21d (edited) • GDPR for Debt Collectors
PGM 8 Jan 26 - CPR 23 and CPR27
UPDATE - DON'T READ WHAT I'VE WRITTEN HERE, I GOT IT ALL WRONG - SEE GRAHAM'S ANSWER AT THE TOP OF THE THREAD 👍
We had an excellent meeting last night and I've been pondering and going through my notes today.
As this 'discretion' thing, via CPR27, is something that raised it's ugly head when was helping an LIP in court recently, and as CPR23 didn't quite gel with me yesterday, I think I've figured it out (apologies if most of you got it straight away).
If I've understood correctly, CPR23 is our 'fuck you'.
My confusion arose when Peter said it must be done on a live case where a claim no has been issued.
Please correct me if I'm wrong on any of this, but my understanding so far is:
- We can use CPR23, where we're asking for disclosure, on an N1 when filing a claim and asking for Injunctive and Declaratory relief. We don't put an amount in that we're claiming we just leave that blank (many have been rejected for B&PC because of low value - £5k - and been sent back to CC).
- We can use the same when submitting N180
- I was unsure if this could be used on an N244 or not (I think Peter said it could but my notes are unclear 🤔).
As DCA's preferred route is to use CPR27 and small claims track for the very reason that corrupt Judgypoo can ignore everything and use 'discretion' where we're winning and basically do whatever they want.
Apparently it's an absue of discretion if they ignore case law but this would have to be challenged at the time methinks? It's also a violation of Human Rights, which gives us rights to a fair hearing (nobody holding their breath)
So, by nipping in first with CPR23 which requires DISCLOSURE (of documents, as per Peters slides etc) this will prevent these criminals trying to use CPR27.
Hope I got this right and happy to be put straight if not 👍
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PGM 8 Jan 26 - CPR 23 and CPR27
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