Mortimer Clarke - confirm account on hold - action to take

[pebbles1]

Hi there hope you can give me some advice on what action to take. I have received a letter of response from Restons Solicitors in respect of my request pursuant to CPR 31.14 stating that as the claim was issued via the county court business centre they are only required to insert brief details of the claim and they do not have to attach any enclosures. They go on to say that as claim started online they do not have to attach particulars of the contract unless the particulars are served separately in accordance with paragraph 5.2 of this practice direction. They say that I would have been provided with a copy of the contractual terms and conditions at the time the account was opened and see no reason why I should now require an additional copy. Furthermore, other documents I requested are not mentioned in particulars of claim so CPR31.14 does not apply. They say that the particulars of the claim is sufficient information for me to file my defence. I would really appreciate any advice on how to reply to this - I have to file my defence by 10th October. Many thanks

[Guest]

Re: Restons - Cabot - refuse CPR 31.14 request

Be better if you stuck to your original thread and we would still need to see the POC

http://www.legalbeagles.info/forums/...ht=#post472636

[pebbles1]

Re: Restons - Cabot - refuse CPR 31.14 request

Hi sorry this is my first post! What do you mean by POC?��

[pebbles1]

Re: Restons - Cabot - refuse CPR 31.14 request

Hi again sorry I understand what you mean now!! �� POC states the claimant claims payment of the overdue balance due from the defendant(s) under a contract between the defendant(s) and Vanquis dated on or about 91/11/07 and assigned to the claimant on 14/92/2012 in the sum of 966.87

[pebbles1]

Re: Restons - Cabot - refuse CPR 31.14 request

Hi again - please can anyone give me advice on how to reply to the above??

[Kafka]

Re: Restons - Cabot - refuse CPR 31.14 request

How many threads do you have for this claim?
You need to start one thread and put all the details there before anyone can advise really.

[Kafka]

Re: Restons - Cabot - refuse CPR 31.14 request

Assuming that this is the main thread, can you provide the background with a timeline of events please?

[pebbles1]

Re: Restons - Cabot - refuse CPR 31.14 request

Hi yes this is the only thread. Received claim form on 13/9/14 claimant Cabot / Restons. Filed acknowledgement of service on 23/09/14 and sent CPR request to Restons on same date. Received reply from Restons yesterday - details in previous post. Really dont know where to go from here - any advice would be appreciated.

[pebbles1]

Mortimer Clarke - confirm account on hold - action to take

Hi there - I have received a letter from Mortimer Clarke today stating they are still waiting for the documentation I requested under part 31.14 and confirm my account is on hold and no further action will be taken. They will send me any documents as soon as they can.
They have already extended by 28days and I'm due to file my defence by 3/10/14. Does this mean that I just have to notify the court of their confirmation of account on hold etc or do I still have to file a defence. Thank you!!

[Amethyst]

Re: Mortimer Clarke - confirm account on hold - action to take

Hi Pebbles, you should still get your defence in... sorry I've only just seen this !

I'll get linkk for basic defence based on non production of documents.

You can get it in online or email before 4pm

[Amethyst]

Re: Mortimer Clarke - confirm account on hold - action to take

Go through the defence example of this thread and amend to suit your case.

http://www.legalbeagles.info/forums/...t-Court-Claims

I'll try find your earlier posts to give me a better idea where you are at.

[Amethyst]

Re: Mortimer Clarke - confirm account on hold - action to take

Damn I merged the threads but you have two different court claims at the moment ? Ouchy. Let me know and I'll un merge them again.