Please help! County court letter received.

[scoey1001]

Please can anyone help?

[jaguarsuk]

Hi Scoey

I would wait and see what the Solicitors come back with, then you'll be able to decide what to do.

[scoey1001]

Hi Scoey

I would wait and see what the Solicitors come back with, then you'll be able to decide what to do.

Hi thanks for the reply.

I only have until the 11th Feb to respond. If as i suspect they will not reply to my CPR 34.14 form, what is my response?

[jaguarsuk]

Did you send the 31.14 request on the 12th as stated on earlier in the thread?

[jaguarsuk]

If you did send it on the 12th, send this letter off to the solicitors now. I'd send it next day delivery personally to ensure they get it tomorrow, but 1st Class is fine.

Dear Sirs

Reference: Vodafone –v- [Defendants Name] Claim No: [Number]

On [DATE] I wrote to you with a request under Civil Procedure Rules Part 31.14 in relation to the above matter.

It is deemed by the courts that correspondence is served if sent by Royal Mail First Class Standard Postage two calendar days from the date of posting and the Civil Rules Procedure Part 31.14 request allows you a further seven calendar days to comply.

I am disappointed that 15 days after the deemed date of service you are yet to comply with the request or correspond with me regards an extension of the time allowed for me to file my defence as allowed under CPR 15.5.

Please confirm to me in writing and serve the court a copy of your confirmation no later than 4pm on 5^th February 2018 your agreement to extend the time allowed for me to file my defence until such time as you are able to provide the documents I have requested in conjunction with under CPR 15.5.

Alternatively I confirm that should you withdraw the matter at this stage I will not pursue you for my costs of and occasioned in dealing with this matter.

Yours sincerely



[Defendant]

[jaguarsuk]

And you seem very worried which is understandable if you're unfamiliar with these things, so I have knocked together a skeleton defence based on them not responding to put your mind at rest. Attached for you to amend if they don't send the documents.

1. I received the claim [Claim Number] from the Northampton County Court on 11/01/2018.

2. Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.

3. The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim.

4. The Claimant’s Particulars of Claim fail to state when the non regulated agreement was entered into.

5. The Claimants statement of case states that the account was assigned from Vodafone to Lowell Portfolio on 11/04/2014. The Defendant does not recall receiving notice of this assignment.

6. It is denied that Vodafone served any Default notice on the Defendant. The Claimant is required to prove that a compliant Default Notice was served upon the Defendant.

7. On the [Date] I sent a request for inspection of documents mentioned in the claimant’s statement of case under Civil Procedure Rule 31.14 to BW Legal. I requested the Claimant provide copies of the [Agreement, Default Notice and Notice of Assignment].

8. BW Legal have not sent any of these documents to me.

9. I have asked the Claimant if we may agree to extend the time period allowed for filing of my defence pending receipt of documents (as allowed under CPR 15.5), but they have declined.

10. Under Civil Procedure Rule 16.5 (4) Where the claim includes a money claim, a defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation. Therefore, it is expected that the Claimant be required to prove the allegation that the money is owed as claimed.

11. I request the court orders the Claimants to provide the necessary documentation in order for me to fully plead my case else the Claim should stand struck out.

12. In the event that the relevant documents are received from the Claimants I will then be in a position to amend my defence, and would ask that the Claimants bear the costs of the amendment.

13. It is denied that the Claimant is entitled to the relief as claimed or at all.

Statement of Truth

The Defendant believes that the facts stated in this Defence are true.

Signed ________________________________

Dated ________________________________

[scoey1001]

If you did send it on the 12th, send this letter off to the solicitors now. I'd send it next day delivery personally to ensure they get it tomorrow, but 1st Class is fine.

Thanks Jaguars.

Yes i sent the letter on the 12th but was second class recorded. It didn't get there until the 16th.

Should i still send you letter but amend to say 14 days after date of service they have not responded?

[jaguarsuk]

Yes, they have had it for 14 and the time allowed is 7 days. They either need to get their finger out, agree to an extension or discontinue. Send the letter as below.

They'll probably ignore the letter in all honesty, but then you just file a defence and let the court crack on.

If they agree to an extension then they should propose a time period up to 28 days further and under CPR 15.5 it is your responsibility to let the court know an extension has been agreed, so don't assume just because we have asked that they'll serve the court. You'll need to serve the court to ensure they know and comply with the rules.

Dear Sirs

Reference: Vodafone –v- [Defendants Name] Claim No: [Number]

On 12/01/2018 I wrote to you with a request under Civil Procedure Rules Part 31.14 in relation to the above matter.

I sent the request to you by Royal Mail Recorded Delivery 2nd Class and it was signed for on 16/01/2017, the Civil Procedure Rules Part 31.14 request allows you a further seven calendar days to comply.

I am disappointed that 14 days have now passed and you are yet to comply with the request or correspond with me regards an extension of the time allowed for me to file my defence as allowed under CPR 15.5.

Please confirm to me in writing and serve the court a copy of your confirmation no later than 4pm on 5^th February 2018 your agreement to extend the time allowed for me to file my defence in conjunction with under CPR 15.5.

Alternatively I confirm that should you withdraw the matter at this stage I will not pursue you for my costs of and occasioned in dealing with this matter.

Yours sincerely



[Defendant]

[scoey1001]

Yes, they have had it for 14 and the time allowed is 7 days. They either need to get their finger out, agree to an extension or discontinue. Send the letter as below.

They'll probably ignore the letter in all honesty, but then you just file a defence and let the court crack on.

If they agree to an extension then they should propose a time period up to 28 days further and under CPR 15.5 it is your responsibility to let the court know an extension has been agreed, so don't assume just because we have asked that they'll serve the court. You'll need to serve the court to ensure they know and comply with the rules.

Thanks for your help.

I will send the letter this afternoon and keep you updated!

[jaguarsuk]

I have put Vodfone in the letter it should be "Reference: Lowell Portfolio –v- [Defendants Name] Claim No: [Number]

[scoey1001]

I have put Vodfone in the letter it should be "Reference: Lowell Portfolio –v- [Defendants Name] Claim No: [Number]

No worries i did pick that up and amend it.

Also as per 34.14 i used the Lowell portfolio address on the letter but will send it to BW legal. Hope this is correct.

If Lowell do in fact have the correct documents will they just submit them to the court who will find in their favour?

[jaguarsuk]

You should have sent the 31.14 to BW Legal at the address on the Claim form and should send this letter to them at the same one as that's the address they have stated for service.

What's the address you're using?

[scoey1001]

You should have sent the 31.14 to BW Legal at the address on the Claim form and should send this letter to them at the same one as that's the address they have stated for service.

What's the address you're using?

Yes i have sent to BW Legal, Enterprise House, 1 Apex View, Leeds, LS11 9BH.

This is listed as 'address for sending documents and payments (if different)

[jaguarsuk]

That's fine and where the letter goes too.

If you receive nothing back by 5th Feb then it's finalise a defence and send off to court.

[scoey1001]

That's fine and where the letter goes too.

If you receive nothing back by 5th Feb then it's finalise a defence and send off to court.

Hi Jaguars,

The follow up letter was signed for on the 01/02. Should i now issue the defence letter you drafted me? or should i give it another couple of days?

Also when filing the defence what else do i attach? copies of the requests and proof they have been signed for i take it?

Thanks