Advice please - court claim received

[flinko]

Re: Advice please - court claim received

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.

Sorry, for the signed bit - I meant for the CPR - is there a risk of them lifting my signature for anything?

[alham]

Re: Advice please - court claim received

The bit in blue repeats previous few sentences.

With regards to your signature you can always create a scanned signature file with, say, an extra dot or squiggle. So if it appears on other "alleged " documents you can rightfully claim that it was a forgery.

[alham]

Re: Advice please - court claim received

Your letter is great.

[flinko]

Re: Advice please - court claim received

Of course, I was just reading the bit in blue in isolation without reading what was before!

Thanks - I think it may be best I just sign my initials or sign my first and surname in full (I only ever sign initials & surname)

[flinko]

Re: Advice please - court claim received

Just noticed - it says "Address for sending documents and payments (if different)" is Shoosmiths LLP in Northampton, rather than the claimants Britannica Recoveries themselves. So I should send the CPR to Shoosmiths?

[miliitant]

Re: Advice please - court claim received

you send the cpr request to whoever is mentioned on the claim form to return document to

its normally at the bottom of the form

[flinko]

Re: Advice please - court claim received

you send the cpr request to whopever is mentioned on the claim form to return document to

its normally at the bottom of the form

On the claim form I have it has "Claimant : Britannica recoveries etc" at the top left box and the box underneath has the "address for sending documents and payments (if different) - Shoosmiths etc"

So I assume it needs to go to Shoosmith,

I also notice that I don't have this on my draft....

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

Is that required? what is it for?

[miliitant]

Re: Advice please - court claim received

send to shoesmith by recorded delivery, dont forget to put claimants name ,that would be britanica recoveries, your name and claim number

please try and not over complicate things, you will end up with your head exploding

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)

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

Although your claim is for a sum whichis not more £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

[flinko]

Re: Advice please - court claim received

please try and not over complicate things, you will end up with your head exploding

It feels like it's close to that already!

Thanks a lot Militant. Will cross my fingers and put an update here when I hear anything.

[flinko]

Re: Advice please - court claim received

Just filling my MCOL AoS online - should I be contesting jurisdiction?

[miliitant]

Re: Advice please - court claim received

no, you are not contesting

[Nikolai]

Re: Advice please - court claim received

No you should not contest jurisdiction. Personally, I would file the Acknowledgment of Service indicating an intention to defend all of the claim the day before it is due. There's no point filing earlier than you need to, and if you're filing online there's no risk it won't arrive.
Follow the advice you've had and get your CPR 31.14 request letter off pronto.
Once you've filed a defence (in due course, don't worry about it now) you'll find the case will be transferred to your local County Court.
Make a note of 2 dates, the first the latest you can file your A of S, the second the latest you can file your defence. Make absolutely sure you comply with these 2 filing obligations, or Shoosmiths will enter a default judgement against you.

[flinko]

Re: Advice please - court claim received

No you should not contest jurisdiction. Personally, I would file the Acknowledgment of Service indicating an intention to defend all of the claim the day before it is due. There's no point filing earlier than you need to, and if you're filing online there's no risk it won't arrive.
Follow the advice you've had and get your CPR 31.14 request letter off pronto.
Once you've filed a defence (in due course, don't worry about it now) you'll find the case will be transferred to your local County Court.
Make a note of 2 dates, the first the latest you can file your A of S, the second the latest you can file your defence. Make absolutely sure you comply with these 2 filing obligations, or Shoosmiths will enter a default judgement against you.

Is there a benefit in waiting to file the AoS?

[miliitant]

Re: Advice please - court claim received

Is there a benefit in waiting to file the AoS yes, times scales for the claimant to retrieve the requested documents. agreement, default notice, etc they should have these in place prior to the issue of the claim. you can apply for a strike out further down the line

[flinko]

Re: Advice please - court claim received

Ok - Am I right in saying that I have until 19 days after the issue date to file the AoS?

The issue date is the 5th November so I should file online on the 24th? or is it 14 days from that date?

Its 14 days today but on the back it says "You must respond to this claim form within 14 days of the day of service. The attached forms may be used for that purpose. The day of service is taken as 5 days after the issue date shown overleaf"