Reston Solicitors CPR 31.14

[nemesis45]

Re: Reston Solicitors CPR 31.14

I sent a chase up letter today under recorded delivery and gave them 7 days for their reply, on my third letter I asked for the for following:
1) The assignment
2) The default notice
3) The termination notice
4) Statement of accounts
5) Any other documents mentioned in the particulars of the claim,

And stated that I am responsible for reasonable copying costs in complying with the CPR 31.14 request

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I sent a chase up letter today under recorded delivery and gave them 7 days for their reply, on my third letter I asked for the for following:
1) The assignment
2) The default notice
3) The termination notice
4) Statement of accounts
5) Any other documents mentioned in the particulars of the claim,

And stated that I am responsible for reasonable copying costs in complying with the CPR 31.14 request

- - - Updated - - -

It was taken in 2002

A CCA Request is specifically for the Agreement and a " current " statement of the account Nothing Else.

CPR 31 14 is specific Only for the documents actually mentioned the POC you Cannot add other documents, e.g. Statements.

Adding other documents to the requests will result in either the request being ignored or returned with comments by the claimant and or the solicitors.
nem

[FlamingParrot]

Re: Reston Solicitors CPR 31.14

I sent a chase up letter today under recorded delivery and gave them 7 days for their reply, on my third letter I asked for the for following:
1) The assignment
2) The default notice
3) The termination notice
4) Statement of accounts
5) Any other documents mentioned in the particulars of the claim,

And stated that I am responsible for reasonable copying costs in complying with the CPR 31.14 request

The particulars of claim do not mention a default notice, termination notice or anything else other than 'a contract' which would be your agreement by any other name, yet you did not request a copy of it. :noidea:

IMHO it could be difficult to enforce that request due to the number of documents you've requested whilst not being on the particulars of the claim. :ohwell:

With regards to the CCA request, that's a completely different letter, something similar to what you would have sent back in 2010, which should go directly to CABOT rather than Restons. You'll find the template letter here: http://www.legalbeagles.info/forums/...y-of-Agreement (ignore the 2007 date, it's been updated).

[FlamingParrot]

Re: Reston Solicitors CPR 31.14

As you can see, CPR 31.14 specifically says you can request documents mentioned in a statement of case, not any documents relevant to the account: https://www.justice.gov.uk/courts/pr...s/part31#31.14

Documents referred to in statements of case etc.

31.14
(1) A party may inspect a document mentioned in –
(a) a statement of case;
(b) a witness statement;
(c) a witness summary; or

As the account is from 2002, the following may also apply, hence my asking how you applied for the card: http://www.legislation.gov.uk/ukpga/...on/127/enacted

(3)The court shall not make an enforcement order under section 65(1) if section 61(1)(a) (signing of agreements) was not complied with unless a document (whether or not in the prescribed form and complying with regulations under section 60(1)) itself containing all the prescribed terms of the agreement was signed by the debtor or hirer (whether or not in the prescribed manner).

[lawyer123]

Re: Reston Solicitors CPR 31.14

Thank you very much for all your TOP advise..greatly appreciated. I have done another letter to Restons asking for the CCA, deed of assuagement and Novation agreement/instrument. Let me know what you think?

[Amethyst]

Re: Reston Solicitors CPR 31.14

Could you explain this bit please

, I would ask you to supply a true and certified copy of any tripartite and delegated novation agreement/instrument.

[lawyer123]

Re: Reston Solicitors CPR 31.14

Hi - I want to send this letter asking for the original credit agreement, deed of assessment and Novation order as Cabot claim only states an outstanding balance from BOS and on the claim they say contact. I have never been in communication with Cabot Financial and I have never paid anything to them. The matter was in legal dispute with BOS credit card department as they confirmed in writing that they could not provide a copy of the original agreement. Hope this is a good brief for you to understand.

[FlamingParrot]

Re: Reston Solicitors CPR 31.14

Hi - I want to send this letter asking for the original credit agreement, deed of assessment and Novation order as Cabot claim only states an outstanding balance from Bank Of Scotland and on the claim they say contact. I have never been in communication with Cabot Financial and I have never paid anything to them. The matter was in legal dispute with BOS credit card department as they confirmed in writing that they could not provide a copy of the original agreement. Hope this is a good brief for you to understand.

I see you've been on other sites... :mmph:

You can send the letter asking for the credit agreement (CCA request) to Cabot, in fact I'd strongly recommend sending that one as soon as you can, however, the other two are not really part of the court process. Now they've issued a claim, I would suggest 'unlearning' everything you learned on that other site, it's not going to help you much with your case to be requesting Novation orders.

[nemesis45]

Re: Reston Solicitors CPR 31.14

Thank you very much for all your TOP advise..greatly appreciated. I have done another letter to Restons asking for the CCA, deed of assuagement and Novation agreement/instrument. Let me know what you think?

Here is template of the letter I am going to send tomorrow:

Dear Sirs,

Re: Cabot Financial (UK) Limited v Myself
Claim Number: 00000000
Reference number: 0000000

In addition to the documents I have requested in my letter dated 15^th October 2015, I respectfully ask you to also supply the following documentation:

1. Please confirm if you are in a position to make a true copy of the Original Agreement signed by both parties and confirm if this will involve making copies of more than one page.

If you are in a position to make new copies from the Original Agreement, please ensure that any such fresh copes include a signed confirmation that they were copied directly from the Original, stating the date when the copies were made from the Original. Please also advise the name of the person who made the copies so that, if needed, they can be called as a Witness to confirm the copies were indeed taken directly from the Original Agreement.

If you cannot make new copies taken directly from the Original Agreement, please confirm the reason.

I must stress this request is NOT made pursuant to section 78 Consumer Credit Act 1974 but is made pursuant to the Civil Procedure Rules (Pre action protocols and Part 31.16) and therefore an unsigned copy will not suffice, only a copy of the original contract in its unaltered form will suffice in these circumstances

Your obligation also extends to providing a statement of account. I enclose a £1 postal order in payment of the statutory fee, PO Serial No. 00000000.

2. I also request a true and certified copy of a deed of assignment (not a notice of assignment). These should be made available to validate your claim. Again, I will ask you to provide verification of your claim, including a lawful contract (as mentioned above) and Deed of Assignment (and executed as a Deed) granted by the grantor or original creditor and indorsed by instrumentary witnesses in solemn form within seven (7) days from the above date so that I can prepare my defense.

3. Further to this, I would ask you to supply a true and certified copy of any tripartite and delegated novation agreement/instrument. Failure to supply these documents, to which I am lawfully entitled to view will place Cabot Financial (UK) Limited into tacit agreement that no debt actually exists and therefore I will pursue Cabot Financial (UK) Limited in a court of law for defamation of character and misrepresentation and being party to fraud. Prove the debt, or cease and desist from any further action.


Yours faithfully

The Deed Of Assignment is the " contract between the debt seller and the debt purchaser" and is commercially sensitive and I would expect Cabot via Reston to decline to disclose it.

This tactic has very, very limited merit when a deed has been disclosed it has been redacted in the extreme as debt is sold in large portfolio of 1000's of debts there is 3rd party information included to which you cannot have access.

You are already aware that according to the original creditor there is no signed/executed agreement in existence and that as such the agreement is unenforceable, would it not be far simpler to inform Reston of the status of the debt and invite them to withdraw the claim in the interests of saving costs and court time.

nem

[FlamingParrot]

Re: Reston Solicitors CPR 31.14

Thank you very much for all your TOP advise..greatly appreciated. I have done another letter to Restons asking for the CCA, deed of assuagement and Novation agreement/instrument. Let me know what you think?

I don't think you should send that letter at all! You should just be sending the CCA request from this post: http://www.legalbeagles.info/forums/...y-of-Agreement

I'm familiar with the site where you got all that other stuff from, however, it's not going to take you very far. Best to stick to the tried and tested, i.e. standard CCA request and CPR requests. The one below is neither. It would be useful if you could also tell us what letters you've been sending as CPR requests. :typing:

Here is template of the letter I am going to send tomorrow:

How about this one instead?

Your name
Your address
Your address
Your Postcode

DATE

Creditor Name
Creditor Address
Creditor Address
Creditor Postcode

Dear Sir/Madam

Re:− Account Number xxxxxxxxxxxxxxxxxx

Please treat this letter as a formal request for you to supply a copy of my Consumer Credit Agreement as is my entitlement under sections 77-79 of the Consumer Credit Act 1974.

I require you to provide me with a true copy, or reconstituted copy of the credit agreement relating to any account you deem to be mine, together with any other documentation the Act requires you to provide. I expect you to comply fully and properly with this request, within the statutory time limit.

Your obligation also extends to providing me with a statement of account. I enclose a £1 postal order, which represents payment of the statutory fee payable under the Consumer Credit Act. I understand that a copy of my credit agreement should be supplied within 12 working days from the date of this letter.

If it is your view that you are not the creditor, s.175 of the CCA1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189.

I understand that under the Consumer Credit Act, creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act.

Yours faithfully,

YOUR NAME

Recorded delivery with a £1 PO. :grin:

[FlamingParrot]

Re: Reston Solicitors CPR 31.14

The CPR request is as follows:

Your name
Your address
Your postcode

Date

Claimants name
Claimants address
Claimants postcode

Dear Sirs,

Claim Number: XXXXXX

Request for documents mentioned in a statement of case under CPR 31.14

On xx/xx/xxxx I received a County Court claim from yourselves of which I have acknowledged receipt indicating my intention to defend in full.

To enable me to file my defence, I require inspection of documents you mention in your statement of case ahead of filing my defence on XX XXXX 201X.

I require copies of the following:

• The contract or agreement
• The notice of assignment

In accordance with CPR 31.15(c) I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.

You should note that had your claim not been issued through CCBC the Claimant would have been obliged to attach copies of the documentation upon which it relies to the Particulars of Claim. I , as Defendant, am entitled to see the documents on which the Claimant relies and which you will have to produce at trial. Disclosure at this stage will enable me to fully plead my case and further the Overriding Objective.

You should ensure compliance with your CPR 31 duties and ensure that the document(s) I have requested are copied to and received by me within 7 days of receiving this 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.

I look forward to hearing from you.

Yours sincerely

[lawyer123]

Re: Reston Solicitors CPR 31.14

Thanks once again, can you please let me know whether my letter was too long? as I have already sent the CPR request last week and they did not send stating that the claimant does not have to show due to these reasons:
I sent two CPR 31.14 request to RestonsSolicitors and they have written to me stating the following:
We would point out that the Claim was issued via the County Court Business Centre which is a procedure specifically provided for in the CPR. this procedure only allows a claimant to insert brief details of the claim and does not allow for the attachment of any enclosures. Paragrapgh 5.2A of Practice Direction 7E specifically states ''The requirement in paragraph 7.3 of practice direction 16 for documents to be attached to the particulars of contract claims does not apply to claims sorted using as online claim form, unless the particulars of claim are served separately in accordance with paragraph 5.2 of this practice direction.

[gallahad]

Re: Reston Solicitors CPR 31.14

Your case exactly mirrors mine except mine was pre 2007. You are in very good hands and Cabot/Restons are notorious for issuing claims when they do not have docs required for success. It would be worth reading through my thread to save yourself some time here is the link.

http://www.legalbeagles.info/forums/...ons&highlight=

[lawyer123]

Re: Reston Solicitors CPR 31.14

Thanks very much, I cannot access your link, doI have to be a VIP member, I only joined today.

[FlamingParrot]

Re: Reston Solicitors CPR 31.14

Thanks once again, can you please let me know whether my letter was too long? as I have already sent the CPR request last week and they did not send stating that the claimant does not have to show due to these reasons:
I sent two CPR 31.14 request to RestonsSolicitors and they have written to me stating the following:
We would point out that the Claim was issued via the County Court Business Centre which is a procedure specifically provided for in the CPR. this procedure only allows a claimant to insert brief details of the claim and does not allow for the attachment of any enclosures. Paragrapgh 5.2A of Practice Direction 7E specifically states ''The requirement in paragraph 7.3 of practice direction 16 for documents to be attached to the particulars of contract claims does not apply to claims sorted using as online claim form, unless the particulars of claim are served separately in accordance with paragraph 5.2 of this practice direction.

It's not so much the length, it's the documents you are requesting. It's not that important if you are just going to submit a defence saying they didn't comply, it's only if you wanted to enforce the request, your application could be dismissed because you were asking for documents not mentioned in the particulars of claim and the CPRs are quite specific about that.

Yes, they can say they didn't have to attach the documents to the claim form but CPR 31.14 still applies.

[Kati]

Re: Reston Solicitors CPR 31.14

Thanks very much, I cannot access your link, doI have to be a VIP member, I only joined today.

no need for you to become VIP unless and until you want to I'll find you a different (non-vip) link to read through xx