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Re: Restons Solicitors and made up payment
The two page letter attached to this post shows you what I wrote to the solicitors dealing with my case:
http://www.legalbeagles.info/forums/...950#post444950
You are requesting the documents under the CPR 31.14 rules, so you just state that in the letter and tell them what documents you want as well as the fact that you're willing to cover their photocopying costs etc.
For proof of the payment, you will have to make a separate SAR (subject access request) to the original lender or the debt collection agents (whichever one now owns the debt) and you will have to include a postal order for £10 with it. Because of the time scales involved (and you really don't have much time), you're likely to be putting the CPR 31.14 request to the solicitors and the SAR request to the lender in at the same time. When I did this I received a reply from the solicitors with some documents, which I suspect was actually triggered by the SAR request rather than the CPR request, because the cover letter was worded as if they were supplying what I had asked the lender for (if that makes sense??). At the end of the day it's failing to meet the CPR 31.14 request that will get the case struck out.
The attachment link above seems to be quite hard to read, so this is what it says:
Re: xxxxxxxxxxxxxx v xxxxxxxxxxxxxx Case No: xxxxxxxxxxxxxx
CPR 31.14 Request
Dear Sir,
On xxxxxxxxx I received the Claim Form in this case issued by you out of the Northampton (CCBC) Country Court.
I confirm having returned my acknowledgement of service to the court in which I indicate my intention to contest all of your claim.
Prior to the issue of proceedings, over a period of almost 12 months I have repeatedly requested that the claimant produce a verified and legible copy of the agreement mentioned in the Claim Form and on which you rely. The claimant has failed to supply this.
Please treat this letter as my request made under CPR 31.14 for the disclosure and the production of a verified and legible copy of each of the following documents mentioned or implied in your Particulars of Claim:
1: the agreement.
2: the notice of assignment.
3: the deed of assignment.
4: the default notice.
5: the termination notice.
6: statement of account.
Although your claim is for a sum which is not more than £10,000.00 and will in all likelihood be allocated to the track for determination upon my delivering a defence, at this moment in time I have not delivered my defence and the case has not been allocated to a track. In consequence the provisions of CPR 27(2) are of no effect and you should not seek to avoid compliance with your CPR 31 duties by claiming otherwise.
You should ensure compliance with your CPR 31 duties and ensure that the document(s) I have requested are copied to and received by me within 7 days of receiving this letter. Your CPR 31 duties extend to making a reasonable and proportionate search for the originals of the documents I have requested, the better for you to be able to verify the document's authenticity and to provide me with a legible copy. Further, where I have requested a copy of a document, the original of which is now in the possession of another person, you will have a right to possession of that document if you have mentioned it in your case. You must take immediate steps to recover and preserve it for the purpose of this case.
Where I have mentioned a document and there is in your possession more than one version of that same document owing to a modification, obliteration or other marking or feature, each version will be a separate document and you must provide a copy of each version of it to me. Your obligations extend to making a reasonable and proportionate search for any version(s) to include an obligation to recover and preserve such version(s) which are now in the possession of a third party.
In accordance with CPR 31.15(c) I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.
If you require more time in which to comply with this request you must tell me in writing. You must tell me before the time for compliance with this request has expired. In telling me you require more time you must tell me what steps you have taken and propose to take in order to comply with this request and also state a date by when you will comply with this request. In addition your statement must be accompanied with a statement that you agree to an extension of the time for me to file my defence. Your extension of time must be not less than 14 days from the date when you say you will have complied with my request and you must state the new date for filing my defence.
If you are unable to comply with this request and believe that you will never be able to comply with this request please confirm this in your response.
Yours faithfully
Originally posted by Nichola1970
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http://www.legalbeagles.info/forums/...950#post444950
You are requesting the documents under the CPR 31.14 rules, so you just state that in the letter and tell them what documents you want as well as the fact that you're willing to cover their photocopying costs etc.
For proof of the payment, you will have to make a separate SAR (subject access request) to the original lender or the debt collection agents (whichever one now owns the debt) and you will have to include a postal order for £10 with it. Because of the time scales involved (and you really don't have much time), you're likely to be putting the CPR 31.14 request to the solicitors and the SAR request to the lender in at the same time. When I did this I received a reply from the solicitors with some documents, which I suspect was actually triggered by the SAR request rather than the CPR request, because the cover letter was worded as if they were supplying what I had asked the lender for (if that makes sense??). At the end of the day it's failing to meet the CPR 31.14 request that will get the case struck out.
The attachment link above seems to be quite hard to read, so this is what it says:
Re: xxxxxxxxxxxxxx v xxxxxxxxxxxxxx Case No: xxxxxxxxxxxxxx
CPR 31.14 Request
Dear Sir,
On xxxxxxxxx I received the Claim Form in this case issued by you out of the Northampton (CCBC) Country Court.
I confirm having returned my acknowledgement of service to the court in which I indicate my intention to contest all of your claim.
Prior to the issue of proceedings, over a period of almost 12 months I have repeatedly requested that the claimant produce a verified and legible copy of the agreement mentioned in the Claim Form and on which you rely. The claimant has failed to supply this.
Please treat this letter as my request made under CPR 31.14 for the disclosure and the production of a verified and legible copy of each of the following documents mentioned or implied in your Particulars of Claim:
1: the agreement.
2: the notice of assignment.
3: the deed of assignment.
4: the default notice.
5: the termination notice.
6: statement of account.
Although your claim is for a sum which is not more than £10,000.00 and will in all likelihood be allocated to the track for determination upon my delivering a defence, at this moment in time I have not delivered my defence and the case has not been allocated to a track. In consequence the provisions of CPR 27(2) are of no effect and you should not seek to avoid compliance with your CPR 31 duties by claiming otherwise.
You should ensure compliance with your CPR 31 duties and ensure that the document(s) I have requested are copied to and received by me within 7 days of receiving this letter. Your CPR 31 duties extend to making a reasonable and proportionate search for the originals of the documents I have requested, the better for you to be able to verify the document's authenticity and to provide me with a legible copy. Further, where I have requested a copy of a document, the original of which is now in the possession of another person, you will have a right to possession of that document if you have mentioned it in your case. You must take immediate steps to recover and preserve it for the purpose of this case.
Where I have mentioned a document and there is in your possession more than one version of that same document owing to a modification, obliteration or other marking or feature, each version will be a separate document and you must provide a copy of each version of it to me. Your obligations extend to making a reasonable and proportionate search for any version(s) to include an obligation to recover and preserve such version(s) which are now in the possession of a third party.
In accordance with CPR 31.15(c) I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.
If you require more time in which to comply with this request you must tell me in writing. You must tell me before the time for compliance with this request has expired. In telling me you require more time you must tell me what steps you have taken and propose to take in order to comply with this request and also state a date by when you will comply with this request. In addition your statement must be accompanied with a statement that you agree to an extension of the time for me to file my defence. Your extension of time must be not less than 14 days from the date when you say you will have complied with my request and you must state the new date for filing my defence.
If you are unable to comply with this request and believe that you will never be able to comply with this request please confirm this in your response.
Yours faithfully
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