cca REQUESTED FROM LLOYDS IN 2009 NOTHING AS YET...... NOW COURT PAPERS FROM CAPQUEST

[sarnie2109]

Re: cca REQUESTED FROM LLOYDS IN 2009 NOTHING AS YET...... NOW COURT PAPERS FROM CAPQ

i thought aqbout putting something like......

I have recieved this N1 from crapquest, sadly i have never heard of CQ, or ever received any correspondence from said company,,upon reading the N1, the account number quoted in the PoC does not match any account records that i have.
The amount claimed is very similar to an alleged debt i had with lloyds bank, although i am a little confused as that account is still in default of my CCA request from 4years ago...

[sarnie2109]

Re: cca REQUESTED FROM LLOYDS IN 2009 NOTHING AS YET...... NOW COURT PAPERS FROM CAPQ

I have just put this together, if anybody has any comments, big or small please feel free to say..



Dear Sirs,


Re: CAPQUEST INVESTMENTS LTD V MISs little lady
Claim No: ^&*%*"%(


I would like to make it clear from the outset that to the best of my knowledge I have NOT had any contact or received ANY correspondence from company whatsoever in this matter, your issuance of the court form N1 is the first contact I have received from your organisation.


CPR 31.14 Request

On 28 OCT 2013 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 notice of assignment and proof of delivery.
3. The default notice,
4. The Letter Before Action, compliant with 87(1) of the Consumer Credit Act 1974.
5. Thefull set of Statements of account from the time the account was opened.
   
6. A comprehensive breakdown of the amount claimed ; principle, purchases, interest, penalty charges etc

Although your claim is for a sum which does not exceed £10,000.00 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 other marking, 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 within the next seven (7) days.

Yours faithfully

[littlebert8]

Re: cca REQUESTED FROM LLOYDS IN 2009 NOTHING AS YET...... NOW COURT PAPERS FROM CAPQ

Only the first three documents are mentioned in their particulars of claim (as quoted in post 1). The Letter Before Action, Statements and breakdown of amounts are therefore not covered by CPR31.14. In any case, the LBA need to be compliant with Practice Direction - Pre Action Conduct. It is the Default Notice that needs to be compliant with s.87(1) CCA.

Personally, when drafting a CPR31.14, I like to cite the paragraph in the PoC where each document is mentioned. It makes it clear that you have not just added their address to a template letter and it isn't a fishing expedition.

[sarnie2109]

Re: cca REQUESTED FROM LLOYDS IN 2009 NOTHING AS YET...... NOW COURT PAPERS FROM CAPQ

thanks littlebert, but in their PoC they say i owe £xxx on a credit agreement held by ,me with lloyds under account no (the acc no means nothing to me) and i defaulted by failing to make payments............... well if they are saying i didnt make payments, would it not be fair to show me the accounts that show if i did or dint make payments?

so would you break their PoC up and below each numbered point state the CPR doc i request.......... no chance you could copy mine and stick a very very rough insert of your thoughts into it please, just basicly to show how/where youd put them.

I have not had an LBA or ANY other communications from either lloyds or capquest......... so how do i state or bring up/question the LBA,,,,,,,,, by... i cannot tell if your LBA is compliant as i have not seen sight of it....??? and was not with your PoC ? as the LBA is not mentioned in the PoC.

i have also read that when the debt is sold on, it has to go with everything, that i assume will include all my letters to lloyds, this im thinking i will state in my defence ? as that proves that lloyds have not come up with the supporting docs in 4 years, is this a useful point or am i clutching at straws

[littlebert8]

Re: cca REQUESTED FROM LLOYDS IN 2009 NOTHING AS YET...... NOW COURT PAPERS FROM CAPQ

You have to bear in mind that the claimant is under no obligation to 'prove' their claim at this point. Disclosure and inspection usually comes after the parties have exchanges pleadings, although this step is omitted in Small Claims. However, the rules specifically provide for you to request copies of documents that are mentioned in pleadings - effectively, they have already been disclosed and you have a right to inspect them. This rule doesn't give you the right to ask for anything else. In fact, do do so will weaken your request and risk it being ignored as a 'fishing expedition'

1. The Agreement (para. 1 of your PoC). 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 notice of assignment (para. 3 of your PoC) and proof of delivery.
3. The default notice (para. 2 of your PoC)

A CCA s78 request should be accompanied by an up to date statement, but you will struggle to use either the CCA or the CPR to get a fully itemised statement of account. You could get this via a SAR to the original creditor though, but this will take 40 days so not much use in preparing a defence.You deal with not receiving a LBA as a point in your defence. The same goes for your outstanding CCA request. Of course, had you received the LBA, you would have notified the claimant of this, and any other points of dispute (as required by the pre-action protocol) wouldn't you?

[sarnie2109]

Re: cca REQUESTED FROM LLOYDS IN 2009 NOTHING AS YET...... NOW COURT PAPERS FROM CAPQ

You have to bear in mind that the claimant is under no obligation to 'prove' their claim at this point. Disclosure and inspection usually comes after the parties have exchanges pleadings, although this step is omitted in Small Claims. However, the rules specifically provide for you to request copies of documents that are mentioned in pleadings - effectively, they have already been disclosed and you have a right to inspect them. This rule doesn't give you the right to ask for anything else. In fact, do do so will weaken your request and risk it being ignored as a 'fishing expedition'

Ah that makes sense, thank you!!!

1. The Agreement (para. 1 of your PoC). 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 notice of assignment (para. 3 of your PoC) and proof of delivery.
3. The default notice (para. 2 of your PoC)

Agian thank you, should i leave 2+3 as you have

A CCA s78 request should be accompanied by an up to date statement, but you will struggle to use either the CCA or the CPR to get a fully itemised statement of account. You could get this via a SAR to the original creditor though, but this will take 40 days so not much use in preparing a defence.You deal with not receiving a LBA as a point in your defence. The same goes for your outstanding CCA request. Of course, had you received the LBA, you would have notified the claimant of this, and any other points of dispute (as required by the pre-action protocol) wouldn't you?

I would have done, had i been informed of any intended court action..... and yes i would have picked their LBA apart and responded, at least i have a good history folder of my correspondence with lloyds to show im taking this seriously and have kept all paperwork.... IE; not just saying i havent had it and i have followed correct procedures............ is this a good reply? or atleast along the right lines................... off I goe to read up on pre action protcl's, told you its been a while and cant believe how much ive forgotten :tinysmile_cry_t:

Again thank you so much for your help so far

[sarnie2109]

Re: cca REQUESTED FROM LLOYDS IN 2009 NOTHING AS YET...... NOW COURT PAPERS FROM CAPQ

as another thought re the SAR, and me at the moment not having enough time before defence has to filed, do you think when i send in my defence and state quite clearly that CQ have not complied with the pre action prtcl's to any degree, nor have I even been contacted by the claimant at any point prior to receiving the N1, could i ask for it to be struck out, adjourned or something to that effect. especialy as CQ have not even attempted to contact me as, Legal action should always be a last resort, and before issuing proceedings you should be certain that you can demonstrate to the court that you have tried to settle via other means. ?

My point being is i could send off the SAR to lloyds on monday a.m recorded in the hopes it may return in time if i get an adjournment OR like lloyds are so good at, replying to me saying they are trying to find them but will require more time :nono: ???? and hence showing they didnt have it in the first place and the claim is totally vexatious .

[littlebert8]

Re: cca REQUESTED FROM LLOYDS IN 2009 NOTHING AS YET...... NOW COURT PAPERS FROM CAPQ

Its good that you can show you keep meticulous records, but I dont think its likely that you can get a claim struck out because you didn't receive a LBA. It all helps to put them on the back-foot though. You first need to make a reasonable request to the claimant for the documents mentioned in the PoC as its these that are likely to form the basis of any defence. Its a risky strategy to rely on breaches of court procedure as courts often give claimants multiple chances to get their house in order.

You can make an agreement with the claimant to extent the period for filing a defence up to further 28 days. The deadline cannot be extended further than this without a court order. So its important to get the CPR 31.14 letter off ASAP and chase them relentlessly by phone. Get the claimant to agree an extension and be prepared to make an application to the court as soon as it looks like they aren't going to cooperate in time

[sarnie2109]

Re: cca REQUESTED FROM LLOYDS IN 2009 NOTHING AS YET...... NOW COURT PAPERS FROM CAPQ

Thanks LB, i thought you might say that, if they do agree is the 28day from the date i acknowledge? as i thought once i put in my AoS id get a further 14 to build my defence anyway, making a total of 28days or are you saying other side could extend that total 28days a bit more, if so i'd be a bit worried that will also give them time to find/make/rob/completely make up/ find other useful doc's.

If anybody has any comments or suggestions, id love to hear them

just finished the letter to CQ solicitors

REF; YOU v ME
Claim No; 6553

Dear sirs,

I would like to make it clear from the outset that to the best of my knowledge I have NOT had any contact or received ANY correspondence whatsoever from your company in this matter, your issuance of the court form N1 is the first contact I have received from your organisation.

As you have made NO contact with myself in regards to this matter, in fact the last time I wrote in regards to an alleged debt with a similar balance amount, was a Notice of Conditional Agreement and Request for Clarification to a Mr twatface at Lloyds Customer Service Recovery on the special day in 2010, in regards to his failure to comply with my request under the Consumer Credit Act 1974, also sent recorded delivery, Lloyds have still failed to satisfy that request some 3 years later, these documents were sent to Lloyds recorded delivery, which were signed for. With this being said I fail to understand how you have complied with the CPR PD 16 para 7.3 or Pre Action Protocols as nothing has either been attached to your Point of Claim or forwarded on to myself.

I intend to bring this among other points to the courts attention in my defence should you not withdraw your claim against me beforehand.

CPR 31.14 Request

On 28 OCT 2013 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 so as to remain honourable 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. (Para, point 1 of your PoC) Together with the relevant terms associated with that account at the time of its inception, 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 notice of assignment and proof of delivery (Para, point 3 of your PoC).
3. The default notice. (Para, point 2 of your PoC)
4. The Letter Before Action, (which must be sent before commencing Court action) compliant with 87(1) of the Consumer Credit Act 1974.
5. The full set of Statements of account/s from the time the account was opened (Para, point 1 and 3 of your PoC); you claim I have defaulted on payments, you therefore must be in possession of the full accounts to make that statement if not I must assume you are relying on hearsay and not fact.
6. Any document that bears the Account number you have listed (Para, point 1 of your PoC)

Although your claim is for a sum which does not exceed £10,000.00 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 seven (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 other marking, 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 within the next seven (7) days.

[sarnie2109]

Re: cca REQUESTED FROM LLOYDS IN 2009 NOTHING AS YET...... NOW COURT PAPERS FROM CAPQ

AoS all done online earlier tonight.

Any pointers on the letter above, now ive had a day away from it i can see a few things i'll change, but if you guys see or think of anything please let me know.

thanks
Sarnie

[FlamingParrot]

Re: cca REQUESTED FROM LLOYDS IN 2009 NOTHING AS YET...... NOW COURT PAPERS FROM CAPQ

AoS all done online earlier tonight.

Any pointers on the letter above, now ive had a day away from it i can see a few things i'll change, but if you guys see or think of anything please let me know.

As LB noted on the post below, you can really only ask for the documents mentioned on the PoC, that does not include historical data such as statements and other documents that bear the account number, all that would be the subject of a SAR but not a request under CPR.

Also the LBA would not normally be mentioned on the PoC, so no reason why you should be asking for it on a CPR 31.14 request. :confused2:

You have to bear in mind that the claimant is under no obligation to 'prove' their claim at this point. Disclosure and inspection usually comes after the parties have exchanges pleadings, although this step is omitted in Small Claims. However, the rules specifically provide for you to request copies of documents that are mentioned in pleadings - effectively, they have already been disclosed and you have a right to inspect them. This rule doesn't give you the right to ask for anything else. In fact, do do so will weaken your request and risk it being ignored as a 'fishing expedition'

1. The Agreement (para. 1 of your PoC). 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 notice of assignment (para. 3 of your PoC) and proof of delivery.
3. The default notice (para. 2 of your PoC)

A CCA s78 request should be accompanied by an up to date statement, but you will struggle to use either the CCA or the CPR to get a fully itemised statement of account. You could get this via a SAR to the original creditor though, but this will take 40 days so not much use in preparing a defence.You deal with not receiving a LBA as a point in your defence. The same goes for your outstanding CCA request. Of course, had you received the LBA, you would have notified the claimant of this, and any other points of dispute (as required by the pre-action protocol) wouldn't you?

[FlamingParrot]

Re: cca REQUESTED FROM LLOYDS IN 2009 NOTHING AS YET...... NOW COURT PAPERS FROM CAPQ

as another thought re the SAR, and me at the moment not having enough time before defence has to filed, do you think when i send in my defence and state quite clearly that CQ have not complied with the pre action prtcl's to any degree, nor have I even been contacted by the claimant at any point prior to receiving the N1, could i ask for it to be struck out, adjourned or something to that effect. especialy as CQ have not even attempted to contact me as, Legal action should always be a last resort, and before issuing proceedings you should be certain that you can demonstrate to the court that you have tried to settle via other means. ?

My point being is i could send off the SAR to lloyds on monday a.m recorded in the hopes it may return in time if i get an adjournment OR like lloyds are so good at, replying to me saying they are trying to find them but will require more time :nono: ???? and hence showing they didnt have it in the first place and the claim is totally vexatious .

You could send a SAR but legally they have 40 days to comply. Some cases drag on for longer than that before going to court, so you may be in luck and get your response before this goes to court, ray: then again you may not. If you don't mind spending £10 + postage, you have nothing to lose. Having said that, you seem to be getting SARs and CCA requests mixed up, the response you mention above would be what creditors normally send when they're trying to locate your agreement as a result of receiving a CCA request, not a SAR. With a SAR you'll be asking for statements and historical data, and they're unlikely to say they can't find anything, unless the account didn't have any activity in the past 6 years. Non compliance with a SAR (or not responding within the 40 day timescale) is not a reason for a claim to be totally vexatious, a SAR is a request under the Data Protection Act, not under the CCA.

[sarnie2109]

Re: cca REQUESTED FROM LLOYDS IN 2009 NOTHING AS YET...... NOW COURT PAPERS FROM CAPQ

Hi FP,

Yeah i took on board what LB said, just it seemed to me that they have started action against me, if theres no LBA then it cant go ahead........ One of things i was going to remove, just seemed right when in the flow of writing it, then a nights sleep and it did seem a bit much, i'll leave that for the defence then. I may go for the SAR as im hoping i may get time..... will continue this comment on your other reply im about to respond to.

[sarnie2109]

Re: cca REQUESTED FROM LLOYDS IN 2009 NOTHING AS YET...... NOW COURT PAPERS FROM CAPQ

Yeah, ive sent a few SAR's off before. I am hoping my defence should be enough to get this postponed or better giving me that extra time for the SAR to arrive...as i just dont see how this can be allowed to proceed, on my daughters life, ive had nothing from these guys at all regarding this, which is why i have put that in the letter to the sols above.
They have not complied with the CPR PD 16 para 7.3 or Pre Action Protocols as i have never had contact from them which i will state clearly in my defence as well as my outstanding CCA request to lloyds from 3 yrs ago, im assuming im right in saying its outstanding as i have never received the original terms or a 'suitable' copy?.

Not got them mixed up FP, you got it right, (i think i have a chance at more time, so.....).... thought i may be able to just get an SAR back in time... dont see the point of a separate CCA (CPR should get me a copy anyway, should it not?) as i have what was sent to me by lloyds and surely if CQ got one it would be same as 'my' one i have here.

I'll post up the newer sols letter in a mo, please pull it to bits

[sarnie2109]

Re: cca REQUESTED FROM LLOYDS IN 2009 NOTHING AS YET...... NOW COURT PAPERS FROM CAPQ

Dear Sirs,


Re: CAPQUEST INVESTMENTS LTD V a very naughty person


Claim No: f8gf8gr8f99f9fr


I would like to make it clear from the outset that to the best of my knowledge I have not had any contact or received any correspondence whatsoever from your company or your client in this matter, your issuance of the court form N1 is the first contact I have received from your organisation or your client.
As neither you or your client have made contact with myself in regards to this matter, in fact the last time I wrote in regards to an alleged debt with a similar balance amount, was a Notice of Conditional Agreement and Request for Clarification to a Mr wallychops at Lloyds on the specialday 2010, sent recorded mail and signed for, in regards to his failure and that of his agents to comply with my earlier request under the Consumer Credit Act, again sent recorded mail and signed for.
Lloyds have still failed to satisfy that request some time later; these documents were sent to Lloyds recorded delivery, and were signed for. This currently leaves that account unenforceable. With this being said, and if indeed we are talking about the same alleged debt, as the account number you refer to bears no relevance to me, therefore I fail to understand how you have complied with the CPR PD 16 para 7.3 or Pre Action Protocols as nothing has either been attached to your Point of Claim or forwarded on to myself over the last 3 years.
I intend to bring this among other points of concern to the courts attention and in regards to costs in my defence, should you not withdraw your claim against me beforehand.




CPR 31.14 Request

On 28 OCT 2013 I received the Claim Form in this case issued by you out of the Northampton County Court Bulk Centre.

I confirm having returned my acknowledgement of service to the court so as to remain honourable 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. (Para, point 1 of your PoC) Together with the relevant terms associated with that account at the time of its inception, 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 notice of assignment and proof of delivery (Para, point 3 of your PoC).
3. The default notice (Para, point 2 of your PoC).
4. The document that bears the Account number you have listed (Para, point 1 of your PoC)

Although your claim is for a sum which does not exceed £10,000.00 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 seven (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 other marking, 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 within the next seven (7) days.

Yours faithfully