Help! Confused with letter from Court Re: Debt

[Celestine]

Re: Help! Confused with letter from Court Re: Debt

"1. The claim is for the sum of 2015.41 in respect of monies owing by the defendant on a credit agreement held by the defendant with Britannica Recoveries S. r.l Atlas under account number xxxxxxxxxx upon which the defendant failed to maintain payments.

2. A default notice was served upon the defendant and has not been complied with.

3. By virtue of a sale agreement between Britannia Recoveries S. r.l Atlas and the claimant, the claim vested in the claimant who has genuine commercial interest. The defendant has been notified of the assignment by letter."


OK, so they still haven't supplied a copy of the agreement or default notice. Indeed in their amended PoC, they have downplayed the whole default notice 'description'.

I would whack in an immediate CPR 31.14 request for them to disclose the agreement and default notice. However, given that you have until only 24th September to submit a defence, then one needs to be prepared because as things stand, they are stuffed if they plan to rely on their current evidence.

[Cheekyflip]

Re: Help! Confused with letter from Court Re: Debt

OK, just because I am a n00b in all things like this, let me see if I have this in order.

I should present a CPR 31.14 to request my own copy of the information they suggest they have. I will send this directly to the claimant, rather than the court.


In the meantime, should I be contacting the court to notify them of this and of possible delays to my defence because I am sure, if previous encounters with Arrow tell me anything, they will take forever to respond.

[Cheekyflip]

Re: Help! Confused with letter from Court Re: Debt

I have found a template and filled in a few blanks, would anyone care to go over this and make sure I have hit the relevant points for my CPR 31.14 request. I'd hate to screw it up!

"

Collections and Recoveries
Their Address



To whom it may concern,

Re: Ref no here


CPR 31.14 Request

On 30 August 2013 I received the Claim Form in this case issued by you out of the Bristol County Court.

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 document mentioned in your Particulars of Claim:

1 The credit agreement. You will appreciate that in an ordinary case and by reason of the provisions of CPR PD 16 para7.3, 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 default notice

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 provisions of CPR 27(2) are of no effect and you should not seek to avoid compliance with your CPR 31 duties by claiming otherwise.

You should ensure compliance with its 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, they will have a right to possession of that document if it has been mentioned 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 other marking 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 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


"


All help is massively appreciated!

[Cheekyflip]

Re: Help! Confused with letter from Court Re: Debt

UPDATE:

A CPR31.14 has been requested. This was sent Special Delivery and received by Arrow on the 18th.

I spent all afternoon Friday trying to get in touch with them to extend the date in which I could submit my defence, however all I got was their answering machine. I have left a message on it for them to callback and discuss. They are only open 9-5, Monday to Friday.
I have also sent them an email requesting they call me, or confirm by email that they are happy to agree to the 28 day extension.

QUESTION:

As my defence is due Tuesday, 24th November I am obviously left VERY short of time. I will need to send it off lunch time monday at the latest, for it to be received by the courts in time.

How should I plead, taking into account all that has happened? Should I enter an embarrassed plea, basically suggesting that the claimant STILL has not presented me with any documentation to prove burden of proof? A holding plea? Something else, or should I stump up the £45 on a court extension?

Time is short, please help!

[Cheekyflip]

Re: Help! Confused with letter from Court Re: Debt

I would whack in an immediate CPR 31.14 request for them to disclose the agreement and default notice. However, given that you have until only 24th September to submit a defence, then one needs to be prepared because as things stand, they are stuffed if they plan to rely on their current evidence.
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You mention to submit a defence because they are stuffed with their current evidence. What type of defence should I be entering and would it be possible to have thier claim struck out because they have not provided the necessary documentation to support their revised PoC which was ordered by the court.

[Nibbler]

Re: Help! Confused with letter from Court Re: Debt

24th November? Tomorrow surely?

[Cheekyflip]

Re: Help! Confused with letter from Court Re: Debt

I shall continue to pepper the thread with updates when I get them, if anyone wants to chirp in at any time with some help, I'd be eternally grateful!

UPDATE: 23/09/2013

I spoke to Arrow (finally) this morning and they have agreed the a 28 day extension, giving me until the 22 October, 2013 to provide my defense. They have advised they will fax the court today to let them know. I am planning on calling and then confirming this information with the court myself also.

When I mentioned my CPR31 request, the lady at Arrow gave, what I can only explain as a poor and unconfident response, essentially suggesting that they do not need certain documentation to bring forward a claim against me and that they cannot confirm any timescales involved in getting said documentation. I explained that I would require them to do as per the letter and respond. She said that the letter will be dealt with today (I doubt this though).



So, as of now, I will await the response to my CPR31, in which a response is required by the 25th September and then move forward....onto what though, is beyond me (though I continue to google search and read!)

[Cheekyflip]

Re: Help! Confused with letter from Court Re: Debt

UPDATE

I have yet to recieve a response regarding the CPR31.14 request.

How should I chase this up further?

Anybody still alove out there willing to help!?

[littlebert8]

Re: Help! Confused with letter from Court Re: Debt

if the period you gave in the 31.14 letter has elapsed, then your next move is probably to apply for an unless order. Same approach as on this thread.
http://www.legalbeagles.info/forums/...698#post375698

[Celestine]

Re: Help! Confused with letter from Court Re: Debt

Cheeky/LittleBert

This situation is virtually identical to the position Littlebert found himself in last week. You could make an application for disclosure, but it could be risky (despite this being a pretty extreme example of 31.14 non compliance) I would recommend a defence similar to the one recently done in Littlebert's case which defends the claim but also highlights their lack of disclosure and reserves right to amend defence later should they ever disclose the agreement/default notice.

[littlebert8]

Re: Help! Confused with letter from Court Re: Debt

Cel, do you mean fmotl's case?

I did submit a defence following non-compliance with a CPR31.14, but that was three years ago. I presume that fmotl's defence was along broadly similar lines.

Cheekyflip, your defence is due in less than a week, so there is probably no time left to apply for an unless order. You MUST NOT miss the deadline to file a new defence, as the claimant probably will apply for judgement in default.

Your defence needs to address each point in the amended PoC. You wont get away with just saying that they haven't complied with your CPR 31.14 request as the court has already struck out your previous embarrassed defence. For instance, if you can deny a particular point in the claim then do so. Make it clear why disclosure is required and that the claimant has been unreasonable.