CPR letter template

**pt2537** · 18th December 2014, 20:35:PM

Re: CPR letter template

Originally posted by desidereo View Post

particulars of claim
Issue Date: 12-12-2014
Amount approx: 1419.73
Claimant: lowell portfolio
Solicitor: bryan carter solicitors
Original Credit: lloyds bank

Particulars of Claim:
THE CLAIMENTS CLAIM IS FOR THE SUM OF £1175.67 BEING MONIES DUE FROM THE DEFENDANT TO THE CLAIMANT UNDER AND AGREEMENT REGULATED UNDER THE CONSUMER CREDIT ACT 1974 BETWEEN THE DEFENDANT AND LLOYDS
UNDER ACCOUNT REFERENCE 30125210113868
AND ASSIGNED TO THE CLAIMANT ON 03/07/2013 NOTICE OF WHICH HAS BEEN GIVEN TO THE DEFENDANT
THE DEFENDANT FAILED TO MAINTAIN CONTRACTUAL REPAYMENT UNDER THE TERMS OF THE AGREEMENT AND A DEFAULT NOTICE HAS BEEN SERVED WHICH HAS NOT BEEN COMPLIED WITH
AND THE CLAIMANT CLAIMS 1175.67
THE CLAIMANT ALSO CLAIMS STATUTORY INTEREST PURSUANT TO S.69 OF THE COUNTY COURT ACT 1984 AT A RATE OF 8% A ANNUM FROM THE DATE OF THE ASSIGNMENT OF THE AGREEMENT TO DATE BUT LIMITED TO A MAXIMUM OF ONE YEAR AND A MAXIMUM OF 1000 AMOUNTING TO 94.06

there is a part in the cpr letter that im struggling with the date where i ask them to get them to give me the information by To enable me to file my defence and/or counterclaim, I require inspection of documents you mention in your statement of case ahead of filing my defence on 30/12/ 2014. (put this date)

then there is the bit that asks us to put the bits about NB: ONLY LIST HERE DOCUMENTS THAT ARE MENTIONED IN THE PARTICULARS OF CLAIM ON THE FRONT OF THE CLAIM FORM - eg. IF THEY DON'T MENTION ' DEFAULT NOTICE' YOU CANNOT ASK FOR IT UNDER CPR 31.14, IF THEY MENTION CONTRACT rather than AGREEMENT - ask for the CONTRACT...IF IN DOUBT TYPE OUT THE PARTICULARS OF CLAIM AND ASK ON THE FORUM.( and remove this paragraph too!!!!)
for EXAMPLE
1. Agreement / Contract
2. Default Notice
3. Assignment
4. Formal Demand
(Above these are the examples from the template letter)

From the particulars on my claim i put this in my draft letter can you guys help me with this bit .

1. Agreement/contract regulated by the consumer credit act 1974 between defendant and Lloyds under reference 301352xxxxx
2. Assignment (to the claimant 03/07/2013)
3. Details of the contractual repayment under the terms of the agreement .
4 .Default notice .
5. Statutory interest pursuant to s.69 of the county court act 1984.
In accordance with CPR 31.15(c) I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.
Thank you in advance

Are you also asking for an extension of time under CPR Rule 15.5? if not then id include a request for an agreed extension to allow time for disclosure to occur, and for a reasonable period thereafter to allow for your defence to be drafted.

**Darren Smith** · 18th December 2014, 20:45:PM

Re: CPR letter template

Im not sure if i have asked for more time ? i have just filled in the template as best as i could according to my particulars of the claim i started the thread with does this look ok and does what ive asked for make sense . if im to ask for more time how do i do that ?
Dear Sirs/Maddams

Claim Number: xxxxxxxissued on 12 December 2014

Request for documents mentioned in a statement of case under CPR 31.14

On 16/12/2014 I received a County Court claim from yourselves of which I have acknowledged receipt indicating my intention to defend in full.

To enable me to file my defence and/or counterclaim, I require inspection of documents you mention in your statement of case ahead of filing my defence on 30/12/ 2014. (put this date as it is 2 weeks after i received the claim form )does that look ok to you guys?
1. Agreement/contract regulated by the consumer credit act 1974 between defendant and Lloyds under reference 301352xxxxx
2. Assignment (to the claimant 03/07/2013)
3. Details of the contractual repayment under the terms of the agreement .
4 .Default notice .
5. Statutory interest pursuant to s.69 of the county court act 1984.
In accordance with CPR 31.15(c) I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.

You should note that this claim has not yet been allocated to a specific track and the provisions of CPR 27(2) are of no effect. Had your claim not been issued through CCBC the Claimant would have been obliged to attach copies of the documentation upon which it relies to the Particulars of Claim. I , as Defendant, am entitled to see the documents on which the Claimant relies and which you will have to produce at trial. Disclosure at this stage will enable me to fully plead my case and further the Overriding Objective.

You should ensure compliance with your CPR 31 duties and ensure that the document(s) I have requested are copied to and received by me within 7 days of receiving this letter.

If you require more time in which to comply with this request you must tell me in writing and confirm your agreement to an extension of the time allowed for me to file my defence as allowed under CPR 15.5 so I may notify the court.

I look forward to hearing from you.

Yours sincerely

**pt2537** · 18th December 2014, 20:58:PM

Re: CPR letter template

May i ask if you have made any requests under s77-79 Consumer Credit Act 1974?? . This is where you write to the creditor asking for a copy of the agreement with the fee of £1.00?

**Darren Smith** · 18th December 2014, 21:12:PM

Re: CPR letter template

yes I've sent that today, the site owner directed me to that and provided me with the templates in a seperate thread im just trying to clear up this letter so i can get it in the post .
just want to know about the date i should put on the letter that im filing my defence
and also accroding to the particulars of the claim listed at the start of this thread have i listed all the documents i require or have i written a load of nonsense ?

CPR letter template