Court letter but no default notice on file

StopIt

rbritish wrote: »

Hiya
I have not received a response from the solicitors now and the 7 days for them to respond is up. I have confirmation the CPR request to show me their documents to enter my defence on or before 3rd May by signed for post.
Can I now apply to the Court to let them know I can't reasonably enter my defence as the solicitor is in default of my request and ask for it to be stopped?
Thank you again.
RICHARD.

No, but you can use it as part of the defence saying they are in breach of regulations and thus when it comes to the hearing that may swing things for you.


What is your defence to the claim and what are you expecting from the solicitors that you're relying upon?

rbritish

Hiya Stop It

The defensive is waiting to be built and put to my Union solicitors but they have instructed me to send the CPR request for disclosure of the documents they will be relying on in Court, namely the agreement or template, the original default document and the assignment document. If they do not, which they haven`t then they are in default and I am legally `embarrassed`.
Not sure if I should ring their solicitor today or set my defence as I am not able to ascertain the merits of the claim due to no documents and the claim summary being vague. `We have sent the defendant all documents in line with our obligations regarding pre action conduct`
RICHARD.

StopIt

Set your defence accordingly.


If your defence is that they do not have the original credit agreement and they don't produce that to prove the debt, then the claim will be thrown out. They need to prove the debt, not you and as long as you turn up and contest it you'll win.

rbritish

Hiya

Rang their solicitors. It will take 4-5 weeks to get the documents. Refusing to send me a letter agreeing to an extension on the defence submission.
RICHARD.

StopIt

If they can't prove the debt to you, they can't prove the debt to the court either.


Use that as your defence. If you wait for them to prove it, you then cannot defend the claim if their paperwork is correct. A lack of a default notice is NOT a defence.

fatbelly

There's a template defence on legalbeagles here

http://legalbeagles.info/forums/showthread.php?53221-EXAMPLE-Defence-for-Consumer-Credit-Court-Claims

rbritish

Hi Fatbely

The CPR request expired yesterday and the C C A request won't expire until four days after I have to file my defence under the grounds of non disclosure. I was hoping to file my defence tomorrow. Either way, the C C A request will be refused within the time limit.
I think I have been reasonable with their solicitor (not a real solicitor, had to speak to some bloke in a call centre who spoke to his supervisor).
RICHARD.

rbritish

Hi
The defence has now been submitted online and received by the Court. A more detailed letter with copies of my letters to the solicitors are to be sent by recorded delivery in support. See what the Court makes of it now. Done my best.
Thank you everyone for your kind help.
RICHARD.

fatbelly

If the claimant wants to continue with this, there will be a hearing. You will be asked to send supporting documents to the court and the claimant (file and serve)14 days ahead of this.

However, it won't get allocated to a court (the one nearest to you) until a bit later in the process.

StopIt

rbritish wrote: »

Hi
The defence has now been submitted online and received by the Court. A more detailed letter with copies of my letters to the solicitors are to be sent by recorded delivery in support. See what the Court makes of it now. Done my best.
Thank you everyone for your kind help.
RICHARD.

As above really, you'll be invited to send that supporting evidence in due course.


Good luck.