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Thread: 31.14 application for unless order at court

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  1. #1
    Amethyst's Avatar

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    Default 31.14 application for unless order at court

    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 costs £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

    The form is mostly self explanatory but this is an example of the completed form for reference.





    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. See the next post.
    Attached Thumbnails Attached Thumbnails ApplicationNoticeN244_CPR31.jpg   N244sign.png  
    Last edited by Amethyst; 30th March 2016 at 07:39:AM.
    “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

    Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.

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  2. #2
    Amethyst's Avatar

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    Default Re: CPR 31.14 Request for disclosure of specific information

    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.

    IN THE XXXXXXXXXXXXXXXXX COUNTY COURT

    Claim No. XXXXXXXX

    BETWEEN:
    XXXXXXXXXX
    Claimant
    - and –
    Defendant
    XXXXXXXXXX

    _________________________________

    ORDER
    _________________________________


    Before District Judge Sitting at the Northampton County Court CC BC, 4th floor, St Katharine's House, 21-27 St Katharine's Street, Northampton Northamptonshire, NN1 2LH, on the ............. day of .............. 2014

    UPON reading the Defendant’s Application Notice dated .......Todays Date.........

    And


    UPON the Court noting that the Claimant remains in breach of the Civil Procedure Rules Pre Action Protocol Practice Direction and CPR Rule 31.14.

    IT IS ORDERED THAT:

    1: The Claimant shall by 4pm on .................................... 2014 (7 days from the date of this order) provide the Defendant copies of the following documents mentioned in the Claim Form pursuant to CPR Rule 31.14.

    a) The Credit Agreement ((((((((((( ONLY DOCUMENTS THAT YOU ASKED FOR AND HAVE IN YOUR WITNESS STATEMENT ))))))))))))))))
    b) The Default Notice
    c) The assignment

    2: If the Claimant fails to comply with paragraph 1 the Claim shall stand struck out without further order.

    3: Upon the Claimant complying with paragraph 1 the Defendant shall file and serve his Defence by 4pm on.................................... 2014. (21 days after compliance with para 1)

    4: The Claimant do pay the Defendant’s costs in this application to be assessed if not agreed.



    You will also need a Witness Statement (see next post)
    Last edited by Amethyst; 13th October 2014 at 20:10:PM.
    “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

    Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.

    Find Solicitors offering fixed fees on our sister site - JustBeagle.com

  3. #3
    Amethyst's Avatar

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    Default Re: CPR 31.14 Request for disclosure of specific information

    WITNESS STATEMENT - the sections in green 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:
    Last edited by Amethyst; 13th October 2014 at 20:09:PM.
    “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

    Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.

    Find Solicitors offering fixed fees on our sister site - JustBeagle.com

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