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HERE via Gordon Exall's blog - another example of iron fist enforcement of CPR timelines in relation to witness statement timings.
Take a look at the blog, Gordon does an excellent job of rounding up Mitchell relevant cases for reference.
Obviously use of this information can be twofold:
A) a lesson that anyone here engaged in litigation as a Claimant needs to ensure they are tight on the timescales for serving their own documents and also keeps an eye on the Defendants conduct, applying to the court for enforcement of the rules where they stray
B) Obviously the reverse is true,. that when YOU are the Defendant (to a DCA /Creditor/etc claim) that you supply all documents/witness statements/defence/etc in plenty of time so as to not allow the Claimant DCA/Creditor/Etc room to attempt enforcement (such as strike out of your Defence for non compliance with CPR timescales)
I have to say, from looking around the forum, A) is more likely than B) as, particularly in the case of DCA's, they seem very lax in their approach to filing relevant documentation due to the constant use of Moneyclaim Online allowing them to file without supporting evidence of contracts, etc.
Obviously it is your right as a Defendant to make use of CPR 31.14 and Part 18 to gain information on whether they actually have a case, and make use of the CPR set timelines to enforce this where necessary, for instance:
- In the case of CPR31.14, 14 days would be considered a reasonable time frame for them to supply copies of documents mentioned within their particulars of claim (such as "Monies due under REGULATED CREDIT AGREEMENT 0000 0000 0000 0000" would give rise to a legitimate request for the agreement and related terms)
- In the case of Part 18, you would be asking for further information that is likely to be required for the Claimant to prove his case has merit
In the case of a claim relating to an agreement regulated by the Consumer Credit Act, this is likely to include:
- A Section 87 default notice (required to be served prior to attempting to enforce the full amount at court or demand earlier repayment)
- The signed agreement and related terms (so they can show the agreement matches the prescribed terms and, where appropriate, is actually signed by you)
- A copy of the assignment notice to show the Claimant has full legal title to be able to engage in court proceedings without the involvement of the original creditor
THE ABOVE IS A WORK IN PROGRESS - COMMENTS WELCOME!!!
Take a look at the blog, Gordon does an excellent job of rounding up Mitchell relevant cases for reference.
Obviously use of this information can be twofold:
A) a lesson that anyone here engaged in litigation as a Claimant needs to ensure they are tight on the timescales for serving their own documents and also keeps an eye on the Defendants conduct, applying to the court for enforcement of the rules where they stray
B) Obviously the reverse is true,. that when YOU are the Defendant (to a DCA /Creditor/etc claim) that you supply all documents/witness statements/defence/etc in plenty of time so as to not allow the Claimant DCA/Creditor/Etc room to attempt enforcement (such as strike out of your Defence for non compliance with CPR timescales)
I have to say, from looking around the forum, A) is more likely than B) as, particularly in the case of DCA's, they seem very lax in their approach to filing relevant documentation due to the constant use of Moneyclaim Online allowing them to file without supporting evidence of contracts, etc.
Obviously it is your right as a Defendant to make use of CPR 31.14 and Part 18 to gain information on whether they actually have a case, and make use of the CPR set timelines to enforce this where necessary, for instance:
- In the case of CPR31.14, 14 days would be considered a reasonable time frame for them to supply copies of documents mentioned within their particulars of claim (such as "Monies due under REGULATED CREDIT AGREEMENT 0000 0000 0000 0000" would give rise to a legitimate request for the agreement and related terms)
- In the case of Part 18, you would be asking for further information that is likely to be required for the Claimant to prove his case has merit
In the case of a claim relating to an agreement regulated by the Consumer Credit Act, this is likely to include:
- A Section 87 default notice (required to be served prior to attempting to enforce the full amount at court or demand earlier repayment)
- The signed agreement and related terms (so they can show the agreement matches the prescribed terms and, where appropriate, is actually signed by you)
- A copy of the assignment notice to show the Claimant has full legal title to be able to engage in court proceedings without the involvement of the original creditor
THE ABOVE IS A WORK IN PROGRESS - COMMENTS WELCOME!!!
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