Good morning - CPR request

[Hebwybodaeth]

I emailed a request under CPR 31.14 to the claimant's solicitors, asking that they provide the specified documents within 7 days. That period expired on 22 February, and I have received neither the documents nor a response.

Please would advise me as to how I should proceed - for example, should I ask the Court to strike out the claim, or to give judgment in my favour.

Thank you.

[jaguarsuk]

A lot of solicitors will not accept service of documents via email because they might go to junk mail and be missed.

Unless the claim form specifically states they will accept service by email, then you should post the request to the address on the claim form N1.

[charitynjw]

Hi

Is this (potentially) a Small Claims Court case? (Up to £10k limit?)
If so it is not unusual for the sols to ignore early requests for disclosure of documents.
What stage is the claim at?
You are unlikely to get a strike out for this, & an application would cost £255 (unless you can get fee remission due to reduced financial circumstances....ie very low paid, state benefits etc.)

[Hebwybodaeth]

Thank you. Yes, a Small Claim. Service has been acknowledged on the basis of a defence. It may be that I would qualify for fee exemption on an application for striking out, although I believe that even if this was successful, the claimant could re-issue the proceedings. Perhaps it would be better to defend on the basis of the claimant's solicitors' failure to comply with the CPR 31.14 request.

[charitynjw]

. Perhaps it would be better to defend on the basis of the claimant's solicitors' failure to comply with the CPR 31.14 request.

That's pretty well what we do in most of the defences, among other things.
May I ask what type of claim this is? (Credit card, mobile 'phone, utility bill etc.)
It would give us a better idea on how to help you.

[Hebwybodaeth]

Thank you. It relates to a mobile phone.

[charitynjw]

Ok.

Below link is for an example defence.

I don't know whether your case involves consumer credit (some mobile phone agreements do.)

If not, remove any mention of anything to do with the Consumer Credit Act.

So
Amend para 3
Take out para 9
Take out para 12
Take out para 13
Paras 7 & 14 - don't know whether you've done these, so amend/remove as necessary
Add any other stuff which you want to put in your defence, renumber & you're good to go

You can post up a draft on here if you want us to double-check for you.