Help needed with CPR 31.14 response

[Amethyst]

Re: Help needed with CPR 31.14 response

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

Feel free to ask any questions at all we'll help you as much as we can.

Now one thing to bear in mind is this is the particulars of claim

Particulars of claim: The claimant claims payment of the overdue balance due from the defendant(s) under a contract between the defendant(s) and Lloyds Banking Group dates on or about xx/xx/2009 and assigned to the Claimant on xx/xx/2013 in the sum of 12xxx.xx
Particulars a/c no: xxxxxxxxxxxxxxx
Date. Item. Value
xx/xx/2014 Default Balance 12xxx.xx

So you can really only ask for the contract/agreement and possibly the notice of assignment (although they haven't mentioned that document particularly) They mention default balance but not default notice so I think it will be pushing it to ask for the default notice. Include in the application WS that you have asked for an extension to allow them time to supply the docs but they declined

You have also got the outstanding CCA request for the agreement as back up.

[Wigglebum]

Re: Help needed with CPR 31.14 response

Feel free to ask any questions at all we'll help you as much as we can.

Now one thing to bear in mind is this is the particulars of claim


So you can really only ask for the contract/agreement and possibly the notice of assignment (although they haven't mentioned that document particularly) They mention default balance but not default notice so I think it will be pushing it to ask for the default notice. Include in the application WS that you have asked for an extension to allow them time to supply the docs but they declined

You have also got the outstanding CCA request for the agreement as back up.

Thanks Amethyst. That was what the lawyer was sort of getting at too I suppose. Do they ever say, we will provide you with x but not y or is it an all or nothing approach? I specifically want to see the assignment (not that I'd know one if saw one) as I want to know that the claimant has the legal ownership of the debt. I guess if they do I will gave to accept and make an offer. I do have a change of agent doc from the Claimant. Is that the assignment? It feels wrong that you can submit a court claim without having to evidence that you are the person that is owed the money. Maybe I'm just being really naive.

Thanks again for all your help and support.

[Wigglebum]

Re: Help needed with CPR 31.14 response

Hi everyone, I have some further questions, do I need to start a new thread for each issue, or can I post on here as it's all related?

[Amethyst]

Re: Help needed with CPR 31.14 response

Post on same thread, if no one checks in after a few hours it's fine to pm someone to take a look. xx

The main bit you want (or don't want) is the original contract/agreement.