for the claimant to respond. They have, I think 28 days to do so otherwise the case is stayed which means they would need to pay a fee and ask permission to life the stay.

    From what I have read though, these applications are frequently granted although I do not know if that is because they go unopposed

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    Default Re: URGENT HELP PLEASE CPR 31.14 request non compliance

    Yes, received HMRC letter, Clamant has 28 days to respond, bearing in mind they didn't answer CPR 31.14 request what is likelihood of what will happen now?

  25. #25
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    Default Re: URGENT HELP PLEASE CPR 31.14 request non compliance

    Sorry can't help you more. I am in a similar position as i am about to lodge my defence

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