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Hi There
My first post on here and in no way legally trained so please be patient. Contacted Bryan Carter and requested that they supply me with documents pursuant to CPR 31.14 using a template letter I found on this site.
Bryan Carter refused to comply using the usual " we expect this claim to be allocated to the small claims track" argument. I subsequently responded by pointing out that the claim had yet to be allocated a track and therefore they were in breach of 31.14.
Applied to the courts a couple of weeks later to set aside the claim unless the said documents were supplied, and the courts, despite having asked for the proceedings to be decided without a hearing have scheduled a hearing for the 20th August 2014. I spoke to a clerk at the courts and she advised me that it was the judges decision to have a hearing and that if I didn't attend my claim would likely be struck out !.
Unfortunately I have another pressing matter on that day, but one that would be unlikely to hold any sympathy with a judge with regards to an adjournment.
I thought it was a simple procedural issue and am confused as to why there needs to be a hearing.
Can anyone help .. i'm wondering whether I have just been badly advised by the court clerk or whether there is a genuine need for me to attend. The debt is for around £2K and all I have asked BK to supply is a copy of the credit agreement, default notice, and Law of property Act 1925 notice, that it refers to in the original summons. All I have asked the courts to do on N244 is to set aside the claim if BK do not comply with the CPR 31.14 request.
Would a letter to the judge asking whether it could be dealt with without a hearing suffice ?
Any advice greatly appreciated - incidentally I made this application at the end of April so a hearing in August when my original application is asking BK to comply within 7 days seems very generous !!
Charlie
My first post on here and in no way legally trained so please be patient. Contacted Bryan Carter and requested that they supply me with documents pursuant to CPR 31.14 using a template letter I found on this site.
Bryan Carter refused to comply using the usual " we expect this claim to be allocated to the small claims track" argument. I subsequently responded by pointing out that the claim had yet to be allocated a track and therefore they were in breach of 31.14.
Applied to the courts a couple of weeks later to set aside the claim unless the said documents were supplied, and the courts, despite having asked for the proceedings to be decided without a hearing have scheduled a hearing for the 20th August 2014. I spoke to a clerk at the courts and she advised me that it was the judges decision to have a hearing and that if I didn't attend my claim would likely be struck out !.
Unfortunately I have another pressing matter on that day, but one that would be unlikely to hold any sympathy with a judge with regards to an adjournment.
I thought it was a simple procedural issue and am confused as to why there needs to be a hearing.
Can anyone help .. i'm wondering whether I have just been badly advised by the court clerk or whether there is a genuine need for me to attend. The debt is for around £2K and all I have asked BK to supply is a copy of the credit agreement, default notice, and Law of property Act 1925 notice, that it refers to in the original summons. All I have asked the courts to do on N244 is to set aside the claim if BK do not comply with the CPR 31.14 request.
Would a letter to the judge asking whether it could be dealt with without a hearing suffice ?
Any advice greatly appreciated - incidentally I made this application at the end of April so a hearing in August when my original application is asking BK to comply within 7 days seems very generous !!
Charlie
