mkpd llp court forms need help after submitting defence

[flintstonefreddie]

hello all,
i receceived NCCBC papers and i acknowledged them, i sent off a CPR request and a CCA to the DCA. i heard nothing back so i submitted a defence online to NCCBC, my defence challanged the POC on each point and put them to strict proof. the defence deadline was Tuesday 22 April, my defence was submitted on time and i have checked this with NCCBC.
Today i received a letter from MKPD legal department saying they are unable to fulfil my request but they will contact the orginal creditor and will forward the documents upon receipt and that this may take 8 weeks.They confirm they will not make any applications or seek to enter judgement during this time.
I know the court will send them my defence can MKPD still proceed without supplying the requested documents?
Will the case be allocated to a small claims court where the CPR will not apply?
should i not have sent in a defence because by having done so i have given them the oppertunity to proceed?
Any advise please.

[FlamingParrot]

Re: mkpd llp court forms need help after submitting defence

hello all,
i receceived NCCBC papers and i acknowledged them, i sent off a CPR request and a CCA to the DCA. i heard nothing back so i submitted a defence online to NCCBC, my defence challanged the POC on each point and put them to strict proof. the defence deadline was Tuesday 22 April, my defence was submitted on time and i have checked this with NCCBC.
Today i received a letter from MKPD legal department saying they are unable to fulfil my request but they will contact the orginal creditor and will forward the documents upon receipt and that this may take 8 weeks.They confirm they will not make any applications or seek to enter judgement during this time.
I know the court will send them my defence can MKPD still proceed without supplying the requested documents?

The letter you received would be a standard, templated response to your CPR request. The letter was probably sent before they were in receipt of your defence. Once they receive it, they will decide whether they still want to proceed with the claim or not.

Will the case be allocated to a small claims court where the CPR will not apply?

If it's under £10k, it'll very likely be allocated to small claims, however, the case wouldn't have been allocated when you submitted your CPR request.

The CPRs still apply to the small claims track, just SOME PARTS do not apply, part 31 being one of them.

They still have to provide you with documents: http://www.justice.gov.uk/courts/pro...l/rules/part27

(3) In this rule –

(a) ‘standard directions’ means –
(i) a direction that each party shall, at least 14 days before the date fixed for the final hearing, file and serve on every other party copies of all documents (including any expert’s report) on which he intends to rely at the hearing; and

should i not have sent in a defence because by having done so i have given them the oppertunity to proceed?
Any advise please.

If you hadn't submitted it in time they could have applied for default judgment. :juge:

Your other option would have been to submit an N244 unless order to force disclosure.

[FlamingParrot]

Re: mkpd llp court forms need help after submitting defence

Hi and welcome to LB!

hello all,
i receceived NCCBC papers and i acknowledged them, i sent off a CPR request and a CCA to the DCA. i heard nothing back so i submitted a defence online to NCCBC, my defence challanged the POC on each point and put them to strict proof. the defence deadline was Tuesday 22 April, my defence was submitted on time and i have checked this with NCCBC.
Today i received a letter from MKPD legal department saying they are unable to fulfil my request but they will contact the orginal creditor and will forward the documents upon receipt and that this may take 8 weeks.They confirm they will not make any applications or seek to enter judgement during this time.
I know the court will send them my defence can MKPD still proceed without supplying the requested documents?

The letter you received would be a standard, templated response to your CPR request. The letter was probably sent before they were in receipt of your defence. Once they receive it, they will decide whether they still want to proceed with the claim or not.

Will the case be allocated to a small claims court where the CPR will not apply?

If it's under £10k, it'll very likely be allocated to small claims, however, the case wouldn't have been allocated when you submitted your CPR request.

The CPRs still apply to the small claims track, just SOME PARTS do not apply, part 31 being one of them.

They still have to provide you with documents: http://www.justice.gov.uk/courts/pro...l/rules/part27

(3) In this rule –

(a) ‘standard directions’ means –
(i) a direction that each party shall, at least 14 days before the date fixed for the final hearing, file and serve on every other party copies of all documents (including any expert’s report) on which he intends to rely at the hearing; and

should i not have sent in a defence because by having done so i have given them the oppertunity to proceed?
Any advise please.

If you hadn't submitted it in time they could have applied for default judgment. :juge:

Your other option would have been to submit an N244 unless order to force disclosure.

[flintstonefreddie]

Re: mkpd llp court forms need help after submitting defence

Thank you FlamingParrot for the quick response. If i was doing it again i would submit the N244 but i was worried about MKPD proceeding for a default judgement if i did not submit some type of defence and i should have registered with LB before doing anything.
So i do i now wait or can i submit anything to force a dismissal?
and again many Thanks to all involved with this site without it they would have got a judgement by default.

[FlamingParrot]

Re: mkpd llp court forms need help after submitting defence

Thank you FlamingParrot for the quick response. If i was doing it again i would submit the N244 but i was worried about MKPD proceeding for a default judgement if i did not submit some type of defence and i should have registered with LB before doing anything.
So i do i now wait or can i submit anything to force a dismissal?
and again many Thanks to all involved with this site without it they would have got a judgement by default.

As you have submitted a defence, you just have to wait to hear whether the claimant wishes to proceed. If so, you will receive a directions questionnaire.

[flintstonefreddie]

Re: mkpd llp court forms need help after submitting defence

Thank you once again FlamingParrot sorry for being a pain:tinysmile_hmm_t2:

[flintstonefreddie]

Re: mkpd llp court forms need help after submitting defence

Can they proceed if they dont have the relevant paper work to hand ?
it would seem to be a gamble for them , or do they proceed in the hope they are forwarded the paperwork in time for the hearing?:tinysmile_grin_t:

[FlamingParrot]

Re: mkpd llp court forms need help after submitting defence

Can they proceed if they dont have the relevant paper work to hand ?
it would seem to be a gamble for them , or do they proceed in the hope they are forwarded the paperwork in time for the hearing?:tinysmile_grin_t:

They need to have the paperwork earlier than that, see below: http://www.justice.gov.uk/courts/pro...l/rules/part27

(1) After allocation the court will –
(a) give standard directions and fix a date for the final hearing;
(b) give special directions and fix a date for the final hearing;
(c) give special directions and direct that the court will consider what further directions are to be given no later than 28 days after the date the special directions were given;
(d) fix a date for a preliminary hearing under rule 27.6; or
(e) give notice that it proposes to deal with the claim without a hearing under rule 27.10 and invite the parties to notify the court by a specified date if they agree the proposal.

(2) The court will –
(a) give the parties at least 21 days’ notice of the date fixed for the final hearing, unless the parties agree to accept less notice; and
(b) inform them of the amount of time allowed for the final hearing.

(3) In this rule –
(a) ‘standard directions’ means –
(i) a direction that each party shall, at least 14 days before the date fixed for the final hearing, file and serve on every other party copies of all documents (including any expert’s report) on which he intends to rely at the hearing; and

[flintstonefreddie]

Re: mkpd llp court forms need help after submitting defence

once again many thanks for your help Flaming Parrot i will post any further contact from them or the court :cheer2: