Tweet
I’ve received a small claim ! I acknowledged the service within 1 day ! 2nd day sent CPR 31.14 request for details not supplied in statement of facts:
Original agreement
copy of statements/balances
Deed of assignment
Copy of default notice
AOS done online 20/10
CPR request sent 21/10 registered
Checked with court defence to be submitted by 18/11.
No answer from Cabot solicitor Mortimer Clarke.
Sent SAR yesterday by email.
No default showing on credit report so preparing defence on Statute Barred basis using your template letter.
3 letters sent to Mortimer during Oct 2016 request ing documents followed by Irrevocable Estoppel by Acquiescence 26/12/16
No allocation to track but if it goes to small claims is 31.14 relevant and should I cite CPR 3.4 (2)(c)
failure to comply with a rule plus abuse of process due to Inordinate and inexcusable delay ?
Should in the first place my defence rest on Statute Barred ? Which is difficult to determine without information from them. Can I vary my defence after if they refute the Statute Barred ?
Apologies for the length!!
Original agreement
copy of statements/balances
Deed of assignment
Copy of default notice
AOS done online 20/10
CPR request sent 21/10 registered
Checked with court defence to be submitted by 18/11.
No answer from Cabot solicitor Mortimer Clarke.
Sent SAR yesterday by email.
No default showing on credit report so preparing defence on Statute Barred basis using your template letter.
3 letters sent to Mortimer during Oct 2016 request ing documents followed by Irrevocable Estoppel by Acquiescence 26/12/16
No allocation to track but if it goes to small claims is 31.14 relevant and should I cite CPR 3.4 (2)(c)
failure to comply with a rule plus abuse of process due to Inordinate and inexcusable delay ?
Should in the first place my defence rest on Statute Barred ? Which is difficult to determine without information from them. Can I vary my defence after if they refute the Statute Barred ?
Apologies for the length!!
)
Comment