Failed to send document’s after CPR 31-14

[teaboy2]

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

No problem Denn, you have a great weekend too and don't worry about the upcoming case to much, which as you can probably tell, its going to be a walk in the park for you. Though the judge may ask difficult question and will likely repeat them from time to time, but stand your ground and be honest to all questions in a sincere and respectful manner. You will probably find the judge will praise you for your defence and the way you have presented it and will likely take your side too. If the claiments solicitor tries offering you any advise afterwards, ignore it no matter how sincere they sound and let us know what he/she said so we can say yea or nae to it lol. Trust me their solicitor will deliberate try to take advantage of you in order to get the result they want.

[Guest]

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

HI
Yes the both seem fine to me, although I am no expert on these formal defences. When I have had to go to court I usually issued a simple defence in plain English. I find I can play the LIP card more effectively that way.
My only real point that may be with considering is that I am still not convinced that this is a regulated agreement. So I would not base your whole case on the CCA related issues (section 60/87 breaches). If the other side raises this and the DJ agrees it could scupper your whole argument.
By all means include it in your defence but also point out that no agreement of any kind has been produced. In other words don’t just depend on CCA unenforceability.
If you see what I mean.
Peter

[Guest]

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

Hi
It seems that section 77-79 will apply and also part VII which contains the default requirements (87).
So they should have sent you a default note and they should respond to your section78 request, if your agreement was after 1977. It also means the agreement would not be enforceable under subsection 6 of 78 until it was complied with.
So that is good news.
However it seems that the requirements for form under section 61 are not “commenced” until May 1985. This means that the unenforceability in respect of form and content aspect of your defence would not be applicable in my view, although I would not mention that if I were you because you never know the judge and the other side may not realise it.
Even so this is a regulated agreement, and in order to be “made” under the Act there must have been a written contract, if you can show that none exists or existed on the balance of probabilities then they cannot enforce. Also of course they must be able to comply with CPR.
Peter

[dennisdugong]

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

Hi Peter
Thanks for looking and the info.
Would you individually point this out i.e. a new category or include within the existing categories.
Many thanks for the help.
Denn

[Guest]

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

Hi
Not sure what you mean. I would keep the defense you have as per Tea boys recomendation(and include his aditions), however be aware ot the facts i have stated and the probobility that they will dispute your unenforceability claim in regards of section 61.

They may even try to say that they do not have to comply with the default notice or the section 78 request for the same reasons , this is not the case.
All this info is available within the act under schedule 3 commencment propvisions.

In either case the act is a regulated agreement as you state in your defence because it was executed after 1977, so ther must be a writen agreement or it is unenforceable.
Peter

[teaboy2]

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

Hi
It seems that section 77-79 will apply and also part VII which contains the default requirements (87).
So they should have sent you a default note and they should respond to your section78 request, if your agreement was after 1977. It also means the agreement would not be enforceable under subsection 6 of 78 until it was complied with.
So that is good news.
However it seems that the requirements for form under section 61 are not “commenced” until May 1985. This means that the unenforceability in respect of form and content aspect of your defence would not be applicable in my view, although I would not mention that if I were you because you never know the judge and the other side may not realise it.
Even so this is a regulated agreement, and in order to be “made” under the Act there must have been a written contract, if you can show that none exists or existed on the balance of probabilities then they cannot enforce. Also of course they must be able to comply with CPR.
Peter

Ahh, yeah i keep forgetting this is from 1979 so section 61 would not apply. Though it is still worth a shot, as they would have to prove it does not apply and only way they can do that is by providing the original contract.

[Guest]

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

Yes and it seems that section8 5 should apply also, so they should have sent a copy of the agrement with each renewd card, there is an unenforceabiity sanction for breach of this requirement also.
Peter

[dennisdugong]

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

Hi
Thank you both for the invaluable information. Will try and take it all in over the weekend and get the defence in Monday.
Regards Denn

[dennisdugong]

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

Hi Both
Sent my denfence in today.
Will keep you updated as things happen.
Regards Denn

[teaboy2]

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

Definitely let us know what their response to your defense is, if they do respond that is.

[dennisdugong]

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

Hi teaboy2 & peterbard
An update.
Letter arrived yesterday from the court acknowledging my defence.
Also saying the claimant must contact the court within 28 days after receiving a copy of my defence. After that period has elapsed, the claim will be stayed. The only action the claimant can then take will be to apply to a judge for an order lifting the stay.

Regards Denn

[teaboy2]

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

Hi teaboy2 & peterbard
An update.
Letter arrived yesterday from the court acknowledging my defence.
Also saying the claimant must contact the court within 28 days after receiving a copy of my defence. After that period has elapsed, the claim will be stayed. The only action the claimant can then take will be to apply to a judge for an order lifting the stay.

Regards Denn

Hi Dennis.

If it is stayed then as you said they would need permission from a judge to have the stay lifted in order to proceed with the claim. Best thing to do if such circumstances do occur, is to sit and wait a few months i.e 6 months. Then if they haven't applied by then or if they do apply for permission from the judge to proceed we can work on having the case struck out under CPR rules

[dennisdugong]

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

Hi Teaboy and Peterbard
Hope you are both OK and well.
Been in contact with the court today and the case is stayed.
Do you still think the best way to proceed would be to wait?

Denn

[teaboy2]

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

Yes wait a few months then apply for a strike out using the N244 form along with an unless order. An unless order is basically to state the case should be struck out unless the claiment is able to produce the requested documents within say 14 days etc. If after those 14 days and no documents are produced by the claiment then the case against you will be struck out.

We can help you with the details etc when the times comes.

[dennisdugong]

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

Hi Teaboy
Many thanks for the information.
Have a good Christmas and I wil keep you posted.
Regards
Denn