Help needed with CPR 31.14 response

[Wigglebum]

Re: Help needed with CPR 31.14 response

I agree with FP (upto a point) An unless order is a good idea except it will cost money to make the application AND time is short, because the OP is a LiP my suggested route will be quicker AND the court may make an order of its own instructing the claimants to comply with the CPR request thereby costing the OP nothing. In addition it puts the evidence of their refusal in front of the court sooner AND it doesn't require a change of court time or date (courts hate moving dates as it mucks their golf dates (only kidding your Honour)

Last but not least when the court is convened, at the original time & date, & the Judge finds they have still not complied they'll be well & truly peed off with them. The Judge may even put themselves on inquiry & agree the claim is TB'd strike them out & award the OP costs

Thank you righty, I'm not quite clear what you are suggesting, can I just ask a couple of question? Do you think that I should not submit a defence, just inform the court? I think this is probably what they want, so that they can go for a judgement by default/non submission. Wouldn't it be very risky? Also, what is an LiP?

Ive spoken to the court in between posts and they have recorded the non compliance with CPR31.14 and they did say that I needed to mention it in my defence as the judge would not view this favourably. Thank you for posting, I really appreciate you taking the time.

[righty]

Re: Help needed with CPR 31.14 response

Make a simple defence statement Stating

"I Apologise to the court but I am unable to prepare and submit my defence to the court because the creditor continually refuses to comply with my CPR 31.14 request as evidenced in their letter dated / /2014 and which I have enclosed as evidence (EV!)"

Then sign it as a statement of truth

AND send their lawyers a copy:tinysmile_twink_t2:

[righty]

Re: Help needed with CPR 31.14 response

Also write a transcript/statement of your telephone conversations with them. Don't forget to include the date & time of the calls

[Wigglebum]

Re: Help needed with CPR 31.14 response

Make a simple defence statement Stating

"I Apologise to the court but I am unable to prepare and submit my defence to the court because the creditor continually refuses to comply with my CPR 31.14 request as evidenced in their letter dated / /2014 and which I have enclosed as evidence (EV!)"

Then sign it as a statement of truth

AND send their lawyers a copy:tinysmile_twink_t2:

Thank you Righty. I've already reiterated my conversation back to lawyers and asked today for them to comply with both CPR 31.14 and 15.5, they've verbally said no to both, but not confirmed it in writing.

The very nice court lady told me to submit a N244 and a defence. I understand you are wanting to save me money and a really appreciate that and all your advice, but it think that I should follow courts recommendations, too. I can't understand why the Lawyers won't supply the documents? Surely it would seal the deal for them and ensure that the judgement goes in their favour, or am I bring a bit naive? They are making my head spin today

[Wigglebum]

Re: Help needed with CPR 31.14 response

Also write a transcript/statement of your telephone conversations with them. Don't forget to include the date & time of the calls

Thank you, I did that today too.
I really can't thank you and the others enough for replying. I was feeling really overwhelmed by it all. Whilst I might have been a bit weak, I couldn't have made the phone calls with out your support. I'm truely grateful. Xxx

[righty]

Re: Help needed with CPR 31.14 response

OK but please remember the 'nice court lady' is not legally qualified & shouldn't be giving legal advice as they will often tell LiP's

[Wigglebum]

Re: Help needed with CPR 31.14 response

OK but please remember the 'nice court lady' is not legally qualified & shouldn't be giving legal advice as they will often tell LiP's

Oooo, gulp.....this is where I start to get twitchy. I understand what you are saying about the embarrassed defence statement, essentially that really is all I can put, but shouldn't i do the n244 as well? Wouldn't a judge expect it? What if the lawyers respond to requests after I've submitted my statement to the courts, can I add to my defence?

Ps Whats a LiP?

Sorry for for all the questions. Have a moment.......:tinysmile_cry_t:

[righty]

Re: Help needed with CPR 31.14 response

LiP = Litigant in Person

[mystery1]

Re: Help needed with CPR 31.14 response

Given the value of this claim, I'd say an unless order would be worth applying for, in preference to the embarrassed defence, however, I'd say the first thing to do would be to contact them asking to agree to an extension. You have to show you've taken every possible step to make them comply and they haven't. Also this is fast track so the usual excuse that "Part 31 doesn't apply to small claims and this will be allocated... :blah: :blah: :blah:" won't be an option here. :thumb:

http://www.legalbeagles.info/forums/...order-at-court

Anything else is boll0cks.

[Wigglebum]

Re: Help needed with CPR 31.14 response

http://www.legalbeagles.info/forums/...order-at-court

Anything else is boll0cks.

Thank you" have read Amethysts guidance and it says that the N244 must be submitted Before the deadline for defence. My deadline is tomorrow, so that would be tonight, I guess, or could I do it in the morning then submit my defence in the afternoon? So confused now.

[mystery1]

Re: Help needed with CPR 31.14 response

Tomorrow is fine. I wouldn't enter a defence. You either have enough to defend or you don't and make an application and included in that is a request for extra time to defend.

M1

[Wigglebum]

Re: Help needed with CPR 31.14 response

Tomorrow is fine. I wouldn't enter a defence. You either have enough to defend or you don't and make an application and included in that is a request for extra time to defend.

M1

Im probably missing the point here, but surely if I don't submit a defence, the lawyers will just ask for a default judgement? Shouldn't I put something in the box, even if it's only saying that they've not complied with CPA so I've had to request an order for compliance by the Claimant via a N244?

[Amethyst]

Re: Help needed with CPR 31.14 response

http://www.legalbeagles.info/forums/...order-at-court

Anything else is boll0cks.

Completely agree with M1, for a fast track claim then an unless order is your best option, particularly if they have denied your reasonable request for an extension.

I also agree with Righty, in that court staff are quite well known for giving duff advice, BUT you should ring the court when you put in the application (you'll have to ring them to pay anyway - and you can put in the application by email) and tell them to note on your file that you have made an application and to put a bar on default judgment being entered.

[mystery1]

Re: Help needed with CPR 31.14 response

Im probably missing the point here, but surely if I don't submit a defence, the lawyers will just ask for a default judgement? Shouldn't I put something in the box, even if it's only saying that they've not complied with CPA so I've had to request an order for compliance by the Claimant via a N244?

By making your application you are partaking in the process and are ahead of their application and so would be dealt with first. I've not heard of a judge not giving a new defence due date even when they refuse the rest of the application.

M1

[Wigglebum]

Re: Help needed with CPR 31.14 response

Thanks both, I'm just writing my witness statement now. It's all very daunting.