Court Claim PRA Group VS Daley

[Diana M]

Re: Court Claim PRA Group VS Daley

They have sent some additional information via my latest CCA request

. . . I still don't believe that the information they have sent via the CCA request is sufficient.

Well that probably answers your earlier question as to whether you should go for a strike out.

You say they've sent you documents in response to your CCA Request so it's unlikely a DJ would strike out the claim at this early stage. He may take the view 'something is better than nothing' and it will up to a Trial Judge to decide whether the 'something' they've produced complies with s.78 or any other relevant sections of the Consumer Credit Act.

So you're left weighing up the pros and cons of agreeing an extension of time to file your Defence since they've not responded to your CPR 31.14 Request yet. When did you send it?

As you say, wait to see how the week pans out.

Di

[Daley0]

Re: Court Claim PRA Group VS Daley

Thanks again Di,

The CPR request was sent on the 29th December and signed for on the 4th Jan. The same day they also signed for the CCA request which they have responded to.

I thought that I could only ask for an extension of time to file my Defence if PRA requested it as per the CPR request or have I got that wrong ?
Many Thanks

[charitynjw]

Re: Court Claim PRA Group VS Daley

http://www.justice.gov.uk/courts/pro...es/part15#15.5

Agreement extending the period for filing a defence

15.5
(1) The defendant and the claimant may agree that the period for filing a defence specified in rule 15.4 shall be extended by up to 28 days.
(2) Where the defendant and the claimant agree to extend the period for filing a defence, the defendant must notify the court in writing.

[Daley0]

Re: Court Claim PRA Group VS Daley

Thankyou Charity, that's what I thought.

I gave them the opportunity to ask for a 28 day extension as per the CPR request, but I guess as I have heard nothing then they don't want it.

I will sit tight for a couple of days and see if the post brings anything and then consider where to go from there.

[Daley0]

Re: Court Claim PRA Group VS Daley

Morning,

I am just getting a basic defence ready for later in the week, whilst I wait on any additional info to appear..

I have looked at the templates etc and have a rough idea of what I need to write.

I have pulled apart the info that has been sent to me via my CCA request and am just wondering how much detail I need to put in the defence. ie if certain terms and conditions are illegible or missing, or dates incorrect etc etc do I mention every single thing I think is incorrect or hasnt been sent to me when I write the defence or do I leave some info out and use that in my Witness Statement instead please ?


Many Thanks for your thoughts.

[nemesis45]

Re: Court Claim PRA Group VS Daley

Morning,

I am just getting a basic defence ready for later in the week, whilst I wait on any additional info to appear..

I have looked at the templates etc and have a rough idea of what I need to write.

I have pulled apart the info that has been sent to me via my CCA request and am just wondering how much detail I need to put in the defence. ie if certain terms and conditions are illegible or missing, or dates incorrect etc etc do I mention every single thing I think is incorrect or hasnt been sent to me when I write the defence or do I leave some info out and use that in my Witness Statement instead please ?


Many Thanks for your thoughts.

State the basics of your defence the detail in the WS.

[Daley0]

Re: Court Claim PRA Group VS Daley

Thanks Nem,

I have an A4 sheet of what I think is wrong with all info that they have sent to me, I will try and pick out some basic bits and hold fire on the rest.
Probably a daft question, but am I right in thinking that "they" will get to see a copy of the Defence ?

[nemesis45]

Re: Court Claim PRA Group VS Daley

Thanks Nem,

I have an A4 sheet of what I think is wrong with all info that they have sent to me, I will try and pick out some basic bits and hold fire on the rest.
Probably a daft question, but am I right in thinking that "they" will get to see a copy of the Defence ?

Yes you send the defence to the court and they serve it upon the defendant/solicitors.

nem

[Diana M]

Re: Court Claim PRA Group VS Daley

I have an A4 sheet of what I think is wrong with all info that they have sent to me, I will try and pick out some basic bits and hold fire on the rest.

Don't mention what's wrong or you could give them the opportunity to put it right. If you say it's illegible then they might produce a better copy.

Unless, of course, they've produced a document which proves it's irredeemably unenforceable.

This is heading for the Fast Track where the full disclosure process can/will throw up more documentation.

Di

[Diana M]

Re: Court Claim PRA Group VS Daley

am I right in thinking that "they" will get to see a copy of the Defence ?

Although the court will send a sealed copy to the Claimant, you should also send them a copy. There are no solicitors instructed so send it to the Legal Representative named on the claim form.

Since this is likely to be allocated to the Fast a Track the Claimant may (may not) decide to serve you with a Reply to the Defence.

Di

[Diana M]

Re: Court Claim PRA Group VS Daley

you send the defence to the court and they serve it upon the defendant/solicitors.

The Defendant is Daley

Di

[Daley0]

Re: Court Claim PRA Group VS Daley

Thanks Di,

Yes I was thinking I needed to be a little cagey in my defence as I have noticed some things that they may try and change if they realise.

Thankyou

Don't mention what's wrong or you could give them the opportunity to put it right. If you say it's illegible then they might produce a better copy.

Unless, of course, they've produced a document which proves it's irredeemably unenforceable.

This is heading for the Fast Track where the full disclosure process can/will throw up more documentation.

Di