MKDP LLP Court Claim Allocated to Small Claims

[alfonso]

I am looking for some assistance. I received a Court Claim form from MKDP LLP through Northampton CCBC back in March 2014, for around £600.00. This relates to a bank account which was held with HSBC Bank, where I stopped banking in 2008. I have defended this claim in full and have gone through the process to the point where this case has now been allocated to the Small Claims track at my local county court. The problem here is that my Defence relies on my numerous CPR 31 requests, which were made in writing to MKDP LLP prior to track allocation and each of which was ignored by MKDP LLP. Now that this has been allocated to the small claims track, does that make my CPR 31 requests useless? I don't see how I can defend a claim which I deny, without sight of the documents that they build the claim on and refer to in the particulars of the claim. I am currently preparing my final witness statement prior to the hearing as directed by the judge, but I am desperate to know if I can still enforce these CPR 31 requests. I now only have a couple of days left to submit my response before the deadline set my the judge.

Any advise is most welcome.

Your in desperation.

Alfonso.

[FlamingParrot]

Re: MKDP LLP Court Claim Allocated to Small Claims

Welcome to LB

I am looking for some assistance. I received a Court Claim form from MKDP LLP through Northampton CCBC back in March 2014, for around £600.00. This relates to a bank account which was held with HSBC Bank, where I stopped banking in 2008.

You didn't submit a Statute barred defence, did you? If this was an overdraft and the claim was issued in March, it was very likely not yet SBd.

I have defended this claim in full and have gone through the process to the point where this case has now been allocated to the Small Claims track at my local county court. The problem here is that my Defence relies on my numerous CPR 31 requests, which were made in writing to MKDP LLP prior to track allocation and each of which was ignored by MKDP LLP. Now that this has been allocated to the small claims track, does that make my CPR 31 requests useless?

Pretty much, yes, since Part 31 of the CPR does not apply to small claims. We use Part 31 prior to allocation, since an unallocated claim can be assumed to be fast track. Normally you'd have sent just ONE CPR request and possible a number of reminders and/or requests for an extension. :noidea:

I don't see how I can defend a claim which I deny, without sight of the documents that they build the claim on and refer to in the particulars of the claim. I am currently preparing my final witness statement prior to the hearing as directed by the judge,

What is it that you deny about the claim? Didn't you have an overdraft facility on your account or did they allow you to go well over your arranged O/D limit? Was the balance made purely of charges? Those are the arguments you can normally use to defend a current account O/D.

[FlamingParrot]

Re: MKDP LLP Court Claim Allocated to Small Claims

but I am desperate to know if I can still enforce these CPR 31 requests. I now only have a couple of days left to submit my response before the deadline set my the judge.

No, but that doesn't mean they don't have to produce any documents. Part 27 of the CPR says: 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

This being a current account, what sort of information were you hoping to obtain from the documents you have not been supplied with?