No reply to CPR31.14 request

[jansyner]

Hi all.
I posted just over a week ago. I had received a court order on 08/06/15, here is a copy of the POC:

"The claimant claims the sum of 2,068.86 being monies due from the defendant(s) to HSBC Bank Plc under a bank account facility regulated by the consumer credit act 1974 and assigned to the claimant on 08/12/2011.
The defendant(s)'s account number was xxxxxx/xxxxxxxx. It was the term of the bank account that any debit balance would be repayable in full on demand. The defendant(s) has failed to make payment as required by the demand for payment sent by HSBC Bank Plc.
The claimant claims the sum of 2,068.86 and costs.
The claimant has complied as far as is necessary, with the pre-action conduct practice direction."

I acknowledged service straight away and sent my CPR 31.14 request, registered post on 12/06/15. In this I asked for any demand of payment and the notice of assignment.
I have received no reply. What should be my next step?
Thanks in advance.

[nemesis45]

Re: No reply to CPR31.14 request

Good morning, welcome!!

CPR31.14 can be chased up until the claim is allocated to a "track" in this
case the small claims track.

Who is the claimant please?

Did you receive the " Demand for Payment", if so when?
Is there a solicitor involved?

nem

[jansyner]

Re: No reply to CPR31.14 request

I'm guessing I need an outline of a defence that includes no reply to a CPR 31.14 request for documents, pertaining to a bank account. I have seen a couple that could be right on the site but am not entirely sure what's what. Any chance of pointing me in the right direction?

Again thanks in advance.

[jansyner]

Re: No reply to CPR31.14 request

OOps sorry Nem, Missed your reply.

The claimant is MKDP.
I have been hounded by them for some time so may have been issued a demand for payment but cannot recall, I have not replied to any mail or calls.
There is no solicitor involved at the moment.

Cheers.

[nemesis45]

Re: No reply to CPR31.14 request

I'm guessing I need an outline of a defence that includes no reply to a CPR 31.14 request for documents, pertaining to a bank account. I have seen a couple that could be right on the site but am not entirely sure what's what. Any chance of pointing me in the right direction?

Again thanks in advance.

Is there any other matters that can be used in your defence, e.g. statute barred, we need to know
when the letter demanding payment in full was issued.

nem

[jansyner]

Re: No reply to CPR31.14 request

I checked my credit report and the debt was less than 6 years old. I think this excludes statute barred?

[nemesis45]

Re: No reply to CPR31.14 request

Yes it does, when was the account defaulted?

nem

[jansyner]

Re: No reply to CPR31.14 request

It was just short of the 6 years by around 6 mths. I think it was in December '09.

[FlamingParrot]

Re: No reply to CPR31.14 request

Hi all.
I posted just over a week ago. I had received a court order on 08/06/15, here is a copy of the POC:

This is your other thread for reference: http://www.legalbeagles.info/forums/...DP-Help-needed

I'm guessing I need an outline of a defence that includes no reply to a CPR 31.14 request for documents, pertaining to a bank account. I have seen a couple that could be right on the site but am not entirely sure what's what. Any chance of pointing me in the right direction?

Again thanks in advance.

This is the generic defence based around lack of documents: http://www.legalbeagles.info/forums/...t-Court-Claims

However, any references to requests under s.77-79 of the CCA, i.e. items 10 and 11, wouldn't apply to a bank account.

Paragraph 12 refers to an extension of time to file your defence, this is something you can request from MKDP, saying that, since they have not complied with your request, you need more time to file your defence, would they kindly agree to a 28 day extension to file your defence as allowed under CPR 15.5. If they agree it's your responsibility to notify the court. This can be done by letter or email. :typing:

I checked my credit report and the debt was less than 6 years old. I think this excludes statute barred?

It was just short of the 6 years by around 6 mths. I think it was in December '09.

The default on your credit file is not always an accurate indication of SBd status as sometimes defaults are recorded late, others payments are made after default. With overdrafts the clock starts to run when the bank sends a final demand, i.e. recalls the overdraft. You may be able to get this information by contacting the Halifax. :thumb:

[jansyner]

Re: No reply to CPR31.14 request

Thanks Flaming Parrot.

[jansyner]

Re: No reply to CPR31.14 request

Hi again.
I filed my defence, an amended copy of the above standard form detailing that I had received no paperwork and no extension agreement. This was on 24/06/15. However, yesterday (27/06/15) I received a photocopy of the 'HSBC personal Banking Terms and Conditions' and what appears to be a copy of a default notice. This notice is addressed to me but there is no official bank heading, in fact no heading of any sort, and the amount mentioned in it is not the same as the amount mentioned in the claim form. The amount in the default notice is more than the amount being claimed (around £50). These documents reached me 5 days after the cut-off date.
I would just like to know where I stand seeing as I've already filed my defence? and whether this is an acceptable default notice in the first place?

All help gratefully received.

[FlamingParrot]

Re: No reply to CPR31.14 request

It would be good if you could remove all personal details and post up the default notice, it doesn't sound like a valid notice if it was not headed by the bank in the first place. If this was a current account they should have issued a final demand, did you request that in your CPR letter?

[jansyner]

Re: No reply to CPR31.14 request

Thanks Parrot. I'm not sure how to attach the file, I think I've done it but I'll keep trying if not!

I requested a Demand for Payment and The Notice of Assignment

I received this and a copy of the T&C's

[FlamingParrot]

Re: No reply to CPR31.14 request

Thanks Parrot. I'm not sure how to attach the file, I think I've done it but I'll keep trying if not!

I requested a Demand for Payment and The Notice of Assignment

I received this and a copy of the T&C's

You've succeeded in attaching the file. :thumb:

That is actually the demand for payment you refer to rather than a default notice. It looks like a computer printout from their records rather than a copy of the letter that was sent to you but it's likely the bank wouldn't have retained a copy of all letters sent. With overdrafts, the limitation period starts to run from the date the final demand is issued, in this case Feb 2010, so SBd is out of the question here but I think we'd already established that.

I'm not sure whether you'd have any arguments to defend this claim.

Are you in a position to offer a lump sum in full and final settlement? That could be an idea, otherwise you could be looking at a Tomlin order to avoid having a CCJ on record.

[jansyner]

Re: No reply to CPR31.14 request

Thanks, I wasn't sure if I could make something of the fact that the figures were different, or the fact that they were late with the records.
I wonder if it would be worth me making MKPD an offer in writing for a reduced amount with a suggestion that I could go bankrupt and pay nothing? I've read somewhere about that but wasn't sure if it was worth giving that a try.