Drydens Fairfax/Citicard/Capquest

[ncf355]

Re: Drydens Fairfax/Citicard/Capquest

Actually, can see you received the claim 6th April

What date is on the claim form itself?

[rehtaeh57]

Re: Drydens Fairfax/Citicard/Capquest

Issued 28 March, no other dates, on back it says must respond within 14 days of day of service (which is taken as 5 days aafter issue date). Then if disagreeing must send either completed acknowledgement of service form or defence to court within 14 days. If I end acknowledgement of service must send defence to court to arrive no later than 28 days from date of service. Don't they just like to confuse you?

[rehtaeh57]

Re: Drydens Fairfax/Citicard/Capquest

Sorry got to go out now, wiill be back at lunch and look at again. Have a good day.

[ncf355]

Re: Drydens Fairfax/Citicard/Capquest

Play it safe and say 1st May for Defence (allowing 5+28, - 1 day)

[FlamingParrot]

Re: Drydens Fairfax/Citicard/Capquest

1. Agreement / Contract with original terms and conditions
2. Default Notice (including proof of service)
3. Assignment (including proof of service)
4. Formal Demand
5. Evidence of how the balance claimed has been calculated

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.

Note that I have added 5. to the above as I think it's entirely reasonable to request this within the CPR 31.14 request

(especially in your case where at least £2k of the amount appears to be a mystery)

Wouldn't that be the subject of a separate Part 18 request? :noidea: Given that 31.14 is just for documents mentioned on the PoC.

Quoting from a thread on another site:

CPR PART 18.

What is part 18 for?

Part 18 is for information purposes, so for example if the lender sends you three sets of terms and conditions during the course of proceedings and you are not sure which set relates to what? then you make a part 18 request.

The same applies if you need to clarify what happened with some of the money they are claiming , for example if the agreement has an amount of credit of say 10k but you only received 5k, then you would make a part 18 request for further information to clarify the points.

CPR 31.14 and 31.15

What does this apply to?

If a party discloses a document by mention of it in amongst others his statement of case, then he has disclosed it and therefore pursuant to rule 31.14 you are entitled to inspect it.

Therefore you must follow the guidelines, write to the claimant or defendant, make clear the request is made under CPR 31.14 and request to be allowed to inspect or be provided copies of the document mentioned.

This type of request deals with things like credit agreement, default notice, deed of assignment etc which are mentioned in a claim form.

CPR 31.15 requires that upon receipt of a request in writing, the claimant must allow inspection of the documents and this must be done in 7 days from receipt of the request, if the claimant refuses then an application Must be made to the court for an order compelling disclosure

Also, within such a request, you should also seek an extension of time pursuant to CPR 15.5 to allow you time to receive the documents and review them and then formulate your defence.

[ncf355]

Re: Drydens Fairfax/Citicard/Capquest

Hmm

I think it's borderline

They disclose the balance in the POC, plus they can soon question that aspect if they wish, it won't invalidate the need for them to comply with the rest within 7 days

[rehtaeh57]

Re: Drydens Fairfax/Citicard/Capquest

Hello again, have been poorly this week so only just ediited and printed the CPR31.14 letter. Just to confirm before I post it, can you confirm do I need to send it to the claimant at their address (Capquest) rather than the address for sending documents (Drydens Fairfax)?

[ncf355]

Re: Drydens Fairfax/Citicard/Capquest

Hi,

Sorry to hear you've not been well



No,

Send it to the Drysdens address

[rehtaeh57]

Re: Drydens Fairfax/Citicard/Capquest

Thanks for that

[rehtaeh57]

Re: Drydens Fairfax/Citicard/Capquest

Hello again:

I posted my CPR 31.14 letter on 11 April as per your draft - we are now 17 days further on, and even allowing for easter post/bank hols. I have not had any response!

However, I did receive a letter from Drydens Fairfax (dated 10 April) which acknowledged receipt of the defence filed at Court. It said they are currently seeking their client's iinstructions and would write again on receipt of same. They said that no further action in respect of this claim will be taken until they have their client's instructions.

I also received a letter from the Court acknowledging receipt of the defence, saying the claimant might contact me directo to attempt to resolve any dispute, ad if it cannot be resolved informally, the claimant would inform the Court that he wishes to proceed, and the Court would then inform me. Where he wishes to proceed, 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 willl be to apply to a judge for an order lifting the stay.

Do I need to do anything?

[ncf355]

Re: Drydens Fairfax/Citicard/Capquest

You are waiting for the court to set a hearing/make directions

You could make an application to the court asking for an unless order (that they supply the documents within a further 7 days or their claim is struck out without further order)

You can find the details for creating this and a related witness statement in the CPR 31.14 article that Amethyst created

You would basically detail your communications with them, stating the CPR 31.14 was sent (with proof of postage), on what date it was sent and how they have failed to respond

The only issue here is if the court allocate the claim to the Small Claims Track before your application is considered as this may then stop the court from considering an unless order for disclosure, however, I'd say its definitely worth trying for

The court may now order them to supply relevant documents off their own back

[ncf355]

Re: Drydens Fairfax/Citicard/Capquest

Further info on the same process provided by PT in his blog HERE