If you receive no response or the claimant continues to refuse to supply documents, or if they say they will supply documents but it make take longer than the time you have to file a defence but refuse to confirm their agreement to an extension of time under the CPR, then you need to apply to the court for an order making them comply with your request. You must do this before the deadline for entering your defence.

An application for a directions order currently costs an application fee of £255.

You will need form N244. This can be downloaded N244 (opens in new window)

If you are on a low income or certain means- tested benefits you may be eligible for fee remission. In which case you can complete the EX160 form. There are instructions on how to do this here.

Completing the N244 Application

This is suggested text for section 3.

3: What order are you asking the court to make and why?

An order (a draft of which is attached)that the Claimant shall provide the Defendant with copies of the documents listed in the draft order, pursuant to its duties under CPR 31.14 within 7 days of the date of the order.

In default of the above the Claim stands struck out without further order.

In the event the Claimant complies with the above paragraph then the Defendant shall file and serve his Defence by 4pm on …………………………….. 2014 (not less than 21 days from the date of compliance)

The Claimant shall pay the Defendants costs in this application.

You then need to attach a ‘Draft Order for Directions’ and a ‘Witness Statement’ to this application, these should be printed on separate sheets of paper.

Draft Order

Witness Statement

The sections in green/bold will need amending and further information regarding contact with the Claimants adding. If you mention a letter or document you should name it as an [ EXHIBIT ] attach it to this Witness Statement.

This is JUST AN EXAMPLE and you should adjust to suit your own case and circumstances. If in any doubt please post on the forum.

The whole thing will need reading, CHECKING and ensuring it is the TRUTH………. DO NOT JUST COPY BLINDLY AND SEND TO COURT – THIS IS AN EXAMPLE NOT A TEMPLATE

IN THE XXXXXXXXXXXXXXXXX COUNTY COURT
Claim No. XXXXXXXX
BETWEEN:
XXXXXXXXXX
Claimant

and –
Defendant
XXXXXXXXXX

_____________________

WITNESS STATEMENT OF xxxxxxxxxxxxxxxxxxxxxx

---

I XXXXXXXXXX of XXXXXXXXXX address XXXXXXXXXX being the Defendant in this case will state as follows;

1. I make this Witness Statement in support of the application for an order that the Claimant do provide copies of documents pursuant to CPR 31.14.

2: CPR rule 31.14 states

(1) A party may inspect a document mentioned in –
(a) a statement of case;
(b) a witness statement;
(c) a witness summary; or
(d) an affidavit

The Defendant is therefore entitled to inspect copies of the Credit Agreement, the Default notice and the assignment.

3. On XXXXXXXXXX 2014 I made a written request to the Claimant solicitors requesting that the Claimant provides copies of all documents mentioned in the statement of case.[EXHIBIT A]
4. The Claimants claim is based upon the Defendants alleged breach of contract and therefore the contract is entirely cental to the Claimants case.
5. CPR Rule 31.15 requires that documents are provided within 7 days from receipt of a written request. The Claimant has failed to provide any of the documents mentioned in its claim form.
6. On XXXXXXXXXX , I contacted the Claimants by telephone/in writing ….summarise what was said and/or attach [EXHIBITS] and repeated my request for copies of documents pursuant to CPR 31.14. I also sought an extension of time for filing my defence to the Claim in accordance with CPR 15.5.
   Add in any further contact between yourself and the Claimants here and attach written documents as EXHIBITS
7. The Claimant has mentioned the (((((((((((((((ONLY PUT DOCUMENTS YOU ASKED FOR IN YOUR LETTER HERE AND ONLY DOCUMENTS THE CLAIMANT MENTIONED IN THEIR CLAIM FORM eg, Credit Agreement, the Default Notice and the Assignment ))))))))))))))))))) in its Statement of Case and yet it has provided none of these documents despite my entitlement to inspect these documents.
8. I refer to the ruling of Rix LJ in Expandable v Rubin [2008] EWCA Civ 59 (at paragraph 24)

“The general ethos of the CPR is for a more cards on the table approach to litigation. If a party thinks it worthwhile to mention a document in his pleadings, witness statements or affidavits, I do not see why, subject as I say to the question of privilege, the court should put difficulties in the way of inspection. I look upon the mention of a document in pleadings etc as a form of disclosure. The document in question has not been disclosed by list, or at any rate not yet, but it has been disclosed by mention in what, for the purposes of litigation, is another important and formal category of documents. If so, then the party deploying that document by its mention should in principle be prepared to be required to permit its inspection, and the other party should be entitled to its inspection.”

9. The Claimants pleaded case is that the Defendant entered into an agreement with XXXXX Original Creditor XXXX under account reference XXXXXXXXXXXX. I am uncertain as to which account this refers to. It is accepted that I have had banking products with XXXXX Original Creditor XXXX in the past however the account number given does not relate to any information I have, therefore it is essential that I have sight of the agreement relied upon by the Claimant to be able to accurately identify to what the claim refers.

10. I therefore ask that the Court grants an extension of time to file my Defence and orders the Claimant to provide copies of the documents mentioned in its statement of case. I would also ask the Court to order the Claimants pay the costs of this application which could have been avoided had the Claimants had their house in order from the outset.

Statement of Truth

I, XXXXXX, the Defendant, believe the facts stated within this Witness Statement to be true.

Signed: ____________________

Dated:

If you have received a County Court Claim from a creditor or debt purchaser, don’t panic ! LegalBeagles have many years of experience assisting consumers in dealing with these claims, so you are in the right place to work out what steps you should take before making a decision whether to defend the claim or negotiate a settlement.

We provide a list of guides and examples of letters and documents that may help you.

If you can’t find the information you are looking for, please post on the forum or contact us

If you are looking for formal advice you should get in touch with Citizens Advice or National Debtline.

Visit the Forum – County Court Claims

• Consumer Credit Claims
• First Steps
• Acknowledge a Claim
• Check Your Dates
• CCA Request Letter
• CPR 31.14 Request Letter
• Subject Access Request Letter
• Example Defence
• Set Aside Application

---

Visit the Forum – County Court Claims

We now feature a number of specialist consumer credit debt solicitors on our sister site, JustBeagle.com – If your case is over £10,000 or particularly complex it may be worth a chat with a solicitor, often they will be able to help on a fixed fee or CFA (no win, no fee) basis.