What happens if claimant does not send documentation within 7 days of CPR???

[LJL]

Hi,

I sent off a CPR request to the claimants solicitor (recorded delivery) and have not recieved anything back as of yet. They do have a couple of days left to respond but as i will need to file my defence by next Wednesday (10th Feb) i was wondering what i would need to do if they did not send anything back?

Or if they do send some documentation that backs up my original thoughts that the debt is indeed statute barred, what is the next process and how do i word my defence?

Any help i greatly recieved.

[charitynjw]

Re: What happens if claimant does not send documentation within 7 days of CPR???

The most important thing is the court's timetable.

Make sure you get a defense to court well before the deadline.

If the claimant's solicitor doesn't respond in timely fashion, it won't bode well for them in court.

Is this a CCA situation?

[LJL]

Re: What happens if claimant does not send documentation within 7 days of CPR???

The most important thing is the court's timetable.

Make sure you get a defense to court well before the deadline.

If the claimant's solicitor doesn't respond in timely fashion, it won't bode well for them in court.

Is this a CCA situation?

Hi,

Yes it is. How do i respond to the court? I intended to defend the claim in full as i believe the debt to be statute barred but as it is an overdraft issue i was not 100% sure (even though it is 7 years since i had anything from the bank)?

Thanks

[charitynjw]

Re: What happens if claimant does not send documentation within 7 days of CPR???

How did you acknowledge court?

MCOL?

[LJL]

Re: What happens if claimant does not send documentation within 7 days of CPR???

Yes.

[LJL]

Re: What happens if claimant does not send documentation within 7 days of CPR???

Anyone?

I need to respond to the county claim but have not recieved any documentation from the claimant (claimants solicitor) after sending CPR request?

Do I just defend claim in full and explain that i have no knowledge of the debt and believe the debt the claimant may be referring to would be statute barred and that the claimant has failed to respond to my CPR request within a reasonable amount of time (7 days were given) and without this information I cannot see how the claimant can make a valid claim?

Any help would be great!

[Amethyst]

Re: What happens if claimant does not send documentation within 7 days of CPR???

Hi there

If they fail to respond to you with documents then you should put in your defence saying so - http://www.legalbeagles.info/forums/...t-Court-Claims is a good starting point.

Is the claim under £10k ? Just if it is over you might be able to make an application to court to force compliance with the CPR request, but under £10k it's not usually allowed.

Sharon
xx

[LJL]

Re: What happens if claimant does not send documentation within 7 days of CPR???

Hi there

If they fail to respond to you with documents then you should put in your defence saying so - http://www.legalbeagles.info/forums/...t-Court-Claims is a good starting point.

Is the claim under £10k ? Just if it is over you might be able to make an application to court to force compliance with the CPR request, but under £10k it's not usually allowed.

Sharon
xx

Hi Sharon,

It's for around £500. It was overdraft fees that mounted up and up after i changed banks. I refused to pay as i didnt feel they were entitled to £25 for kicking back a direct debit (which i forgot to cancel), which sent me over my agreed limit (didn't have an overdraft but had no money in that account to cover the DD.

This is why it is a little tricky as i have not had anything from my bank in over 7 years but have received letters from Lowells for the ;ast 3years and have never acknowleged the debt with anyone. I think this is a last ditch effort on their part without the correct documentation to hand?

[LJL]

Re: What happens if claimant does not send documentation within 7 days of CPR???

Hi Sharon,

I have read the link, can you clarify if section 77 or 78 of the credit act relate to overdrafts? If not, which section does?

Many thanks

[Amethyst]

Re: What happens if claimant does not send documentation within 7 days of CPR???

For overdrafts, neither does. You will basically be arguing that they have not provided you with the evidence that they have the legal right to claim the debt and have not complied to your request for copies of the agreement, terms, assignment and default notices. Also add in there is no detail as to how the sums have been calculated - plus

as i have not had anything from my bank in over 7 years

Argue that the debt is statute barred ( section 5 Limitations Act 1980 )
AND we should add in a bit about the debt being made up of charges due to unfair terms of the bank ref

. It was overdraft fees that mounted up and up after i changed banks

I'll dig out a couple paras which might help

[LJL]

Re: What happens if claimant does not send documentation within 7 days of CPR???

For overdrafts, neither does. You will basically be arguing that they have not provided you with the evidence that they have the legal right to claim the debt and have not complied to your request for copies of the agreement, terms, assignment and default notices. Also add in there is no detail as to how the sums have been calculated - plus

Argue that the debt is statute barred ( section 5 Limitations Act 1980 )
AND we should add in a bit about the debt being made up of charges due to unfair terms of the bank ref I'll dig out a couple paras which might help

You angel you!

Just reading a few other threads. Did i need to send a £1 fee with my CPR request? Others have stated a £1 fee should be sent with a CCA request but not sure if this would be a reason for them not to send documents?

I did state: In accordance with CPR 31.15(c) I undertake to be responsible for yourreasonable copying costs incurred in complying with this CPR 31.14 request.

Is this OK?

Thanks

[Amethyst]

Re: What happens if claimant does not send documentation within 7 days of CPR???

Yes that's fine. the £1 only needs to go with the CCA request. If they want to be arses and charge you for photocopying docs for the CPR request response they will have to spend more on writing to you to tell you so, than it'd cost them in copying .... xxx

I will find those para's.....

[Amethyst]

Re: What happens if claimant does not send documentation within 7 days of CPR???

Ok, couldn't find what I wanted so written them ... don't think you should go into too much detail but for the moment it just needs to include reference to 5(1) UTCCR.

SO take out the CCA 77/78 stuff from the defence and work this in, then post up xxx

It is my contention the any debt arising from the alleged agreement is statute barred pursuant to section 5 of the Limitations Act 1980 in that I have had no contact from the original credit or any third party relating to the alleged agreement for over 7 years.

In addition, or in the alternative, it is my contention that any debt arising from the alleged agreement would have arisen directly due to unfair terms within the agreement that directly contributer to a significant imbalance in the parties' rights and obligations arising under the contract to the detriment of the consumer pursuant to 5(1) of the Unfair Terms in Consumer Contracts Regulations. Any debt would have arisen solely due to unfair charges added to the account creating an overdraft position which thus attracted further charges.

[LJL]

Re: What happens if claimant does not send documentation within 7 days of CPR???

Thank you so much Sharon...couldn't have done it without you!:tinysmile_twink_t2:

[LJL]

Re: What happens if claimant does not send documentation within 7 days of CPR???

UPDATE: I received a letter from claimants solicitor today (3 days short of a month after my CPR request letter was sent) stating:

We are requesting a copy of the credit agreement and statement from Lloyds TSB with whom you originally entered into the agreement together with the default notice. Whilst we endeavour to provide evidence of the debt as soon as possible, you will appreciate this is dependant upon receipt of the information from the original creditor therefore it is unlikely to be within the 7 day deadline in your letter.
Please find enclosed letter of conignment. (Which was attached).

Surely they should have all the above in order to file a court claim..,,unless they are chancing it?
I filed my defence on February 8th (which involved the fact the claimant did not produce the required documents in time etc)online and have not received anything from the county court since. When should I receive something and what is usually the next step?

Thanks