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Help - Completing CPR Request

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  • Help - Completing CPR Request

    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


    Tags: None

  • #2
    Re: Help - Completing CPR Request

    Can anyone advise what should go on the CPR request please? Thanks!

    Comment


    • #3
      Re: Help - Completing CPR Request

      Hi Rosie,

      It would be helpful to give us some background information to your claim before we can really assist you.

      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.
      Were the above professional services done by a company or sole trader or some other business type? Further to that, did you receive a letter before action and if so, on what date was this sent/received?
      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
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      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

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      SHORTCUTS


      First Steps
      Check dates
      Income/Expenditure
      Acknowledge Claim
      CCA Request
      CPR 31.14 Request
      Subject Access Request Letter
      Example Defence
      Set Aside Application
      Directions Questionnaire



      If you received a court claim and would like some help and support dealing with it, please read the first steps and make a new thread in the forum with as much information as you can.





      NOTE: If you receive a court claim note these dates in your calendar ...
      Acknowledge Claim - within 14 days from Service

      Defend Claim - within 28 days from Service (IF you acknowledged in time)

      If you fail to Acknowledge the claim you may have a default judgment awarded against you, likewise, if you fail to enter your defence within 28 days from Service.




      We now feature a number of specialist consumer credit debt solicitors on our sister site, JustBeagle.com
      If your case is over £10,000 or particularly complex it may be worth a chat with a solicitor, often they will be able to help on a fixed fee or CFA (no win, no fee) basis.
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