Hi all
I have received a Claim form and response pack last Friday and have been reading your site over the weekend. I have completed the AOS and will send this off today. To maximise the time I have to prepare my defence, I want to get the CPR Request to the claimants solicitor today however I have a couple of questions:
Your CPR instructions/template says:
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.
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
The claim form does not however list any documents
The particulars of claim just states: 1. Monies payable by the defendant to the claimant for professional services rendered plus debt collection costs. Particulars of which have been supplied to the Defendant. 2. The claimant also claims a further sum of X in respect of interest pursuant S69 County Court Act 1984 at the rate of 8.00 % from XX/XX/XXXX to the date hereof X days together with late payment compensation pursuant to the above act in the sum of £40. 3. The Claimant also claims statutory interest at the above daily rate of £0.13 from the date hereof to payment or judgment whichever is the sooner. 4. Costs
As it doesn't list any documents (and this isn't a Credit agreement case e.g credit card etc), so what should I put on the CPR Request to ensure they send me ALL of the documents they will be relying on?
I will fill in the standard template for a new case, is it really necessary to fill in the exact claimant name/amount/etc (in case the claimants solicitor reads these forums?)
Thanks in advance for any/all information you can provide - it is much appreciated!
Rosie65
I have received a Claim form and response pack last Friday and have been reading your site over the weekend. I have completed the AOS and will send this off today. To maximise the time I have to prepare my defence, I want to get the CPR Request to the claimants solicitor today however I have a couple of questions:
Your CPR instructions/template says:
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.
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
The claim form does not however list any documents
The particulars of claim just states: 1. Monies payable by the defendant to the claimant for professional services rendered plus debt collection costs. Particulars of which have been supplied to the Defendant. 2. The claimant also claims a further sum of X in respect of interest pursuant S69 County Court Act 1984 at the rate of 8.00 % from XX/XX/XXXX to the date hereof X days together with late payment compensation pursuant to the above act in the sum of £40. 3. The Claimant also claims statutory interest at the above daily rate of £0.13 from the date hereof to payment or judgment whichever is the sooner. 4. Costs
As it doesn't list any documents (and this isn't a Credit agreement case e.g credit card etc), so what should I put on the CPR Request to ensure they send me ALL of the documents they will be relying on?
I will fill in the standard template for a new case, is it really necessary to fill in the exact claimant name/amount/etc (in case the claimants solicitor reads these forums?)
Thanks in advance for any/all information you can provide - it is much appreciated!
Rosie65
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