Does requesting a CCA acknowledge a debt?

[Diana M]

Re: Does requesting a CCA acknowledge a debt?

I am going to email the court the docs again, just to ensure they definitely have them (I've already posted and emailed). Is there a particular reference format i should use in the subject bar?

It would make sense to put the claim (Civil Rule) number and the hearing date.

Di

[dsc20030]

Re: Does requesting a CCA acknowledge a debt?

Hi Di
just rang the court again. Still no CoR.
what do you think I should do now?!
thanks for all your help!!

[Diana M]

Re: Does requesting a CCA acknowledge a debt?

just rang the court again. Still no CoR.
what do you think I should do now?!

There's always the possibility that the CoR could have been filed but not uploaded onto their system yet.

I'm not being negative, but I don't want to raise expectations.

I can't advise you what to do, but the court has told you that you're not required to attend tomorrow's hearing. You've made them aware that you haven't received any documents so can't file your Defence until you do.

Has there been any response from the solicitors to your letter or Form 68A request to see their documents?

I can't predict what the judge will do tomorrow, but let's hope it's something positive in your favour.

Di

[dsc20030]

Re: Does requesting a CCA acknowledge a debt?

There's always the possibility that the CoR could have been filed but not uploaded onto their system yet.
Di

Hi Di, I've been doing a little more digging, and I've found this..

Lodging of certificate of readiness
(1B) The plaintiff must notify the defendant in writing of his intention to lodge the certificate of readiness no later than 14 days prior to lodging the certificate

So I'm assuming the Plaintiff cannot have lodged a CoR before tomorrow's hearing, or i would have known about it at least 2x weeks ago

Has there been any response from the solicitors to your letter or Form 68A request to see their documents?
Di

None whatsoever. But I also found this...

Notice for further particulars [subst. SR 2013/19 on 25 Feb 2013]
3.—(1) In any case to which Rule 2(4) does not apply, the defendant may require the plaintiff, by notice in writing served within 14 days after service of the notice of intention to defend, to furnish further particulars of claim within 14 days of service of the notice for particulars.
(2) In any case to which Rule 2(4) does not apply, the plaintiff may require the defendant by notice in writing served within 14 days after service of the particulars of claim or where no notice for further particulars of claim has been served, within 14 days of service of the notice of intention to defend, to furnish particulars of any defence, set off or counterclaim within 14 days of service of the notice for particulars.


And then...
Discovery of documents [am. SR 2013/19 on 25 Feb 2013]
1.—(1) Within 14 days of further particulars being furnished in accordance with Order 5 rule 3(2) there shall, subject to and in accordance with the provisions of this Order, be discovery by any party to any proceedings of the documents which are or have been in their possession, custody or power relating to any matter in question in the proceedings.

I've gone over this that many times I've confused myself! The way i'm reading that, we've both missed the window for further particulars. So where does Discovery fit in, when it is supposed to be within 14 days of further particulars?!

[dsc20030]

Re: Does requesting a CCA acknowledge a debt?

Hi all

Just an update! I've just called the court.

I have to file my defence within 14x days (from today)
We both have 28x days to file discovery (from today)
And the Plaintiff has 6x weeks to file a CoV (from today)

So it looks like the judge has at least put the wheels in motion to bring this matter to a conclusion!

[dsc20030]

Re: Does requesting a CCA acknowledge a debt?

Hi all

Just an update to let you know I've had the Plaintiff's Discovery, listing the documents they plan to use in the proceedings...

Low and behold, it includes a copy of this forum post!!!!

[Diana M]

Re: Does requesting a CCA acknowledge a debt?

've had the Plaintiff's Discovery, listing the documents they plan to use in the proceedings...

Low and behold, it includes a copy of this forum post!!!!

While in some ways that's flattering, in another way it supports the theory that they may not have sufficient evidence of their own

Di