county court claim - please help

KeithP

OK, then it looks like you can ask for a copy of the signs under CPR31.14.

You can of course ask them for all the other stuff you mention, but I suspect that if you ask for it under CPR31.14 they will refuse your request.

My suggestion would be to just ask for it all without mentioning CPR31.14.

Read para 5 DISCLOSURE OF DOCUMENTS in the PRE-ACTION PROTOCOL FOR DEBT CLAIMS where it says:

5 DISCLOSURE OF DOCUMENTS

5.1 Early disclosure of documents and relevant information can help to clarify or resolve any issues in dispute. Where any aspect of the debt is disputed (including the amount, interest, charges, time for payment, or the creditor’s compliance with relevant statutes and regulations), the parties should exchange information and disclose documents sufficient to enable them to understand each other’s position.

5.2 If the debtor requests a document or information, the creditor must –
(a) provide the document or information; or
(b) explain why the document or information is unavailable, within 30 days of receipt of the request.

illusionsss

But if they do indeed provide the contract between them and landowner etc doesn't that mean a few paras in my defence need to disappear? Plus in this template I have for this request it says I am responsible for the costs of them copying the docs and I worry what these costs will be from Glads...

Sorry if I sound thick but which request will bring me all the correspondence between pking co, debt recovery, solicitors and myself? Will the SAR give me that? That is mainly what I would like as I dont have any anymore apart from court claim papers

Redx

no it wont , a SAR will only give you your own data, nothing else

the chances are they wont produce any other evidence or docs etc until the WS + EXHIBITS stage, a few weeks before the court hearing


you can ask, you can stamp your foot, but there is no compulsion that will make them reveal all their case until this WS and EXHIBITS stage

illusionsss

Hello, I thought I will update here with a few things. I spent a while searching all my laptop and found the original PCN and also the debt recovery letter that followed a few weeks after. Is it worth you guys seeing these?

Haven't heard back from the SAR letter I sent, which I expected.

And last thing, did anyone have a look at my last draft defence so I know if it is good for me to send?

Le_Kirk

Providing you have added all the points mentioned by posters about typos and amendments, it seems to have everything that it should have. PPCs have 30 days to respond to SARs. You sent yours by post, why did you not e-mail it to the data protection officer at the PPC? From the date you sent it first class, it is deemed delivered two working days later, so add 30 days to that.

illusionsss

Hi again, just an update, I am ready to print the defense and take it to be scanned into pdf and send it to them tonight.

May I ask you please, should I outline or bold anything in the defense like the abuse of process or any wording that needs to stand out? Or not?

nosferatu1001

Defence. Still no "s"!

No, no bold or underline.

illusionsss

Sorry the word was coming up with underline red so i let the mouse correct it and that's how it became with s. Thank you for your reply.

nosferatu1001

Yes, because you are using the US spell checker. Change it!

illusionsss

Update. I filed the defence, been received on site and got a letter from the court that a copy will be sent to the claimant.

Last week received a letter from Glastones with DQ and need your help with something, which not sure if I should agree or not.

It says: "You will note we intend to request a special direction that the case be dealt with on the papers and without the need for an oral hearing. This request is sought simply because the matter is in our Client's opinion relatively straightforward and the costs incurred by both parties for attending an oral hearing would be disproportionate. We trust you agree."

It also says their client has elected not to mediate, but they are happy to listen to any genuine payment proposals I wish to put forward.

I read a little about how to fill the DQ but I am intending to spend more time with that, I am just unsure about the case being dealt just on papers? Please advise me on this please. Thank you.