Restons Solicitors & ME III Ltd

[xxjennxx]

Re: Reston County Court Claim

Hi Nem

I am back from my holiday now and raring to get on with a defence.

I sent ME III a CCA request via special delivery on 19 August with a cheque for £1 I haven't heard anything from them and they haven't cashed the cheque!

I have just filled in the Acknowledgment of Service and scanned and emailed in to the court I'm not able to complete online as the case ref and password are wrong. I spoke to someone that suggested emailing it.

I'm now writing to Restons to request the CPR 31.14 using the template from this website. I will be saving this as a pdf and sending it directly to the person who has written to me. In the letter I have requested the confirmation of their bank details so I can pay the £1 direct.

The only thing that is confusing me with regards to the CPR 31.14 is the court date. I can't see on the claim form where it tells me what the court date is. Is it 14 days from the issue date which is the 16th August or now is it 28 days from today when I sent the Acknowledgement of Service?

Thanks

Jenn

- - - Updated - - -

I've got mixed up with my days 14 days from the 16 August was yesterday I thought it was tomorrow am i too late now?

[Kati]

Re: Reston County Court Claim

I've got mixed up with my days 14 days from the 16 August was yesterday I thought it was tomorrow am i too late now?

It's 33 days from date of issue on the claim form (5 for service and 28 before the defence is due), you can check your dates here - http://www.timeanddate.com/date/dateadd.html
K xx

[xxjennxx]

Re: Reston County Court Claim

33 days from the date of issue is Sunday 18 September daft question but is court open Sunday? Would it be Monday 19th?

[nemesis45]

Re: Reston County Court Claim

Hi Nem

I am back from my holiday now and raring to get on with a defence.

I sent ME III a CCA request via special delivery on 19 August with a cheque for £1 I haven't heard anything from them and they haven't cashed the cheque!

I have just filled in the Acknowledgment of Service and scanned and emailed in to the court I'm not able to complete online as the case ref and password are wrong. I spoke to someone that suggested emailing it.

I'm now writing to Restons to request the CPR 31.14 using the template from this website. I will be saving this as a pdf and sending it directly to the person who has written to me. In the letter I have requested the confirmation of their bank details so I can pay the £1 direct.

The only thing that is confusing me with regards to the CPR 31.14 is the court date. I can't see on the claim form where it tells me what the court date is. Is it 14 days from the issue date which is the 16th August or now is it 28 days from today when I sent the Acknowledgement of Service?

Thanks

Jenn

- - - Updated - - -

I've got mixed up with my days 14 days from the 16 August was yesterday I thought it was tomorrow am i too late now?

14 days from the date on the claim for so you have acknowledged in time giving a further 14 days to file your defence 28 in total from the issue date on the claim form.
Use a postal order for the £1 fee, mark it " For statutory fee only" and make a copy for your records this gives you a secure paper trail.

What you have received is A Claim Form Not a Summons to attend a court hearing the process will go forward and then a hearing date will be set.
nem

CPR 31.14 has a nominal 7 days for compliance. The CCA request statutory time scale is 12 + 2 Working Days not calendar days.

[xxjennxx]

Re: Reston County Court Claim

Use a postal order for the £1 fee, mark it " For statutory fee only" and make a copy for your records this gives you a secure paper trail.

CPR 31.14 has a nominal 7 days for compliance. The CCA request statutory time scale is 12 + 2 Working Days not calendar days.

Do I need to send the court a £1 fee?

what if ME III don't reply to the CCA request and don't cash the cheque do I need to write to them again?

[Diana M]

Re: Reston County Court Claim

I can't see any post on your thread which confirms the Issue Date of the summons.

You have 19 days from the Issue Date to file your AOS.

You have 33 days from the Issue Date to file your Defence.

If any of those deadlines fall on a Saturday or Sunday (or a Bank Holiday) then the next working day (by 4 pm) would normally become the deadline.

When you call the NCCBC for information please be aware that they are not legal advisers so it's best not to rely on what they tell you.

Di

[xxjennxx]

Re: Reston County Court Claim

Hi Di

the date of issue was August 16th so I've filed the AOS in time panic over

[xxjennxx]

Re: Reston County Court Claim

Do I send Restons a £1 cheque as well as ME III??

[nemesis45]

Re: Reston County Court Claim

Do I send Restons a £1 cheque as well as ME III??

There is No Fee for a CPR31.14 request.

nem

[xxjennxx]

Re: Reston County Court Claim

There is No Fee for a CPR31.14 request.

nem

Oh right, I thought this section of the letter meant I was responsible for the costs

"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. "

[MIKE770]

Re: Reston County Court Claim

if they have to copy something for you that refers to they may charge you i.e. 20 pence a copy???

[nemesis45]

Re: Reston County Court Claim

Oh right, I thought this section of the letter meant I was responsible for the costs

"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 can safely leave that out.
nem

[Joanna C]

Re: Reston County Court Claim

You must include the part "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. ".

If you don't include it in your CPR 31.14 request then you have no right to insist on disclosure of the documentation because CPR 31.15 says that where a party has a right to inspect a document

31.15 Where a party has a right to inspect a document–
"31.15 (c) that party may request a copy of the document and, if he also undertakes to pay reasonable copying costs, the party who disclosed the document must supply him with a copy not more than 7 days after the date on which he received the request".

It is extremely unlikely that the claimant would try to charge a LIP for the production of the documentation but without your undertaking to pay you wouldn't be successful if you had to make an application.

[xxjennxx]

Re: Reston County Court Claim

Can someone help me with the wording in a paragraph for the CPR 31.14 the template says the following

To enable me to file my defence, I require inspection of documents you mention in your statement of case ahead of filing my defence

1. Agreement/contract
2. default notice
3. assignment
4. formal demand

The reason I ask is that on the claim form the particulars of claim don't really explain anything as mentioned in an above reply it says
Date: 06.07.16
Item: Default balance
Value: £992.43
Post Refrl Cr NIL
Total: £992.43

They have put the account number so do I just ask for the agreement/contract for the account number and put the date it defaulted? I don't understand what assignment or formal demand is

I also haven't heard back from ME III and they still haven't cashed the cheque, my sister posted the them special delivery whilst I was on holiday but didn't keep the info!!! Shall I send them another letter and cheque and cancel the other one?

[xxjennxx]

Re: Reston County Court Claim

Is anyone able to help me with the above?