Particulars Of Claim on Court Claim Form

[Thomo68]

Hi There - I was just about to respond to a court claim by sending the template letter CPR 31.14 - the particulars of the claim is as follows so can you confirm that I can only ask for the contract and assignment:-

The claimant claims payment of the overdue balance due from the Defendant under a contract between the Defendant and NewDay Ltd dated on or about Nov 15 2013 and assigned to the Claimant on Oct 18 2016.

Many thanks

[Kati]

Re: Particulars Of Claim on Court Claim Form

looks like it to me ... although I'd be tempted to ask for proof of the 'overdue balance' too lol
[MENTION=87380]Diana M[/MENTION] [MENTION=5553]charitynjw[/MENTION] ??

[charitynjw]

Re: Particulars Of Claim on Court Claim Form

Does it mention 'default' anywhere on the claim form? (Sometimes it is mentioned underneath the main body of the Particulars).
If so, ask for the Default Notice.
Also, in addition to asking for the Notice of Assignment, ask for the Deed of Assignment as well.

As this is likely to be a regulated agreement, send a CCA s77-79 request + £1 fee to the Claimant.

Have you acknowledged the claim yet?

[Diana M]

Re: Particulars Of Claim on Court Claim Form

First things first.

Have you filed the Acknowledgement of Service stating that you intend to defend all of the claim?

Have you sent a s 77-79 CCA Request to the Claimant and who are they and who are their solicitors (if any have been instructed)?

There are differing opinions of what you can ask for in a CPR 31.14 Request. Strictly speaking you can only ask the court to force disclosure of documents mentioned in the POC but I see no harm in asking for whatever you want - they can only say no.

If you don't ask you don't get.

Di

[Diana M]

Re: Particulars Of Claim on Court Claim Form

Does it mention 'default' anywhere on the claim form? (Sometimes it is mentioned underneath the main body of the Particulars).
If so, ask for the Default Notice.
Also, in addition to asking for the Notice of Assignment, ask for the Deed of Assignment as well.

As this is likely to be a regulated agreement, send a CCA s77-79 request + £1 fee to the Claimant.

Have you acknowledged the claim yet?

Our posts crossed.

I'm glad you share my view that you might as well ask for everything even if the documents are only referred/alluded to in the POC but not specifically mentioned.

The CPR 31.14 Request is a vehicle for seeking disclosure especially if the Defendant didn't ask for any documents at the pre-litigation stage in response to any Letter Before Action/Claim received (if one was sent that is).

Di

[charitynjw]

Re: Particulars Of Claim on Court Claim Form

Our posts crossed.

I'm glad you share my view that you might as well ask for everything even if the documents are only referred/alluded to in the POC but not specifically mentioned.

The CPR 31.14 Request is a vehicle for seeking disclosure especially if the Defendant didn't ask for any documents at the pre-litigation stage in response to any Letter Before Action/Claim received (if one was sent that is).

Di

Morning (well, at time of typing!), Di

I reckon you could justify asking for stuff by arguing 'train of enquiry' (Bit like the old Peruvian Guano test).
If the PoC implies that documentation exists, I reckon it's fair game.
& as you say, you don't ask, you don't get!