URGENT HELP PLEASE CPR 31.14 request non compliance

[repunzel223]

Received CCJ Claim form issue date 1 Feb, received 3rd Feb. Sent CPR 31.14 to both claimant and solicitors on 10th February by recorded delivery and were signed for on 14th February but have received no response. My defence needs to be in by next Monday. Do I send them a reminder and is there a template for this or what do I do now?

[repunzel223]

Re: URGENT HELP PLEASE CPR 31.14 request non compliance

Help now mega urgent!!

[charitynjw]

Re: URGENT HELP PLEASE CPR 31.14 request non compliance

Hi repunzel

What is the claim for? (Credit card, loan, utility bill, mobile phone bill etc).
Approx how much is being claimed?
Could you post up the Particulars of Claim, your CPR request & the name of the Claimant & their legal rep (if applicable).

[repunzel223]

Re: URGENT HELP PLEASE CPR 31.14 request non compliance

So so appreciate your help.


I think I attached CCJ. New to this!! Cannot post CPR request as on computer at home but standard one used from here. Deadline is Monday, what to do now?

[charitynjw]

Re: URGENT HELP PLEASE CPR 31.14 request non compliance

You might want to redact the claim no. & password from the posted claim form.

I'm guessing either a loan or a credit card; could you confirm, & if so, which?

If so, have you sent a CCA request to the Claimant?

& a SAR to the original creditor?

[Diana M]

Re: URGENT HELP PLEASE CPR 31.14 request non compliance

Received CCJ Claim form issue date 1 Feb, received 3rd Feb. Sent CPR 31.14 to both claimant and solicitors on 10th February by recorded delivery and were signed for on 14th February but have received no response. My defence needs to be in by next Monday. Do I send them a reminder and is there a template for this or what do I do now?

It appears you only sent a CPR 31.14 Request but not a Section 77-79 CCA Request.

If that's the case you should send the CCA Request to the Claimant (with a copy to their solicitors) immediately.

This forum has a template > http://legalbeagles.info/forums/show...=7670#post7670

Di

[repunzel223]

Re: URGENT HELP PLEASE CPR 31.14 request non compliance

No, not CCA request or SAR to original creditor to date. So what do I do? Surely they should have responded to CPR request in any event.

[repunzel223]

Re: URGENT HELP PLEASE CPR 31.14 request non compliance

If this is the case and my defence is due on Monday, what do I do?

[charitynjw]

Re: URGENT HELP PLEASE CPR 31.14 request non compliance

Send the CCA request per @Diana M's post above.
& @Amethyst's post below

Tweak the defence example (top of thread) to say 'CCA (s77-79) request sent to Claimant (date) & awaiting reply'

Send SAR.

[Amethyst]

Re: URGENT HELP PLEASE CPR 31.14 request non compliance

Get a CCA request sent off now to Cabot - http://legalbeagles.info/forums/show...y-of-Agreement - , and adapt the standard defence to suit - yes they should have responded to the CPR request they have mentioned the default notice, notice of assignment, contract and terms so have no reason to avoid complying with the request. there's a starting point for your defence http://legalbeagles.info/forums/show...t-Court-Claims

Are there any specific issues you have had with the debt previously ? Do you know if it was a c/card/loan / overdraft at all ?

[repunzel223]

Re: URGENT HELP PLEASE CPR 31.14 request non compliance

A bank loan, so appreciate all your help.

[warwick65]

Re: URGENT HELP PLEASE CPR 31.14 request non compliance

I know from recent experience just how daunting it is to receive a claim but by following the advice here you will get great help

AS everyone else has said, CCA request today and try to get you defence in by tomorrow late on- just in case ( when my claim arrived the system went down over the weekend)

[repunzel223]

Re: URGENT HELP PLEASE CPR 31.14 request non compliance

Bearing in mind I am only just sending CCA request, can I use this in my defence. Do I have attach all documentary evidence and recorded delivery proof.

11. The Claimant has failed to comply with s77 (1) / s 78 (1) Consumer Credit Act 1974 and by virtue of s77 (4) / s 78 (6) Consumer Credit Act 1974 cannot enforce the agreement.

[charitynjw]

Re: URGENT HELP PLEASE CPR 31.14 request non compliance

Bearing in mind I am only just sending CCA request, can I use this in my defence.

Yes

Do I have attach all documentary evidence and recorded delivery proof.

No

11. The Claimant has failed to comply with s77 (1) / s 78 (1) Consumer Credit Act 1974 and by virtue of s77 (4) / s 78 (6) Consumer Credit Act 1974 cannot enforce the agreement.

Just say that you sent a CCA ss77-79 request on (date) & that you are awaiting for the Claimant to respond

[warwick65]

Re: URGENT HELP PLEASE CPR 31.14 request non compliance

Bearing in mind I am only just sending CCA request, can I use this in my defence. Do I have attach all documentary evidence and recorded delivery proof.

11. The Claimant has failed to comply with s77 (1) / s 78 (1) Consumer Credit Act 1974 and by virtue of s77 (4) / s 78 (6) Consumer Credit Act 1974 cannot enforce the agreement.

As someone said to me, the defence is relatively brief, War and Peace comes in the witness statement

Remember you can submit your defence online or by email