N244 Questions

[kaput]

Hi,

I've been following this guide: http://legalbeagles.info/library/cpr...c-information/

I've sent CPR 31.14 and CCA request to claimaint (who is also the creditor). They signed for the letter last Tuesday so their time is now up under CPR 31.14. In their POC they also promised to send me a detailed claim within 14 days of service. They haven't and their own time limit has expired. Furthermore I feel they breached the pre-application protocols as they didn't send me a LBA or any other information that would help me understand their claim.

I'd like to wait another day or two just in case they mailed it at the last second before filing an N244, but I need some help sorting it all out so it's ready to go. I have a few questions:

1. Is the link above the latest advice?
2. Is it correct the fee is now £205 and not £80?
3. What level of judge do I say is needed on the form? District?
4. N244 also asks, "What order are you asking the court to make and why?" but I'm not sure how to answer.
5. How do I actually make the payment? (I don't have a cheque book). The claim has been made through MCOL.
6. Do I need to send copies of the N244, draft directions, and witness statement to the claimant?

Thank you

[charitynjw]

Re: N244 Questions

Hi kaput

Err......I'll give [MENTION=6]Amethyst[/MENTION] a nudge on this.
I have a feeling that some of that info is out of date now.

[kaput]

Re: N244 Questions

Thanks charitynjw.

I've got two more questions:

7. Do I need to attach supporting evidence to the N244 such as my CPR request and copy of proof of postage & delivery?
8. Do I need to request a hearing, and if so would it be held at my local county court?

[charitynjw]

Re: N244 Questions

How far adrift are they from the 14 days?
Although the courts appear to be getting tougher on tardiness, they are still reluctant to strike a claim unless the incident is pretty serious.

[kaput]

Re: N244 Questions

The the claim is dated 30th May, so they're up to 7 days late depending on what the date of service is considered to be

[charitynjw]

Re: N244 Questions

The rules on service of claims/documents are quite complicated, but from what I understand in a case like yours.

The claim was issued via MCOL, so 5 days deemed delivery.
The Particulars, sent separately, should be served maximum 14 days later (from date of service)

[kaput]

Re: N244 Questions

Hi

It's been a few more days and still nothing from the claimant.

My defence is due in just over a week but I have little information from the claimant about what I'm defending.

Please would anybody be able to help with my questions above? If I don't have documents from the claimant in today's post then I'd like to file an N244 for the court to order disclosure of the documents in my CPR 31.14 request and the information required by the pre-action protocols which were not complied with, in anddition to orders giving me more time to defend and for the claimant to repay my costs of filing the N244 which could have been avoided if they'd followed the rules.

Cheers

[Amethyst]

Re: N244 Questions

Ooo yes that is a bit out of date now. Sorry I'll go update it shortly. Just shows how much the court charges have risen !

An application for a directions order costs £80 to be decided at a hearing, or £45 to be dealt with without a hearing.

It's now £255 and £100 ( madness!)

What exactly did their particulars of claim say ?

Have you rang the court to say you haven't received the detailed particulars ?

[kaput]

Re: N244 Questions

Hi Amethyst,

Thank you for replying.

Date of Claim: Tuesday 30th May
Defence Due: +33 days = Sunday 2nd July
CPR/CCA Request signed for by Claimaint: Morning of Tuesday 13th June

The POC says:

Asset Collections & Investigation claim this amount in respect of an unpaid loan funded by The Lending Stream.

The defendant failed to abide by the terms of the contract.

Asset Collections & Investigation purchased this debt from The Lending Stream and subsequently sent a notice of assignment to the defendant to advise.

The defendant has failed to respond from the Claimant thus denying the Claimant any opportunity in assisting the Defendant in attempting to bring the matter to an amicable Conclusion.

I will provide the defendant with separate detailed particulars within 14 days after service of the claim form.

The claimant claims interest under section 69 of the County Courts Act1984 at the rate of 8% a year from XX/10/2016 to XX/05/2017 on £x,xxx.00 and also interest at the same rate up to the date of judgment or earlier payment at a daily rate of £0.xx.

I've removed the exact dates and amounts because they probably make me identifiable.

In my CPR 31.14 request I asked for "the contract", the notice of assignment, and the communications which they allege I have not responded to. I also sent a CCA request, but the time limit has not expired, but will the day before my defence is due.

I also asked that they fullfil their obligations under the Pre-Action Protocols - paragraphs 3 and 6, specifically:

- That they provide, under 3a "sufficient information" for me to "understand [their] position"
- Under 6c I requested the contract, notice of assignment, and default notice which I consider to be the "key documents"
- And under 6a an explanation of "how the amount is calculated"

I gave them 7 days to respond to me and satisfy they pre-action obligations, and 7 days to satisfy my CPR request.

I have not received a letter before action/claim from them, or NOA, default notice, etc, and I've noticed that other people on your forum also facing litigation from this claimaint also state they have not received these either.

I'll try calling the court this afternoon - do you know which is the correct phone number for MCOL as I've found at least three different ones on Google :/

[Amethyst]

Re: N244 Questions

Okay. As long as they have said this " I will provide the defendant with separate detailed particulars within 14 days after service of the claim form." then the time for defending the claim shouldn't start until those are received. HOWEVER, the claim has been put through on Moneyclaim online and simply isn't read by anyone, so if they asked for Default Judgment after 33 days they'd likely be awarded it and you'd have to apply to set aside.

So, you can either Defend ( free ) on the basic grounds of no information despite requests and not having followed pre-action pc's - and not supplying detailed particulars at all, then later use the Directions Questionnaire to ask for an order - or you can submit an N244 now to ask an order to supply particulars, documents under cpr and cca with an unless order to strike out the claim if they fail.

County Court Business Centre (CCBC):
0300 123 1056
01604 619 400

Thinking give them a ring and tell them the claim states detailed particulars will be served in 14 days and haven't been so can they put a bar on the claim going to default judgment. They might just say to make an application but at least there should be some form of notice on the claim just in case.

Presumably you know something about an old debt/account with The Lending Stream ?

[kaput]

Re: N244 Questions

Hi,

Unfortunately I haven't been able to get through to the Court yet. Would it be acceptable to write something like this and post/email it?

Dear Sir,

Asset Collections and Investigations Ltd v Kaput (claim number)

The Claimant promised to provide detailed particulars to me, the Defendent, within 14 days of service of their claim, but as of today and with less than a week to file a defence, I have not received these detailed particulars.

I have also made, by recorded mail: a request to inspect documents disclosed in the claim under CPR 31.14; and a request for information under the Consumer Credit Act. Neither of these requests have been answered.

Due to the lack of information, I am unable to admit or defend the Claimant's claim with any confidence. I will therefore be making an application to the Court to order the Claimant to provide the necessary information.

In the meantime I would be most grateful if the Court could bar this claim from lapsing into default judgement, and bar the Claimant from requesting default judgement.

If this is not possible, please file this letter with the claim.

Yours faithfully,
Kaput

Also should a copy of this be sent to the Claimant?

And would ccbc@hmcts.gsi.gov.uk be the correct email address if it can be sent by email? I also found these emails:
ccbcdefendants@hmcts.gsi.gov.uk
mcol@hmcts.gsi.gov.uk
tec.bulkcentre@hmcts.gsi.gov.uk

So I'm confused which I should use.

[kaput]

Re: N244 Questions

Hi,

I've gone down the N244 route and have paid the fee and emailed it to the court. The confirmation receipt says they'll reply within 12 days which is worrying as my defence is due on Sunday.

Do I still need to file a defence?