claim from arrow for old orange contract

[nemesis45]

Re: claim from arrow for old orange contract

Can I ask for a statement under CPR as I think the account may be Statute Barred.

No sed, CPR 31.14 is for documents mentioned in the particulars of a claim, witness statement etc.

nem

[seduraed]

Re: claim from arrow for old orange contract

I have accidentally sent the CPR request to the wrong solicitors. The defence is due at the end of the month. What do I do now. I spoke to the solicitors today and,they have said that they will put the account on hold. I don't trust them. what should I do now?

[nemesis45]

Re: claim from arrow for old orange contract

I have accidentally sent the CPR request to the wrong solicitors. The defence is due at the end of the month. What do I do now. I spoke to the solicitors today and,they have said that they will put the account on hold. I don't trust them. what should I do now?

Re send the CPR 31.14 to the right solicitors asap.
You are right not to trust the " on hold" it is not an " official " extension of time agree between the parties and notified to the court.

The court process continues so you need to keep to all the time limits.

nem

[seduraed]

Re: claim from arrow for old orange contract

I accidentally sent the CPR to the wrong solicitors. What do I do now?

[Diana M]

Re: claim from arrow for old orange contract

I accidentally sent the CPR to the wrong solicitors. What do I do now?

. . . . and breathe . . .

As Nemesis says you should send the CPR request for documents to the acting solicitors.

It's not the end of the world that you sent it to the wrong solicitors who will have absolutely no idea what's going on (as far as they're concerned). Don't worry about them since they're not party to these proceedings. Let them scratch their heads while they try to figure out why on earth you've sent them a CPR 31.14 request for a claim which they've not issued.

I'm not familiar with the LB CPR 31.14 Template Letter and the deadline it imposes. If your claim was issued on 1st August then your Defence needs to be filed no later than 33 days after that.

The court is in charge of the timetable of a claim once it's been issued. Nobody else can fiddle with that without the court's overall consent.

Di

[seduraed]

Re: claim from arrow for old orange contract

Ok thanks, i will send a new written request tomorrow. I spoke to the issuing solicitors and they say they have put a hold on the proceding while they search for he docs. but i think everything should be in writing . The firm i have writen to have returned the request stateing the did not issue the claim so all good on their part .

[Diana M]

Re: claim from arrow for old orange contract

i think everything should be in writing .

I think that too

Di

[seduraed]

Re: claim from arrow for old orange contract

sent a cpr request but no response do i need to check with the court for a sty which what sols. told me would happen . Time is running out as the claim was issued on the 1st of august.

[nemesis45]

Re: claim from arrow for old orange contract

The timescale laid down is 7 calendar days for compliance, of course we always see the " claim is likely to be allocated to the SCT so CPR31 . 14 does not apply + all the waffle about claims issued via NCCBC and minimal POCs.

nem

[seduraed]

Re: claim from arrow for old orange contract

Thank you for your answer, but it doesn't really answer my question. What do put in the defence which is due tomorrow?
I don't think I have given the solicitors time to respond because I sent the original request to the wrong firm.

[nemesis45]

Re: claim from arrow for old orange contract

Thank you for your answer, but it doesn't really answer my question. What do put in the defence which is due tomorrow?
I don't think I have given the solicitors time to respond because I sent the original request to the wrong firm.

As long as it' s been sent to the correct sols now it's OK.

Are you looking to base a defence on non recognition of any such debt?
You still say the CPR has been sent and to date no reply has been received.
If a contract is mentioned in the POC they will need to disclose it at least 14 days prior to the hearing.

nem

[seduraed]

Re: claim from arrow for old orange contract

Yes that was, the plan, although the debt may be SB . If I use the no documents defence and then they come up with docs and the debt turns out to be SB can I amend my defence.

[nemesis45]

Re: claim from arrow for old orange contract

Yes that was, the plan, although the debt may be SB . If I use the no documents defence and then they come up with docs and the debt turns out to be SB can I amend my defence.

If the debt is statute barred and was so on the date the claim was issued and can confirm this now put in the defence.

If you are unsure of the debts status and believe that you can prove that it is SB in a short time it could be brought up in your witness statement which must be filed at least 14 days prior to the hearing ( newly discovered evidence)

nem