Starting a claim against creditor who has sold debt

[des8]

Default Judgements CPR 12.5.1 states "....notice should be given in accordance with Part 23."

CPR 23.4 (1) "The general rule is that a copy of the application notice must be served on each respondent"

so yes..

[stark13]

Thank you, the Defendant has filed a response so we're going to court it looks like. When I can request documents for disclosure? Is there some kind of form I have to fill out?

[des8]

If this is allocated to the small claims track the court directions will in all probability state something like "all documents parties want to rely upon at trial must be filed at court and served on the other party no later than 14 days before the hearing."

[stark13]

So I've received a directions questionnaire from the court. Given the value of the claim i am proposing it be allocated to the fast track as its over 10k. The order is asking for a draft order of directions, is there any standard template for this? I don't understand as the examples I've seen have dates on them but surely I wouldn't know the dates until the court decides this? Do I just leave the dates blank?

[des8]

Standard Directions: https://www.gov.uk/government/collec...il-court-cases

Practice Directions CPR 28 Fast track; https://www.justice.gov.uk/courts/pr.../pd_part28#3.1

If you are not much in excess of £10,000 it might be worth suggesting small claims track on the basis it will not be a complicated case.
You might be lucky, otherwise remember fast track has adverse cost implications and you have already been rebutted by the lender and FOS.

[stark13]

It's quite in excess of 10k so I don't think they will approve that. Thanks for the link. In terms of the dates is there any specific timeline i have to follow? Or can I suggest any dates I think are suitable. E.g. 3 months from now. Is there any example/template you have a link to please?

[des8]

Don't have templates, but I would leave it to the court as they are so clogged at the moment

[stark13]

Can I request specific disclosure on the draft directions? Or does this have to be done separately?

[des8]

I think (note "think") that a separate application has to be made to the court for an order for the specific disclosure sought and to be supported by evidence