Restons Solicitors & ME III Ltd

[xxjennxx]

County Court Defence Help

Starting a new thread as advised in the template section

I have sent out the CCA and CPR 31.14 via special delivery both parties have received and not replied within the time frame.

I have filled int he defence template which I have attached. I have made comments in red forgot

Can I just print this off and attach it to the N9B section of the claim form?

If anyone can help me today it would be much appreciated

[xxjennxx]

Re: Reston County Court Claim

I have filled in the defence template I have queries in red
[MENTION=55034]nemesis45[/MENTION] can you help?

[xxjennxx]

Re: Reston County Court Claim

Can someone help me with my defence?

ME III have not replied within 12 days to the CPR sent on 19.08.16 I have the recorded delivery receipt when checked to see if they've received it they signed it Cabot!

CPR 31:14 has been recieved by Restons on the 08.09.16

please help

[xxjennxx]

Re: Reston County Court Claim

[MENTION=42011]Nem[/MENTION] I have just re read the POC and it says the following

The claimant claims payment of the overdue balance from the Defendant under a contract between the defendant and argos card services dated on or about Nov 02 2006 and assigned to the claimant on June 24 2016

I never received anything from Argos to tell me they had passed the debt on to ME III in June 2016 and how can they say the contract dated on or about Nov 2006 surely they should know when I took the contract out?

[nemesis45]

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?

CPR 31.14 is for the documents specifically mentioned in the POC nothing else.

nem

[xxjennxx]

Re: Reston County Court Claim

Thanks R0b do I need to write again to ME III as they haven't replied to my CPR letter or cashed the cheque

[Diana M]

Re: Reston County Court Claim

I can see your point but one has to be acutely aware of the potential for a DJ to say "rules is rules" when deciding whether a CPR (such as 31.15 (c)) has been complied with.

I expect one could argue what is a "reasonable" cost to provide the copies to the requesting party in this modern day and age.

I would definitely challenge any invoice which included the cost of a drone to deliver the relevant documents to my office

Di

[R0b]

Re: Reston County Court Claim

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.

I personally cannot see how it is a requirement for that wording to be included otherwise your right for disclosure is lost. What if the disclosure is made by email, are they entitled to scanning costs and email costs, and if so how does that work out?
The CPR does not specifically state that it must be mentioned when making a request for disclosure, just that they undertake to pay. The undertaking could even be made after the other side have calculated their reasonable copying costs after some negotiation - so it does not need to be in the initial letter.

If we are being a stickler here, the letter doesn't stipulate how the copies are to be made, there could be disclosure by email and therefore no costs will arise out of this - no losses for ink or paper and i'd love to hear how you can claim costs on scanning or emailing a document when that function is already built into the printer itself!

Equally the fact that the letter is titled request for documents under CPR 31.14, could be inferred as saying that the person requesting the documents is aware that reasonable copying costs are applicable and already agreed when sending the letter. If they disagreed, then they wouldn't have sent the letter in the first place.

Its the equivalent of saying that a claim must be struck out because the particulars of claim refers to fraudulent misrepresentation and not the proper term, tort of deceit - things like that are a nonsense. Even if someone could argue something as silly as that, the OP could simply say on the day that they undertake to pay copying costs, or alternatively request no costs are required if sent by email.

At the very best, its a minor, minor procedural error which can be easily corrected so its not fatal to any application and there are far worse breaches in which relief has been granted such as cases not being struck out where trial bundles have not been served or the incorrect fees have been paid.

@xxjennxx Just reference the Agreement (account number XXXX). For ME II to legally sue you, the agreement must have been legally assigned to them and it is a requirement for you to be notified of such an assignment. A formal demand I am presuming is a demand to pay the outstanding balance.

[xxjennxx]

Re: Reston County Court Claim

Is anyone able to help me with the above?

[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?

[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.

[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

[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???

[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. "

[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