Advice for a Claim Form from Lowells, not British

[jaguarsuk]

I can't request a SAR nor a CCA REQUEST to the CLAIMANT

but I can send a CPR REQUEST to the CLAIMANT’S SOLICITORS, is it correct?

You can send an SAR to the claimant, but you should also do the same to Three. These have 40 days to comply and so it's unlikely you'll get everything before your defence deadline.

Yes, you can send a CPR 31.14 request to their solicitor.

[Iras]

I'm not sure you can do both.

If you contest jurisdiction you're telling the court that they've no legal authority to deal with the claim.

If that's the case then how can you simultaneously tell them you intend to defend the claim in their court (if you follow my logic).

We recently dealt with a set aside application for someone who said they contested jurisdiction (on the AOS) but the Claimant obtained a Default Judgment because they hadn't file a Defence when the court should have proceeded to a Hearing to decide on the jurisdiction issue first.

Di

Well I'm not totally aware, but following you can see what is written in the "Acknowledgment of Service - Summary & Statement of Truth". Capture.PNG

[Iras]

The OP has already filed the Acknowledgment of Service stating their intention to defend all of the claim.

They've also ticked the box to contest jurisdiction.

Exactly what I did! There where the option to tick a box in order to contest jurisdiction.

[Iras]

Yes, you can send a CPR 31.14 request to their solicitor.

So, now other than being able to send a CPR what else should I do?
Shoud I start my defence on moneyclaim.gov.uk?
Should I use the the example provided on legalbeagles?
https://legalbeagles.info/library/gu...-court-claims/


Sorry, but first time and don't want to mess up

[jaguarsuk]

So, now other than being able to send a CPR what else should I do?
Shoud I start my defence on moneyclaim.gov.uk?
Should I use the the example provided on legalbeagles?
https://legalbeagles.info/library/gu...-court-claims/


Sorry, but first time and don't want to mess up

You can't start your defence until you know what if anything the CPR 31.14 request returns.

[warwick65]

You can't start your defence until you know what if anything the CPR 31.14 request returns.

Do not delay your defence because nothing has turned up. You need to follow the court timeline which is 33 days from the date on the claim form for filing a defence.

You nay have to start your defence if they do not send anything

[jaguarsuk]

Do not delay your defence because nothing has turned up. You need to follow the court timeline which is 33 days from the date on the claim form for filing a defence.

You nay have to start your defence if they do not send anything

They haven't even sent the CPR 31.14 yet and have until the 5th March 2018 (33rd day falls on a Sunday) to file, personally I'd get on with the sending of the request and SAR's before worrying about my defence at this stage.

[warwick65]

My point was
You said you can not file a defence without a response to a car 31.14 request - that is false and possibly misleading information which could land the OP with a default judgement

Technically it's 4pm on Monday 5th March for filing a defence

[jaguarsuk]

My point was
You said you can not file a defence without a response to a car 31.14 request - that is false and possibly misleading information which could land the OP with a default judgement

Technically it's 4pm on Monday 5th March for filing a defence

No, that is false. I said

You can't start your defence until you know what if anything the CPR 31.14 request returns.

Obviously they can if they want, but I wouldn't.

The loss of 9 days to the 22nd of February (2 working days deemed service plus the 7 calendar days response from today) while awaiting a response of the 31.14 request will neither harm the OP or lead to a default judgement therefore suggesting they wait isn't misleading. The OP will still have 11 calendar days to compile and file their defence.

If the OP didn't have so much time to file I would agree with you, but there's no need to rush anything IMHO. More haste, less speed is sometimes a more efficient use of time.

[MIKE770]

start your defence and amend it to the situation 48 hrs before due to submit, do not send it in earlier, no CPR etc then you mention in defence i.e.:-Â* on xxxÂ* Â*xxx date I requested CPR31.14 or whatever and no response received in regards of request, do not worry as most do not respond but later in court stage they can be ordered by Judge to supply id necessary, also send RECORDED DELIVERY and keep copy of all request and receipts.

[Diana M]

Exactly what I did! There where the option to tick a box in order to contest jurisdiction.

Since you ticked the box to contest jurisdiction you will need to follow the legal procedure for that which is explained here (i.e. an Application within 14 days) if that is your intention >

https://www.justice.gov.uk/courts/pr...es/part11#11.1


My earlier point was you can't do both things (Defend and contest jurisdiction) at the same time.

Either you want the court to decide that you owe the money to the Claimant (or not) or you want the court to consider your dispute that they (the court) have no right to try this claim so they can't make that decision (whether you owe the money or not).

You can call NCCBC for clarification of the next steps now that you have filed your AOS.

Di

[Iras]

Either you want the court to decide that you owe the money to the Claimant (or not) or you want the court to consider your dispute that they (the court) have no right to try this claim so they can't make that decision (whether you owe the money or not).

Thanks for the clarification. From your point of view, which one of the two would you advice on?

[Iras]

Ok, I've sent the CPR, hopefully it will reach the UK in time.

Just last question, based on the clarification made by Diana M , which way should I undertake, Defend or Contest Jurisdiction?
Which way, given my situation, should give me more chances?


Thanks everyone for the info.

[Iras]

Hello, anyone willing to give me some advice on which route would be better?

Thanks again

[warwick65]

Not something I feel comfortable doing but didn't you say you have already acknowledged the claim and ticked both?