CPR18 Request

[Guest]

I posted on the forum some months back regarding obtaining information from the Claimant in a court case I have looming.

I sent the Claimant a request under CPR18 as per advice on here (a mock letter was posted which I followed) This request was ignored. I have recently sent the same request with an accompanying letter and sent a copy to the court. The Claimant has failed to respond within the 14 day time scale I requested.

What can I do next?

I understood the Claimant was obliged to provide me the information as fulldisclosure?

Thanks in advance.

[Gorang]

Re: CPR18 Request

I posted on the forum some months back regarding obtaining information from the Claimant in a court case I have looming.
I sent the Claimant a request under CPR18 as per advice on here (a mock letter was posted which I followed) This request was ignored. I have recently sent the same request with an accompanying letter and sent a copy to the court. The Claimant has failed to respond within the 14 day time scale I requested.

What can I do next?

I understood the Claimant was obliged to provide me the information as fulldisclosure?

Thanks in advance.

Is it this thread that you refer to

http://www.legalbeagles.info/forums/...ation-(CPR-18)
or this one
http://www.legalbeagles.info/forums/...ty-Court-Claim
or both??


I think it would be helpful if you could put a timeline together for us so we can understand what has happened and when so we can give accurate advise as to what your next course of action is

You need to help us so we can help you

[Guest]

Re: CPR18 Request

Is it this thread that you refer to

http://www.legalbeagles.info/forums/...ation-(CPR-18)
or this one
http://www.legalbeagles.info/forums/...ty-Court-Claim
or both??


I think it would be helpful if you could put a timeline together for us so we can understand what has happened and when so we can give accurate advise as to what your next course of action is

You need to help us so we can help you

Thankyou.

It is the first link that you have provided.

I sent a request under CPR in July

I sent a follow up request (copied to the court) recently, maybe a month ago

I would like to ask the court to strike out the claim but don't know if I can do this. The claim is from a back street debt collector who charges commission on funds recovered. They are acting as agent and do not have the debt assigned. The claim form should have listed the creditor as the Claimant but these clowns have put their own name on the form.

I read in CPR recently that I should have asked for the claim to be thrown out within my 28 day window to respond to the claim (which I didn't do due to lack of knowledge of CPR)

[Gorang]

Re: CPR18 Request

I assume that the debt collector is the claimant then and you are the defendant

Who is the debt collector and who is the ACTUAL claimant that the debt collector is working for??
How much is the claimed amount roughly??
(your welcome to PM me the names and amount if you don't want post them on open forum)

Can you post up
the POC including the issue date
CPR request you sent
Their reply if any
any defence that you have submitted to the court
Any applications that you or the claimant has submitted to the court

Is this a small claim??
ie under £10k

If it's a small claim then is it under £5k

(EDIT............I have just read the 1st thread and see that it is a small claim but is it under £5k????)

Until we have the details of what has been sent to the court and when, then we will not know, on what basis an application can be made, to the court, for you to now have the claimants case struck out

[Guest]

Re: CPR18 Request

I would rather not post case specific details.

I have/had an ongoing dispute with the original creditor over whether a months notice was properly served to them by myself when I cancelled a service. I claim that it was, they claim that it wasn't. Next thing I know, they have passed it on to a debt collector (local who you will never have heard of). The dispute started again and the next thing I know, the debt collector has issued a claim against me.

Looking at their website, they charge a joining fee and something like 25% of any fees recovered.

I am also of the understanding that as they have not bought the debt and are acting as agent only, they cannot issue proceedings, it has to be the original creditor.

My CPR request asked for whether a notice of assignment was issued, the date assignment was made and whether the debt has been purchased by the claimant.

I would like to invite the court to strike out the claim on the basis that the claimant was not in a position to bring the claim in the first place and that they have refused to respond to my CPR18.

I am now aware that I should have done this at the time I filed my defence and cannot find anything in CPR that fits with what I wish to do.

[mystery1]

Re: CPR18 Request

\Is the claim allocated yet ? If it's small claims part 18 doesn't apply.

Otherwise you need to make an application.

http://www.justice.gov.uk/courts/pro...rt18/pd_part18

M1

[Guest]

Re: CPR18 Request

\Is the claim allocated yet ? If it's small claims part 18 doesn't apply.

Otherwise you need to make an application.

http://www.justice.gov.uk/courts/pro...rt18/pd_part18

M1

Thanks. The claim as been allocated to the small claims track.

I read nothing in the link provided that states part 18 doesn't apply to the small claims track.

I have sent the requests directly to the Claimant, it looks like my next step will be applying for an order from the court.

Still no opportunity for me to invite the court to strike it out at this stage?

[mystery1]

Re: CPR18 Request

Thanks. The claim as been allocated to the small claims track.

I read nothing in the link provided that states part 18 doesn't apply to the small claims track.

I have sent the requests directly to the Claimant, it looks like my next step will be applying for an order from the court.

Still no opportunity for me to invite the court to strike it out at this stage?

http://www.justice.gov.uk/courts/pro...es/part27#27.2

(f)


You can apply for a strike out at any time for any reason. Application and success are different beasts though.

M1