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11th January 2017, 13:24:PM #25
Strange reply regarding CPR 31.14, HELP!
I sent off my CPR request (template from this site) and I've had the following reply. Where go I go from here? My defence is due tomorrow?!?! Ahhh.. So out of my depth here. Any help would be appreciated!
' We acknowledge your request for documentation pursuant to CPR 31.14
We confirm our client is willing to agree to the extension of 28 days, for you to file your defence. Pursuant to CPR 15.5 (2) please notify the court in writing of the agreement.
CPR 31.14 relates to a right to inspect a document and can be distinguished from a standard disclosure of evidence during the court proceedings.
We believe that you may have already ''inspected'' the documents to which you make reference because on various dates in the past they would have been sent to you by another party such as the original creditor.
We would be grateful if you could confirm what documents you have in your possession or control relating to this matter to avoid duplication over document inspection. We will then take our clients instructions. '
I've also attached the relevant information below. It was also mentioned to me that its strange that the default notice wasnt mentioned in the POC? Any advise on what to do next would be great. Do I need to write to the court for an extra 28 days extension? Im sure my defence is due tomorrow.
Received a claim? CCJ
Issue Date: 12/12/16 - I have already acknowledged it and extended it until 28days
Amount approx: 3000
Claimant: ME III limited
Solicitor: Mortimer clark solicitors
Original Creditor: Black horse finance (lloyds)
Particulars of Claim: the claim is for the balance of instalments due and unpaid under an agreement dated 17/08/2009 and under which black horse ltd agreed to provide credit in relation to the purchase of goods payable by instalments ("the agreement"). The agreement was assigned to the claimant. Particulars : 1. amount due and unpaid 3216.97. The claimant therefore claims 1. amount due and unpaid 3216.97
Is the debt Statute Barred? *** This is where Im stuck. This debt is no longer on my credit file, and Im pretty sure its statute barred but no way of finding out?***
List any letters you have sent: None so far due to completely forgetting over Xmas. Im sure most of these offices are going to be closed over Xmas too.
Any Other Info: This CCJ was sent to my mums address. They dont have my current address, Its lucky she still lives there or this would have gone unnoticed! I didnt pay this bill for very long due to change in curcumstances and could no longer afford, buried my head in the sand and didnt hear anything for years until this. Im pretty sure its statute barred but need help with how to find out? I need to also act very quickly as time was wasted over Xmas. But again, I doubt most offices will even be open until new year so now im worried I wont get the reply I need in time.
Any help would be appreciated
Thanks in advance
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