Advice please - court claim received

[flinko]

Hi all, Just found this site as I have been searching for advice on what to do...

I have received a claim dated 5th November from "Britannica recoveries - S.A.R.L Arrows" regarding a £2500 ish loan from the early 2000s which I last made a payment on in 2006 or 2007 (I think but not sure - I have had a lot of financial issues, mainly business-related, in the meantime)

Is sending a CPR 31.14 and CPR part 18 the right thing to do here?

POCs are :

Claimant
Brittanica Recoveries SARL

Address for payments
Shoosmith LLP

1. The claimant's claim for the sum of 2423.28 being monies due from the defendant to the claimant under a regulated agreement between the defendant and Egg (No. 128*****) and assigned to the claimant on 10/05/11, notice of which has been provided to the defendant

2 . The defendant has failed to make payment in accordance with the terms of the agreement and a default notice has been served pursuant to the consumer credit act 1974

3. The claimant claims the sum of 2423.28

4. C has complied, as far as is necessary with the pre-action conduct practice direction.Number

Printed sign Jim Taylor

I have moved house several times in the past 5 or 6 years and so im sure I did receive correspondence from Egg (and anyone they might have passed the debt on to) but will not have a record of it all and almost certainly not responded at any point (head in sand!!)
Any advice would be most appreciated.

many thanks

[miliitant]

Re: Advice please - court claim received

First question

was this a credit card debt or was it a credit card debt converted to a loan or a loan converted to a credit card debt

egg had a habit of doing this

AND WELCOME TO LEGAL BEAGLES

[flinko]

Re: Advice please - court claim received

First question

was this a credit card debt or was it a credit card debt converted to a loan or a loan converted to a credit card debt

egg had a habit of doing this

AND WELCOME TO LEGAL BEAGLES

Thank you militant

I believe it was what was left of a loan but im not 100% - it could well have been converted I guess. I did have a credit card at one stage but think I had closed that, but like I said not 100%

I have had correspondence in the past from DLC and drysedenfairfax about this too. The account appears to have been closed in June 2009 - I may even have had PPI on it but, again, not sure.

[miliitant]

Re: Advice please - court claim received

check back later this evening and i will post up the letters you need to send

do not worry about the part 18 request for the moment

its the CPR 31.14 that we need

i will dig out one of mine for you

you need to go on line and acknowledge the claim in that you will be defending in full

is the address for correspondents the solicitors or britanica recoveries themself

[flinko]

Re: Advice please - court claim received

The address for payments is Shoosmith solicitors
The claimant is Britannica so I guess the CPR should go to Britannica?

[miliitant]

Re: Advice please - court claim received

are the solicitors mentioned on the N1 court claim form as to where all communications are to be directed or is it britanica

[miliitant]

Re: Advice please - court claim received

Dear Sir,

Re: (Claimant's name) v (Your name)

Case No:

CPR 31.14 Request

On (date) I received the Claim Form in this case issued by you out of the (Name) County Court.
I confirm having returned my acknowledgement of service to the court in which Iindicate my intention to contest your entire claim.

Please treat this letter as my request made under CPR 31.14 for the disclosure and the production of a verified and legible copy of each of the following documents mentioned in your Particulars of Claim:

1 The agreement. Together with the relevant terms associated terms and conditions associated with that account. You will appreciate that in an ordinary case and by reason of the provisions of CPR PD 16 para 7.3, where a claim is based upon a written agreement, a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the original(s) should be available at the hearing. Further, that any general conditions incorporated in the contract should also be attached.

2 The assignment notice

3 The deed of assignment
(Van Lynn Developments V Pelias Construction Co Ltd1968(3) ER 824)

3 The default notice
Compliant with 87(1) of the Consumer Credit Act 1974

Although your claim is for a sum which is not more than £5,000.00 and will in all likelihood be allocated to the small claims track for determination upon my delivering a defence, at this moment in time I have not delivered my defence and the case has not been allocated to a track. In consequence the provisionsof CPR 27(2) are of no effect and you should not seek to avoid compliance withyour CPR 31 duties by claiming otherwise]#

You should ensure compliance with your CPR 31 duties and ensure that the document(s) I have requested are copied to and received by me within 7 days of receiving this letter. Your CPR 31 duties extend to making a reasonable and proportionate search for the originals of the documents I have requested, the better for you to be able to verify the document's authenticity and to provide me with a legible copy. Further, where I have requested a copy of a document,the original of which is now in the possession of another person, you will havea right to possession of that document if you have mentioned it in your case.You must take immediate steps to recover and preserve it for the purpose of this case.

Where I have mentioned a document and there is in your possession more than one version of that same document owing to a modification, obliteration or othermarking or feature, each version will be a separate document and you must provide a copy of each version of it to me. Your obligations extend to making a reasonable and proportionate search for any version(s) to include an obligation to recover and preserve such version(s) which are now in the possession of a third party.

In accordance with CPR 31.15(c) I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.

If you require more time in which to comply with this request you must tell mein writing. You must tell me before the time for compliance with this requesthas expired. In telling me you require more time you must tell me what steps you have taken and propose to take in order to comply with this request and also state a date by when you will comply with this request. In addition your statement must be accompanied with a statement that you agree to an extension of the time for me to file my defence. Your extension of time must be not less than 14 days from the date when you say you will have complied with my request and you must state the new date for filing my defence.

If you are unable to comply with this request and believe that you will never be able to comply with this request you must tell me in writing

Please note that if you should fail to comply with this request, fail to request more time or fail to agree to an extension of time for the filing of my defence, I will make an application to the court for an order that the proceedings be struck out or stayed for non-compliance and a summary costs order.

I do hope this will not be necessary and look forward to hearing from you.

Yours faithfully

SEND THE ABOVE BY RECORDED DELIVERY TO WHO EVER IS MENTIONED ON THE CLAIM FORM WHERE CORRESPONDENTS ARE TO BE SENT

[alham]

Re: Advice please - court claim received

Can I suggest a few corrections?

[miliitant]

Re: Advice please - court claim received

please do

[alham]

Re: Advice please - court claim received

Dear Sir,

Re: (Claimant's name) v (Your name)

Case No:

CPR 31.14 Request

On (date) I received the Claim Form in this case issued by you out of the (Name) County Court.
I confirm having returned my acknowledgement of service to the court in which Iindicate my intention to contest your entire claim.

Please treat this letter as my request made under CPR 31.14 for the disclosure and the production of a verified and legible copy of each of the following documents mentioned in your Particulars of Claim:

1 The agreement. Together with [the] relevant [terms associated] terms and conditions [associated with that account]. [You will appreciate that in an ordinary case and by reason of the] In accordance with provisions of CPR PD 16 para 7.3, where a claim is based upon a written agreement, a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the original(s) should be available at the hearing. Further, if there are [that] any general conditions incorporated in the contract they should also be attached.

2 The assignment notice

3 The deed of assignment
(Van Lynn Developments V Pelias Construction Co Ltd1968(3) ER 824)

3 The default notice
Compliant with 87(1) of the Consumer Credit Act 1974

Although your claim is for a sum which does not exceed is not more than £5,000.00 and thus in all likelihood it will be allocated to the small claims track once I deliver my defence, however as I am unable to lodge my defence at this moment the case has not been allocated to a track [for determination upon my delivering a defence, at this moment in time I have not delivered my defence and the case has not been allocated to a track]. [In] As a consequence the provisions of CPR 27(2) [are of] have no effect and you should not seek to avoid compliance withyour CPR 31 duties by claiming otherwise]#?

You should ensure compliance with your CPR 31 duties and ensure that the document(s) I have requested are copied to and received by me within 7 days of receiving this letter. Your CPR 31 duties extend to making a reasonable and proportionate search for the originals of the documents I have requested, the better for you to be able??? to verify the document's authenticity and to provide me with a legible copy. Further, where I have requested a copy of a document,the original of which is now in the possession of another person, you will have a right to?? possession of that document if you have mentioned it in your case.You must take immediate steps to recover and preserve it for the purpose of this case.

Where I have mentioned a document and [there is] you have in your possession more than one version of that [same] document [owing] as a result of [to a] modification, obliteration or othermarking?? or feature, each version thus becomes [will be] a separate document and you must provide a copy of each version [of it] to me. Your obligations extend to making a reasonable and proportionate search for any (and all) version(s) [to] and include an obligation to recover and preserve such version(s) [which] that are now in the possession of a third party.

In accordance with CPR 31.15(c) I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.

If you require more time in which to comply with this request your extension request must be in in writing, and it should list the steps already taken in complying with this request and all outstanding issues that necessitate such delay. In any case, your request for extension should state a date by which you will comply with present request for information. Furthermore, your request should contain a confirmation that you agree to an extension of not less than 14 days for filing of the defence once all the information requested in this document has been delivered to me. [in writing. You must tell me before the time for compliance with this requesthas expired. In telling me you require more time you must tell me what steps you have taken and propose to take in order to comply with this request and also state a date by when you will comply with this request. In addition your statement must be accompanied with a statement that you agree to an extension of the time for me to file my defence. Your extension of time must be not less than 14 days from the date when you say you will have complied with my request and you must state the new date for filing my defence].

If you are unable to comply with this request and believe that you will never be able to comply with this request you must tell me in writing

Please note that if you should fail to comply with this request, fail to request more time or fail to agree to an extension of time for the filing of my defence, I will make an application to the court for an order that the proceedings be struck out or stayed for non-compliance and request a summary costs order.

I do hope this will not be necessary and look forward to hearing from you.

Yours faithfully

SEND THE ABOVE BY RECORDED DELIVERY TO WHO EVER IS MENTIONED ON THE CLAIM FORM WHERE CORRESPONDENTS ARE TO BE SENT

Hope this makes sence

[miliitant]

Re: Advice please - court claim received

Dear Sir,

Re: (Claimant's name) v (Your name)

Case No:

CPR 31.14 Request

On (date) I received the Claim Form in this case issued by you out of the (Name) County Court.

I confirm having returned my acknowledgement of service to the court in which Iindicate my intention to contest your entire claim.

Please treat this letter as my request made under CPR 31.14 for the disclosure and the production of a verified and legible copy of each of the following documents mentioned in your Particulars of Claim:

1 The agreement. Together with the relevant terms associated with that account. you will appreciate that in an ordinary case and by reason in accordance with provisions of CPR PD 16 para 7.3, where a claim is based upon a written agreement, a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the original(s) should be available at the hearing. Further, if that any general conditions incorporated in the contract they should also be attached.

2 The assignment notice

3 The deed of assignment
(Van Lynn Developments V Pelias Construction Co Ltd1968(3) ER 824)

3 The default notice
Compliant with 87(1) of the Consumer Credit Act 1974

Although your claim is for a sum which does not exceed is not more than £5,000.00 and thus in all likelihodd it will be allocated to the small claims track once i deliver my defence, however as i am unable to lodge my defence at this moment, the case has not been allocated to a track for determination upon delivering a defence, as a consequence the provisions of CPR 27(2) have no effect and you should not seek to avoid compliance with your CPR 31 duties by claiming otherwise

You should ensure compliance with your CPR 31 duties and ensure that the document(s) I have requested are copied to and received by me within 7 days of receiving this letter. Your CPR 31 duties extend to making a reasonable and proportionate search for the originals of the documents I have requested, the better for you to be able to verify the document's authenticity and to provide me with a legible copy. Further, where I have requested a copy of a document,the original of which is now in the possession of another person, i will have the right to possession of that document if you have mentioned it in your case. You must take immediate steps to recover and preserve it for the purpose of this case.

Where I have mentioned a document and there is in your possession more than one version of that same document owing as a result to a modification, obliteration or othermarking, or feature, each version thus will be a separate document and you must provide a copy of each version of it to me. Your obligations extend to making a reasonable and proportionate search for any, and all version(s) and include an obligation to recover and preserve such version(s) that are now in the possession of a third party.

In accordance with CPR 31.15(c) I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.

If you require more time in which to comply with this request your extension request must be in writing, and it should list the steps allready taken in complying with this request and all outstanding issues that necessitate such delay. in any case, your request for an extension should state a date by which you will comply with present request for information. furthermore, your request should contain confirmation that you agree to an extension of not less than 14 days for filing of the defence once all the information requested in this document has been delivered to me. you must tell me in writing before the time for compliance has expired. in telling me you require more time you must tell me what steps you have taken and propose to take in order to comply with this request, and also to state a date by when you will comply with this request. in addition, your statement must be accompanied with a statement that you agree to an extension of time for me to file a defence. your extension of time must not be less than 14 days from the date when you say you will have complied with my request and you must state a new date for filling my defence.

If you are unable to comply with this request and believe that you will never be able to comply with this request you must tell me in writing

Please note that if you should fail to comply with this request, fail to request more time or fail to agree to an extension of time for the filing of my defence, I will make an application to the court for an order that the proceedings be struck out or stayed for non-compliance and request a summary costs order.

I do hope this will not be necessary and look forward to hearing from you.

Yours faithfully

SEND THE ABOVE BY RECORDED DELIVERY TO WHO EVER IS MENTIONED ON THE CLAIM FORM WHERE CORRESPONDENTS ARE TO BE SENT

[flinko]

Re: Advice please - court claim received

Ok, great - that's very close to what I already had drafted anyway.

Ill send that tomorrow morning - what else do I need to do in the meantime? Send the acknowledgement of service back with "intend to defend all of this claim" ticked (or do it online obviously)? And when should I do that - it was issued on the 5th so would I be better off doing it ASAP or closer to the 14th day period?

oh, and should I sign it? or print my name or sign and then put cross over sig?

[alham]

Re: Advice please - court claim received

Dear Sir,

Re: (Claimant's name) v (Your name)

Case No:

CPR 31.14 Request

On (date) I received the Claim Form in this case issued by you out of the (Name) County Court.

I confirm having returned my acknowledgement of service to the court in which Iindicate my intention to contest your entire claim.

Please treat this letter as my request made under CPR 31.14 for the disclosure and the production of a verified and legible copy of each of the following documents mentioned in your Particulars of Claim:

1 The agreement. Together with the relevant terms associated with that account. you will appreciate that in an ordinary case and by reason in accordance with provisions of CPR PD 16 para 7.3, where a claim is based upon a written agreement, a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the original(s) should be available at the hearing. Further, if that any general conditions incorporated in the contract they should also be attached.

2 The assignment notice

3 The deed of assignment
(Van Lynn Developments V Pelias Construction Co Ltd1968(3) ER 824)

3 The default notice
Compliant with 87(1) of the Consumer Credit Act 1974

Although your claim is for a sum which does not exceed is not more than £5,000.00 and thus in all likelihood it will be allocated to the small claims track once i deliver my defence, however as i am unable to lodge my defence at this moment, the case has not been allocated to a track for determination upon delivering a defence, as a consequence the provisions of CPR 27(2) have no effect and you should not seek to avoid compliance with your CPR 31 duties by claiming otherwise

You should ensure compliance with your CPR 31 duties and ensure that the document(s) I have requested are copied to and received by me within 7 days of receiving this letter. Your CPR 31 duties extend to making a reasonable and proportionate search for the originals of the documents I have requested, the better for you to be able to verify the document's authenticity and to provide me with a legible copy. Further, where I have requested a copy of a document,the original of which is now in the possession of another person, i will have the right to possession of that document if you have mentioned it in your case. You must take immediate steps to recover and preserve it for the purpose of this case.

Where I have mentioned a document and there is in your possession more than one version of that same document owing as a result to a modification, obliteration or othermarking, or feature, each version thus will be a separate document and you must provide a copy of each version of it to me. Your obligations extend to making a reasonable and proportionate search for any, and all version(s) and include an obligation to recover and preserve such version(s) that are now in the possession of a third party.

In accordance with CPR 31.15(c) I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.

If you require more time in which to comply with this request your extension request must be in writing, and it should list the steps allready taken in complying with this request and all outstanding issues that necessitate such delay. in any case, your request for an extension should state a date by which you will comply with present request for information. furthermore, your request should contain confirmation that you agree to an extension of not less than 14 days for filing of the defence once all the information requested in this document has been delivered to me. Such request must be received before the time for compliance has expired. in telling me you require more time you must tell me what steps you have taken and propose to take in order to comply with this request, and also to state a date by when you will comply with this request. in addition, your statement must be accompanied with a statement that you agree to an extension of time for me to file a defence. your extension of time must not be less than 14 days from the date when you say you will have complied with my request and you must state a new date for filling my defence.

If you are unable to comply with this request and believe that you will never be able to comply with this request you must tell me in writing

Please note that if you should fail to comply with this request, fail to request more time or fail to agree to an extension of time for the filing of my defence, I will make an application to the court for an order that the proceedings be struck out or stayed for non-compliance and request a summary costs order.

I do hope this will not be necessary and look forward to hearing from you.

Yours faithfully

SEND THE ABOVE BY RECORDED DELIVERY TO WHO EVER IS MENTIONED ON THE CLAIM FORM WHERE CORRESPONDENTS ARE TO BE SENT

Late night typos. You do burn midnight oil, militant. Text in blue should be removed, in red corrected typos.

[alham]

Re: Advice please - court claim received

Ok, great - that's very close to what I already had drafted anyway.

Ill send that tomorrow morning - what else do I need to do in the meantime? Send the acknowledgement of service back with "intend to defend all of this claim" ticked (or do it online obviously)? And when should I do that - it was issued on the 5th so would I be better off doing it ASAP or closer to the 14th day period?
oh, and should I sign it? or print my name or sign and then put cross over sig?

You may as well lodge it now, signed etc.. Remember , you will have another 14 days (28 days in total from the date you received the claim in which to lodge the defence.

[flinko]

Re: Advice please - court claim received

Alham,

What is wrong with this part?

in telling me you require more time you must tell me what steps you have taken and propose to take in order to comply with this request, and also to state a date by when you will comply with this request. in addition, your statement must be accompanied with a statement that you agree to an extension of time for me to file a defence. your extension of time must not be less than 14 days from the date when you say you will have complied with my request and you must state a new date for filling my defence.

This is what I have drafted based on what has been said here and elsewhere - what do you think?

Dear Sir,

Re: Britannica Recoveries S.A.R.L – Arrow v ***********- Case No: **********

CPR 31.14 Request

On 9^th November 2012 I received the Claim Form in this case issued by you out of the Northampton County Court.

I confirm having returned my acknowledgement of service to the court in which I indicate my intention to contest your entire claim.

Please treat this letter as my request made under CPR 31.14 for the disclosure and the production of a verified and legible copy of each of the following documents mentioned in your Particulars of Claim:

1 The Agreement. Together with the relevant terms associated with that account, you will appreciate that in an ordinary case and by reason of the provisions of CPR PD 16 para 7.3, where a claim is based upon a written agreement, a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the original(s) should be available at the hearing. Further, that any general conditions incorporated in the contract should also be attached.

2 the assignment notice

3 the default notice
Compliant with 87(1) of the Consumer Credit Act 1974

Although your claim is for a sum which does not exceed £5,000.00 and thus in all likelihood it will be allocated to the small claims track once I deliver my defence, however as I am unable to lodge my defence at this moment, the case has not been allocated to a track for determination upon delivering a defence, as a consequence the provisions of CPR 27(2) have no effect and you should not seek to avoid compliance with your CPR 31 duties by claiming otherwise

You should ensure compliance with your CPR 31 duties and ensure that the documents I have requested are copied to and received by me within 7 days of receiving this letter. Your CPR 31 duties extend to making a reasonable and proportionate search for the originals of the documents I have requested, the better for you to be able to verify the document's authenticity and to provide me with a legible copy. Further, where I have requested a copy of a document, the original of which is now in the possession of another person, you will have a right to possession of that document if you have mentioned it in your case. You must take immediate steps to recover and preserve it for the purpose of this case.

Where I have mentioned a document and there is in your possession more than one version of that same document owing as a result to a modification, obliteration or othermarking, or feature, each version thus will be a separate document and you must provide a copy of each version of it to me. Your obligations extend to making a reasonable and proportionate search for any, and all version(s) and include an obligation to recover and preserve such version(s) that are now in the possession of a third party.

In accordance with CPR 31.15(c) I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.

If you require more time in which to comply with this request you must tell me in writing. You must tell me before the time for compliance with this request has expired. In telling me you require more time you must tell me what steps you have taken and propose to take in order to comply with this request and also state a date by when you will comply with this request. In addition your statement must be accompanied with a statement that you agree to an extension of the time for me to file my defence. Your extension of time must be not less than 14 days from the date when you say you will have complied with my request and you must state the new date for filing my defence.

If you are unable to comply with this request and believe that you will never be able to comply with this request you must tell me in writing.

Please note that if you should fail to comply with this request, fail to request more time or fail to agree to an extension of time for the filing of my defence, I will make an application to the court for an order that the proceedings be struck out or stayed for non-compliance and a summary costs order.

I do hope this will not be necessary and look forward to hearing from you.

Yours faithfully