Failed to send document’s after CPR 31-14

[dennisdugong]

Hi
I am new to this forum and looking for help please!!!

A brief overview of my position.

18th Oct received a Claim Form from Northampton Court from IND Ltd.

The Claimant is the Assignee of a debt(s)[/font]
From Lloyds TSB bank plc. Notice of Assignment was provided to the defendant by the Claimant in writing. Despite demand for payment The Claimant complied with Section lll and lV and Annex B of the PD Pre-Action Conduct.
And the Claimant Claims:
Credit Card account number xxxxxxxxxxxxxx
Balance of xxxxxx as of 7/8/07
Act 1984 at the rate of 8% a year from 7/8/07
To the 18/10/11 of xxxx and also interest at the same rate up to the date of judgment
Or earlier payment at a daily of 2.41 AND Costs
Amount Claimed xxxxx
Court Fee 190.00
Solicitor's costs 100.00
Total amount xxxxx

This is the first time I have heard from these people so I was a bit shocked.

Have responded to the summons online and said I will be defending.
Also sent a CPR 31-14 recorded post [/font]
Plus a section 78 with £1 postal order which Ind has received.

Had a reply back on 27th Oct with regard to my CPR 31-14 request and basically they are saying that as this case will more than likely be allocated to the small claims track.
It is illogical and contrary to the overriding objective for CPR 31 to apply between issue and allocation to the small claims track.[/font]
As this has not been allocated yet to any track and I have not submitted a defence my understanding is that a CPR 31-14 is enforceable.
My question is how do I proceed now do I submit an N244?
Can anybody help please
Regards Denn

[Guest]

Re: Failed to send document’s after CPR 31-14

Hi and welcome

Why would they presume that this claim will be allocated to the small claim track?

It is over K5 isnt it?

Peter

[dennisdugong]

Re: Failed to send document’s after CPR 31-14

Hi Peter
Yes its 15k
The only reason I can think of for their reluctance in not complying with our 31-14 is that they do not have the paper work requested.
The funny thing is I thought you had to have the paper work before applying for the claim form.
But all this is still not helping me on my next move.
Regards Denn

[teaboy2]

Re: Failed to send document’s after CPR 31-14

Heres what you do next:

Defence

1. I, XXX am the Defendant in this action and make the following statement as my defence to the claim made by Varde Investments Ltd.

2. Except where otherwise mentioned in this defence, I neither admit nor deny any allegation made in the Claimants' Particulars of Claim and put the Claimant to strict proof thereof.

3. The Defendant is embarrassed in pleading to the Particulars of Claim as it stands at present, inter alia:-

4. The Claimants' particulars of claims disclose no legal cause of action and they are embarrassing to the Defendant as the Claimant's statement of case is insufficiently particularised and does not comply or even attempt to comply with CPR part 16. In this regard I wish to draw the Court’s attention to the following matters:
A copy of the purported written contracts that the Claimant cited in the Particulars of Claim, and which appears to form the basis upon which these proceedings have been brought, has not been served attached to the claim.

5. On (Enter date you posted the cpr31-14 request) the Defendant submitted requests under CPR rules via First Class Recorded Delivery for copies of the agreements, copies of all statements since inception of the accounts, in order to assess if the sum claimed is accurate and any other documentation that the Claimant is relying upon in pursuit of this claim. The claimant did not respond
.
On 17th August 2011 the Defendant submitted a written request by email for an extension to file his defence to the Claimants solicitors. The Claimant did not respond.

6. I respectfully ask the permission of the court to amend this defence when the Claimant provides full disclosure of the requested documents.

Statement of Truth

I, XXX believe the above statement to be true and factual.

Signed XXX

Amend the above embarressed defense to suite your case and send it to the court no earlier than 7 days priro to any court date but only if they have still not responded to your cpr31-14 request. You may also reference their response to your cpr request in the defense too.

[dennisdugong]

Re: Failed to send document’s after CPR 31-14

Hi
Thanks for that.
Would you not go for a N244 application first so keeping them on the back foot?
And if we do not have any response from that still putting a defence in as we have time before the deadline 18th.
If my under standing is right wouldn’t they ask for more time so as to find the documents in question. And if after this no documents are found or incorrect this would give me a better chance of doing a deal.
To be honest I really don’t know if this debt is correct as a lot was going on around this time as I was losing my business and home.
Regards Denn

[teaboy2]

Re: Failed to send document’s after CPR 31-14

And what exactly do you hope to apply for with the N244 Application? Why pay extra money, when a judge will likely on the day at court order the claiment to supply you the documents or better still strike the claim out. Hell, if the claiment does not have the documents to start with, then they will probably put a stay on the claim or simply not respond to allocation, resulting in the court putting an automatic stay on the case if they have not responded to allocation for 28days. It is then when you hit them with a N244 claim for strike out with an unless order stating unless they produce the documents CCA, DN, NOA within xx days.

[dennisdugong]

Re: Failed to send document’s after CPR 31-14

Hi Teaboy
Thanks for the info.
I assume that this also applies for the sec78 that I sent with the £1 fee and they have received.
So am I correct that the bottom line is if I do not receive any paper work put a holding defence in.
Would you recommend putting the defence in just in time or doesn’t this really matter?
Sorry for all the question and thanks again for your help.
Denn

[teaboy2]

Re: Failed to send document’s after CPR 31-14

Well i advise putting a defense in 7 days prior to the deadline for putting in your defense to ensure the court receives it on time.

As you mentioned that they failed to respond to your CCA request i would also add to your embarressed defense.

"On (enter Date) the defendant posted a request for a copy of the consumer credit agreement under the consumer credit act 1974 section 77/78, along with the statutory fee £1 which was cashed by the claiment on (Date), in which the claiment had 14 days upon receipt of the the defendants request to supply the defendant with a copy of the alleged agreement. The claiment failed to supply the agreement within the perscribed timescale and still have not supplied the agreement, and as such are in default of the defendants request. Which would prohibit any such legal action/enforcement as per section 78 (6) "If the creditor under an agreement fails to comply with subsection (1)—(a)he is not entitled, while the default continues, to enforce the agreement" And likewise under section 77 (s.s 4 (A)) of the consumer credit act 1974."

That alone would likely get the claim struck out as they have no right to take legal enforcement whilst in default of you request. Can i ask if this account is for a loan or a credit card?

[dennisdugong]

Re: Failed to send document’s after CPR 31-14

Hi
That's very informative and thanks. You say about 7 days before the deline but I thought I could do it online or am I wrong.
It's a CC and was taken out in 79.

Regards Denn

[teaboy2]

Re: Failed to send document’s after CPR 31-14

Taken out in 79? You sure it was that long ago?

I doubt it will matter but it is likely that the Agreement may not be valid as a result though. Hell the majority of them were not valid as recently as the last few years lol. Plus i doubt they have records of documents from that far back either.

I believe you can do it online, you should check though first, but either way, do not leave it to the last minute, always get it in early as you never know how long it will take the court to get round to processing it even if submitted online.

[Guest]

Re: Failed to send document’s after CPR 31-14

Taken out in 79? You sure it was that long ago?

I doubt it will matter but it is likely that the Agreement may not be valid as a result though. Hell the majority of them were not valid as recently as the last few years lol. Plus i doubt they have records of documents from that far back either.

I believe you can do it online, you should check though first, but either way, do not leave it to the last minute, always get it in early as you never know how long it will take the court to get round to processing it even if submitted online.

I dint think the CCA was valid either the copy regs didn;t come out til 83

Credit card in 79 are you sure? ther are a lot of strange things on this thread tea boy

Peter

[teaboy2]

Re: Failed to send document’s after CPR 31-14

I dint think the CCA was valid either the copy regs didn;t come out til 83

Credit card in 79 are you sure? ther are a lot of strange things on this thread tea boy

Peter

Well in 1966 Barclaycard in the UK launched the first credit card outside of the U.S. So its possible it was 79, I just never expected to across one on an agreement from so long ago. :tinysmile_grin_t:

[Guest]

Re: Failed to send document’s after CPR 31-14

I think that that card had to be paid in full at the ind of each month if i remember correctly(giving away my age now). And the cca could not have applied it was dormant until the SI were produed.

Particularily the requirements for the content and form contained in 1552 wern't even a gleam in the draghtsmans eye. So a a compliant copy is unlikely.
Lets face it the whole thread is unlikely.

for many reasons

Peter

[Guest]

Re: Failed to send document’s after CPR 31-14

Ok i will play

D obviouslly you would have had a new cards issued througout the life of your agreement what is the expiry date of your current card?
Pe5er

[dennisdugong]

Re: Failed to send document’s after CPR 31-14

Hi
Sorry if you think I am messing you about.
But looked on Equifax and thats were I got this info from.
Start date 1979
Last Payment Aug 2006
I do know that I signed for something as at the time you had to have the bank mangers
approval and think it was for a gold card.
But to be honest a lot of waters gone under the bridge and I really don't know.
Regards Denn