Action after CPR request

[jakeusticus]

Hi everyone,

I'll probably sit down and do a full post at some point later, but a quick question - court claim in progress, if the DCA fails to comply with a CPR request is it best to put in the usual defence anyway, lack of docs etc or to file an N244?

Any help appreciated

[nemesis45]

Re: Action after CPR request

If the solicitors decline to fulfil a CPR 31.14 one can chase it up
by stating it is still relevant until the claim is allocated to the
small claims track.
The form N244 for applications what would you be applying for?

If you are considering an " unless " order you may well find the
claimant will robustly challenge it and over all you may find that
the application is an incentive for the claimant to obtain the documents
which could well defeat your defence.

Non compliance can be mentioned in defence any way.

The CCA request is more important imo.

nem

[jakeusticus]

Re: Action after CPR request

Hi again [MENTION=55034]nemesis45[/MENTION]

Thanks for yet another quick and helpful response! I should add as I know you've been helping me over on a different thread, this is for a different debt (I know, bad timing!) and relates to an overdraft on a bank account, as such I believe the CCA isn't relevant/cannot be applied? I've sent the CPR request instead and received nothing back. Today I chased it and had the claimaints solicitors reply with 'we're working on it' but won't agree to an extension and positively encouraging me to enter my defence, which seemed odd.

I was referring to an Unless order, but it sounds to me like the best course of action would be to just enter the defence on the grounds of no docs?

Thanks

[nemesis45]

Re: Action after CPR request

Hi again @nemesis45

Thanks for yet another quick and helpful response! I should add as I know you've been helping me over on a different thread, this is for a different debt (I know, bad timing!) and relates to an overdraft on a bank account, as such I believe the CCA isn't relevant/cannot be applied? I've sent the CPR request instead and received nothing back. Today I chased it and had the claimaints solicitors reply with 'we're working on it' but won't agree to an extension and positively encouraging me to enter my defence, which seemed odd.

I was referring to an Unless order, but it sounds to me like the best course of action would be to just enter the defence on the grounds of no docs?

Thanks

At this stage yes, with caveat in the defence that if the claimant later
discloses and documents you will amend your defence and the cost
of the application will be sought from the claimant.

nem

[jakeusticus]

Re: Action after CPR request

At this stage yes, with caveat in the defence that if the claimant later
discloses and documents you will amend your defence and the cost
of the application will be sought from the claimant.

nem

Just to update this thread, I submitted my defence to the court as above. Since then I've been in regular contact with the claimants solicitors, and they suggested they would be open to negotiation around settlement.

I've just settled with them for 30% of the balance. Whilst I would have preferred to fight them to the end, I was uneasy with this being an overdraft claim and therefore not being able to rely upon the CCA, and could do without the stress if they were prepared to fight it all the way to the end! So I see this as a good result