CCJ papers for old debt 6 years+ #all info included#

[CCJhelp]

Re: Strange reply regarding CPR 31.14, HELP!

Hi

Email the court with a scanned copy of the Claimant's letter accepting the 28 day extension.
In the email subject box, ME III Ltd v CCJhelp; Court Claim No XXXXXXXX
"Please find attached Claimant's acceptance of a 28 day extension" or words to that effect

I rung the court this morning to tell them. The women on the phone was next to useless. It appears my defence deadline is the 14th Jan not the 12th Jan as I originally thought so at least I have another couple of days yet. She seemed to be under the impression that my letter from ME III was just acknowledgement of the 28 days extension I already applied for, not a FURTHER extension. She told me to ring ME III to double check but I would rather have it all in letters. Do you think this letter was a further extension, giving me until some time in Feb to submit? Im so stuck with what to do from now after the letter they sent. What do I reply? By the time I send them another letter it will be my deadline date? This is the letter I recieved..... Please can someone help me with a reply? Do I just reply saying ' I have no documents relating to this, please send me all documents that you have relating to this? ' I just dont know what to say

' We acknowledge your request for documentation pursuant to CPR 31.14
We confirm our client is willing to agree to the extension of 28 days, for you to file your defence. Pursuant to CPR 15.5 (2) please notify the court in writing of the agreement.
CPR 31.14 relates to a right to inspect a document and can be distinguished from a standard disclosure of evidence during the court proceedings.
We believe that you may have already ''inspected'' the documents to which you make reference because on various dates in the past they would have been sent to you by another party such as the original creditor.
We would be grateful if you could confirm what documents you have in your possession or control relating to this matter to avoid duplication over document inspection. We will then take our clients instructions. '

[Brainmelt]

Re: Strange reply regarding CPR 31.14, HELP!

Hi
you have typed

'We confirm our client is willing to agree to the extension of 28 days, for you to file your defence. Pursuant to CPR 15.5 (2) please notify the court in writing of the agreement.'

Follow the good advice provided to you by Charity on what to do next. Also re send CPR request to the debt chaser. I would ignore them fishing for docs you may have and they don't. Admit nothing. Remind them of CPR rules - it is you right to see what they have. It is not their business what you may have had before - They have to prove the debt, that you are the person that owes the debt, and and that they have a right to chase and be paid the debt.

By reminding them the CPR is outstanding you are laying a paper trail which can be used as part of your defence (when you come to submit it) i.e. on the xxx you sent CPR, docs not provided. Further on the xxxa second CPR request made. doc's not provided etc. Keep all proof of postage.

This is all my personal opinion, and you may decide to do otherwise

[charitynjw]

Re: Strange reply regarding CPR 31.14, HELP!

CPR 15.5 is specifically for a further 28 day extension (to the usual 28 days + 5 for post = 33 days).
http://www.justice.gov.uk/courts/pro...l/rules/part15

[charitynjw]

Re: Strange reply regarding CPR 31.14, HELP!

Further to @Brainmelt's suggestion to a follow-up/response.

"I requested early disclosure per CPR Rules in order to assess my position in a timely manner. I consider your refusal tp comply as unreasonable & an abuse of process, especially with reference to the Overriding Objective"

That should give them pause for thought!

[Diana M]

Re: Strange reply regarding CPR 31.14, HELP!

I rung the court this morning to tell them. The women on the phone was next to useless. It appears my defence deadline is the 14th Jan not the 12th Jan as I originally thought so at least I have another couple of days yet. She seemed to be under the impression that my letter from ME III was just acknowledgement of the 28 days extension I already applied for, not a FURTHER extension.

Maybe that woman on the phone wasn't useless. Maybe she has been helpful

Firstly, if your Defence deadline is 14th January (which is a Saturday) you have until 4 pm on Monday to file it.

Secondly, I almost agree with her that the solicitor's letter may be ambiguous. Did you specifically ask for a further 28 day extension? It's clear they want/need more time, but do you?

They should have had the paperwork before they issued the claim.

It's difficult for me to comment because people like to litigate in different ways. And it's done differently according to not only the individual case circumstances but also whether it's likely to be allocated to the Small Claims Court or Fast Track (always mindful of costs with the latter). And it's definitely done differently when you're a LIP or when you have legal representation.

If the Claimant admits that they haven't got the documents then it can be a good to get on with things. Filing a Defence puts them under pressure. That way you take control of the situation not let the situation control you.

It's a matter of personal choice, but I know what I'd do

You now have three different threads on this claim so maybe you should ask @Kati to merge them because that would make it easier to follow what's going on now and what's gone on previously.

Other threads > http://legalbeagles.info/forums/show...021#post698021

and http://legalbeagles.info/forums/show...828#post698828

Di

[Diana M]

Re: Strange reply regarding CPR 31.14, HELP!

"I requested early disclosure per CPR Rules in order to assess my position in a timely manner. I consider your refusal tp comply as unreasonable & an abuse of process, especially with reference to the Overriding Objective"

That should give them pause for thought!

Well, if the OP sent the LB forum CPR 31.14 Request letter it says that they may have an extension of time if they need it. They imply that they do.

If they then agree to an extension it's difficult to accuse them of "an abuse of process" when they've only done what you told them to do (agree to any extension in writing)

Forum CPR 31.14 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."


Di

[charitynjw]

Re: Strange reply regarding CPR 31.14, HELP!

Well, if the OP sent the LB forum CPR 31.14 Request letter it says that they may have an extension of time if they need it. They imply that they do.

If they then agree to an extension it's difficult to accuse them of "an abuse of process" when they've only done what you told them to do (agree to any extension in writing)

Forum CPR 31.14 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."


Di

Lol!

I meant refusal to comply with disclosure, not refusing the extension!

:taunt:

[Kati]

Re: Strange reply regarding CPR 31.14, HELP!

You now have three different threads on this claim so maybe you should ask @Kati to merge them because that would make it easier to follow what's going on now and what's gone on previously.

Other threads > http://legalbeagles.info/forums/show...021#post698021

and http://legalbeagles.info/forums/show...828#post698828

Di

sorted:yox

[Diana M]

Re: Strange reply regarding CPR 31.14, HELP!

sorted:yox

Thank you so much

It makes life so much easier for anyone who wants to 'review the file'.

Di

[Diana M]

Re: Strange reply regarding CPR 31.14, HELP!

I meant refusal to comply with disclosure, not refusing the extension!

Well (again ), they didn't actually say they refused to comply with CPR 31.14. They said "if you show me yours, I'll show you mine" or words to that effect. They then went on to say the process will take 28 days.

What I found disturbing in that letter was the attempt to disguise a 'fishing expedition' as something which would be of mutual benefit (to avoid duplication).

They might have got away with that in the Fast Track where the parties exchange a List of Documents which the other side selects sight of like picking off a Chinese restaurant take-away menu.

Anyway, I think we are in agreement that the Claimant's solicitors are not entering into the spirit of transparency in court proceedings.

Di

[charitynjw]

Re: Strange reply regarding CPR 31.14, HELP!

Well (again ), they didn't actually say they refused to comply with CPR 31.14. They said "if you show me yours, I'll show you mine" or words to that effect.
As Brucie might have said, "Good game!"

They then went on to say the process will take 28 days.

What I found disturbing in that letter was the attempt to disguise a 'fishing expedition' as something which would be of mutual benefit (to avoid duplication).

They might have got away with that in the Fast Track where the parties exchange a List of Documents which the other side selects sight of like picking off a Chinese restaurant take-away menu.

Anyway, I think we are in agreement that the Claimant's solicitors are not entering into the spirit of transparency in court proceedings.
Agreed!
Shark infested waters.......& they are the sharks.

Di

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[CCJhelp]

Re: CCJ papers for old debt 6 years+ #all info included#

Hi,
Just checked my calendar and my defence is due today!!!!!!! So far, I have received 1 reply in regards to the CPR 31.14, which is posted in previous post, but i have had NO reply to my CCA request?! Does this work in my favour or did they manage to cover themselves for it by the means of what was said in the letter they sent?
Is there a template I can use for my defence? I've been dreading this part as I really feel out of my depth. I don't understand the first thing about defencing myself and so far, if it wasn't for this forum I wouldn't have got this far. (cca request/crp request)
Any help would be very much appreciated,

[MIKE770]

Re: CCJ papers for old debt 6 years+ #all info included#

when is yourDefence Example defence due, no CCA is a problem for them

submit day before due gives them no time to produce at that point and make your defence useless

[CCJhelp]

Re: CCJ papers for old debt 6 years+ #all info included#

when is yourDefence Example defence due, no CCA is a problem for them

submit day before due gives them no time to produce at that point and make your defence useless

Its due today so Im assuming by midnight.
No CCA isnt my only defence, I also think its SB but not 100%. Ill use the template now thank you

[MIKE770]

Re: CCJ papers for old debt 6 years+ #all info included#

hope you filed thru MCOL site?