** DISCONTINUED ** Solicitors v micro

[micro]

Re: Solicitors v micro

Ok thanks for putting my mind at rest -

I did 28 days from when i got the letter - so might have short changed myself of 2 days - no problem tho'

Just got the Request for documents mentioned in a statement of case under CPR 31.14 letter ready if I need it and have put the solicitors address on that too

[micro]

Re: Solicitors v micro

Hello again,

After reading on the forum most people got a "notice before action" letter from whatever solicitor the DCA uses before a CC claim was received.

Apart from the usual DCA letters I never had a solicitors letter before I got the county court claim.

Does this have any bearing on my situation?

Thanks

[nemesis45]

Re: Solicitors v micro

Hello again,

After reading on the forum most people got a "notice before action" letter from whatever solicitor the DCA uses before a CC claim was received.

Apart from the usual DCA letters I never had a solicitors letter before I got the county court claim.

Does this have any bearing on my situation?

Thanks

Unfortunately no.

There is no particular pre action protocol for small claims a DCA may mention what they " may. might or could do" if you don't
give in and pay.

nem

[Noah]

Re: Solicitors v micro

I thought that there was pre action conduct
Even if you lose there is no harm in writing a formal complaint and also to the FCA.

How owe much is the claim for?

[micro]

Re: Solicitors v micro

I thought that there was pre action conduct
Even if you lose there is no harm in writing a formal complaint and also to the FCA.

How owe much is the claim for?

Hi,

The claim is for about £1700

[micro]

Re: Solicitors v micro

Update:

7 days passed from when sols signed for my CPR 31.14 letter - had no response. I thought that I had seen a template for chasing them on this, but can not find it on the forum. - Anyone point me in the right direction please?

[micro]

Re: Solicitors v micro

@Amethyst - is there a follow up letter template for a CPR 31.14 letter? - Thanks

[micro]

Re: Solicitors v micro

:bump: Bump

[Noah]

Re: Solicitors v micro

I can;t find a follow up but if you amend this one it should do the trick

Dear Sirs,

Claim No: xxxxxxx
Claimant v Defendant

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

Thank you for your response to my request for disclosure of documents mentioned in your statement of case under CPR 31.14.

With regards to your assertion that ''we confirm this matter will most properly be allocated to the small claim track as this is a simple contractual matter and part 31 of the civil procedure rules will therefore not apply.'' I am afraid I must disagree, the case has not been allocated to a track for determination and as a consequence the provisions of CPR 27(2) have no effect and you should not seek to avoid compliance with your CPR 31 duties by claiming otherwise.

I am unable to lodge my defence and/or counterclaim at this moment as I have no information regarding the alleged debt. If you require more time in which to comply with this request you must tell me in writing and state a date by when you will comply with this request. In addition I require a statement that you agree to an extension of the time for me to file my defence. Your extension of time must be not less than 14 days from the date when you say you will have complied with my request and you must state the new date for filing my defence.

If you are unwilling to comply with my request for specific disclosure please inform me and I will consider entering an application to the court to obtain such.

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.

I look forward to hearing from you within the next 7 days.

Yours sincerely

Your Name

Edit it to remove the bits about their response and insert something about lack of response. If you have proof that they received it quote that so something like

Further to my request made on xxxxxx and sent by royal mail signed for and was received in your office on xxxxxx

[micro]

Re: Solicitors v micro

Thank you - Still not sure what to write tho'

[Noah]

Re: Solicitors v micro

Dear Sirs,

Claim No: xxxxxxx
Claimant v Defendant

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

Further to my letter dated xxxxxx that was received in your office on xxxxxx ( see enclosed proof of delivery) regarding my request for documents I am still awaiting your response. I enclose a copy of my original letter for your reference .

As I am sure you will appreciate , until I am in receipt of the relevant documents I am unable to lodge my defence and/or counterclaim as I have no information regarding the alleged debt. If you require more time in which to comply with this request you must tell me in writing and state a date by when you will comply with this request. In addition I require a statement that you agree to an extension of the time for me to file my defence. Your extension of time must be not less than 14 days from the date when you say you will have complied with my request and you must state the new date for filing my defence.

If you are unwilling to comply with my request for specific disclosure please inform me and I will consider entering an application to the court to obtain such.

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.

I look forward to hearing from you within the next 7 days.

Yours sincerely

Your Name


Remember to include a copy of the original request as well as a copy of the proof of delivery ( If you do not have that edit out the part where you say when it was received etc. I hope that helps

[micro]

Re: Solicitors v micro

Thank you very much, you have been very helpful Noah. :stars:

[micro]

Re: Solicitors v micro

Hi all,

My defence is due very soon - Please can someone look over what I have done so far, thanks:


1: I received the claim XXXXX from the Northampton County Court Business Centre on XX XXth February 2016.

2: Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.

3: This claim appears to be for a Bank Account Overdraft facility with XXXX Bank PLC.
[Original Creditor /Claimant] for provision of credit.
4: The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards to the claim.

5: The particulars of claim fail to state when the agreement was entered into.

6: The Claimants statement of case states that the account was assigned from XXXXX (Ex XXXXX) to Hoist Portfolio Holding 2 Ltd. However they do not provide a date for this assignment. The Defendant does not recall receiving notice of this assignment.

7: On the XXXXX I sent a request for inspection of documents mentioned in the claimants statement of case under Civil Procedure Rule 31.14 to Howard Cohen and Co. I requested the Claimant provide copies of the Notice of Assignment and Terms and Conditions of the Bank Account.

8: Howard Cohen and Co has not sent any of these documents to me.

9: Under Civil Procedure Rule 16.5 (4) Where the claim includes a money claim, a defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation. Therefore it is expected that the Claimant be required to prove the allegation that the money is owed as claimed.

10: It is denied that the Original Creditor served any Notice on the Defendant pursuant to s.76(1), s.87(1) and s.98(1) of the Consumer Credit Act 1974. The Claimant is required to prove that a compliant Demand/Termination Notice was served upon the Defendant.

11: The Defendant is concerned that Hoist Portfolio Holding 2 Ltd does not currently hold a consumer credit license with the Financial Conduct Authority to carry out debt collection activities and may be in breach of s.19 of the Financial Services & Markets Act 2000.

12: I request the court orders the Claimants to provide the necessary documentation in order for me to fully plead my case else the Claim should stand struck out.

13: In the event that the relevant documents are received from the Claimants I will then be in a position to amend my defence, and would ask that the Claimants bear the costs of the amendment.

14: It is denied that the Claimant is entitled to the relief as claimed or at all.



Will this be OK?

[micro]

Re: Solicitors v micro

Hi all,

Just a quick update:

Sent the above defence, case went forward and got put for mediation, but as I still had no documents from sols, the mediation didn't take place. Got allocated to small Claims Track and Court date now set, so just sorting witness statement ect.

A quick question, as the claim is for an overdraft, what does the claimant need (in terms of paperwork) to win the claim in court?

Thank you

[micro]

Re: Solicitors v micro

anyone?

What will the Judge need to be satisfied and award judgement in favour of the claimant - is it just them showing the deed of assignment?

Thank you