([YOUR ADDRESS & POSTCODE]

[SOLICITORS NAME, ADDRESS & POSTCODE - IF SOLICITORS ARE STATED ON THE CLAIM FORM] 

[DATE IN FULL]

Subject: Request for Disclosure – Claim No. [INSERT CLAIM NUMBER]

Dear Sirs,

I write in relation to the above claim, served on me on [Insert Date of Service], and which I have acknowledged with an intention to defend in full. This letter is a formal request for documentation fundamental to your claim, in accordance with your obligations under the Civil Procedure Rules (CPR).

Although the claim has not yet been allocated to track, I request disclosure under CPR 31.14 of documents referred to or relied upon in your Particulars of Claim. I note that CPR 27.2(1) disapplies Part 31 in small claims, but at this stage that exception does not apply. Further, the principles of fairness and procedural efficiency, as reflected in CPR 1.1 (the Overriding Objective), require early exchange of material documents.

Documents Requested

Please provide the following within 14 days of receipt of this letter:

1. A full, unredacted copy of the Deed of Assignment, or equivalent instrument of assignment, relied upon in your claim.
   
   

2. Proof of service of any Notice of Assignment, including:

   • Any cover letters,

   • Postal receipts or confirmations,

   • Certificates or witness statements of service.

These documents are necessary to demonstrate that the Claimant has legal title to bring the claim, in accordance with section 136 of the Law of Property Act 1925.

Legal Authority

I refer you to the following authorities which support the necessity of disclosure of assignment documentation:

• Van Lynn Developments Ltd v Pelias Construction Co Ltd [1969] 1 QB 607

• Hancock v Promontoria (Chestnut) Ltd [2020] EWCA Civ 907

• Jones v Link Financial Ltd [2012] EWHC 2402 (QB)
  
  

Without access to these documents, I am unable to verify the Claimant’s standing or assess the merits of the claim, and therefore cannot submit a fully particularised Defence.

Disclosure Flexibility and Timelines

I am willing to accept redacted versions of documents where appropriate, provided my personal data, the claimant’s entitlement, and the documents’ authenticity are clearly visible.

If you are unable to comply within 14 days, please confirm in writing:

• Your reasons,

• A proposed revised date for compliance,

• Whether you agree to an appropriate extension of the Defence deadline in accordance with CPR 15.5, if needed.
  
  

If you are unwilling or unable to provide the documents at all, I request a written explanation so that I may consider my procedural options. Failure to provide a meaningful response may result in an application to the Court for an order for disclosure, a stay of proceedings, or strike-out of the claim. I may also seek costs in connection with any such application.

Alternative Dispute Resolution and Service by Email

I remain open to resolving the matter through mediation or other alternative dispute resolution, provided that the above documents are received no less than 5 days prior to any appointment, so that I may engage meaningfully.

To expedite communication, I confirm my willingness to accept service of correspondence and court documents by email, up to 10MB or 50 pages per message. Please confirm whether you are similarly willing to accept service by email, and inform me of any technical limitations.

I look forward to your prompt response within 14 days.

[Your Full Name]

Email: [EMAIL ADDRESS]

[YOUR ADDRESS & POSTCODE]

[SOLICITORS NAME, ADDRESS & POSTCODE - IF SOLICITORS ARE STATED ON THE CLAIM FORM] 

[DATE IN FULL]

Re: Claim Number: [INSERT CLAIM NUMBER]

NOTICE OF NON-COMPLIANCE AND REPEATED REQUEST FOR ASSIGNMENT DOCUMENTS

Subject: NOTICE OF NON-COMPLIANCE AND REPEATED REQUEST FOR ASSIGNMENT DOCUMENTS
 

Dear Sir/Madam,

I write further to my previous correspondence dated [insert date of first letter], in which I formally requested disclosure of:

1. The Instrument (or Deed) of Assignment relied upon in this claim, and

2. Proof of service of the Notice of Assignment (NoA).
   
   

To date, no response or documentation has been provided. I must now record this as a formal notice of non-compliance and repeat my request. It remains essential that I receive these documents to understand the legal basis of the claim and to verify whether the Claimant has the requisite legal standing to issue proceedings.

1. Instrument of Assignment / Deed of Assignment

This document, whether styled as a “Deed of Assignment,” “Debt Sale Agreement,” or otherwise, is required to demonstrate a valid legal assignment under section 136 of the Law of Property Act 1925.

I refer to the following case law:

• Van Lynn Developments Ltd v Pelias Construction Co Ltd [1969] 1 QB 607 – Lord Denning confirmed that a debtor is entitled to inspect the instrument of assignment to ensure that the assignee can provide good discharge.

• Hancock v Promontoria (Chestnut) Ltd [2020] EWCA Civ 907 – A redacted deed may be insufficient if it omits material terms affecting enforceability.

• Infederation Ltd v Google LLC [2021] EWHC 2355 (Ch) – Confidentiality is not a sufficient ground to withhold disclosure; safeguards can be put in place.

• Jones v Link Financial Ltd [2012] EWHC 2402 (QB) – Reinforces that a legal assignment must be absolute, in writing, signed by the assignor, and notified to the debtor.
  
  

If a legal assignment has occurred, there must be a contemporaneous instrument evidencing the transaction. I am entitled to inspect this to assess the validity of your claim.

2. Evidence of Service of the Notice of Assignment

The mere existence of a NoA is not sufficient. Proof of service must be supplied, such as:

• A covering letter or postal confirmation (e.g. proof of postage or delivery), or

• A witness statement attesting to personal or postal service.
  
  

If the Claimant cannot establish valid service, the legal assignment fails under section 136 LPA 1925.

3. Exception to Privity of Contract

Absent a valid legal assignment, the Claimant cannot rely on the exception to privity of contract as per Dunlop Pneumatic Tyre Co Ltd v Selfridge Ltd [1915] AC 847.

Further, in Mitchell McFarlane & Partners Ltd v Foremans Ltd [2002] All ER (D) 228,** it was confirmed that an equitable assignee cannot sue in its own name and must join the assignor as a party. Therefore, unless the Claimant can prove a legal assignment, it has no standing to bring this action in its own name.

4. Due Diligence and Legal Formalities

If the alleged debt was acquired, regulatory due diligence must have been undertaken. The following statutory provisions are relevant:

• Section 136 of the Law of Property Act 1925

• Section 44 of the Companies Act 2006

• Regulatory Reform (Execution of Deeds and Documents) Order 2005 (SI 2005/1906)
  
  

Please explain how you intend to demonstrate compliance with the above if the documents are unavailable.

5. Disclosure and Reasonable Redaction

I am willing to accept appropriately redacted documents to protect irrelevant personal or commercially sensitive data, provided the following are clearly visible:

• My own personal information,

• The date and parties to the assignment,

• The nature of the debt and terms of the transfer, and

• Any signatures or execution details.
  
  

6. Mediation and Alternative Dispute Resolution

I remain open to resolving this matter by alternative means, including mediation. However, I must receive the assignment documentation at least five (5) working days before any scheduled appointment to allow meaningful participation. Failure to do so may necessitate postponement or cancellation.

7. Final Opportunity and Intention to Seek Relief

This letter serves as a final opportunity to comply. Please respond in writing within 14 days from the date of this letter. Do not contact me by telephone or text; all correspondence must be in writing.

If I do not receive a substantive response or the documents within this time, I will consider making an application to the Court for:

• Relief under CPR 3.4 (strike-out or dismissal),

• Relief under CPR 3.1(2)(m) (such other orders as the court sees fit), and

• A summary costs order pursuant to CPR 44.2.
  
  

I trust this matter will now receive your urgent attention.

Yours faithfully,

[YOUR NAME]

[YOUR ADDRESS & POSTCODE]

[SOLICITORS NAME, ADDRESS & POSTCODE - IF SOLICITORS ARE STATED ON THE CLAIM FORM] 

[DATE IN FULL]

Re: Claim Number: [INSERT CLAIM NUMBER]

Subject: Second and Final Notice of Non-Compliance
Request for Instrument(s) of Assignment and Evidence of Notice
 

Dear Sir/Madam,

I write further to my previous correspondence dated [insert date], in which I formally requested disclosure of the documents you rely upon to demonstrate your client’s legal entitlement to bring this claim. To date, no meaningful response has been received. This continued failure to disclose casts serious doubt on whether your client holds lawful title to the alleged debt or has any valid basis to litigate.

Nevertheless, in the interests of procedural fairness and resolution, I am prepared to offer a final opportunity to respond.

1. Instrument of Assignment

Please provide a full and legible copy of the instrument by which legal title to the alleged debt was assigned. This may take the form of a deed or a contract (commonly referred to as a “debt sale agreement”) and must satisfy the criteria for an absolute legal assignment under section 136 of the Law of Property Act 1925.

The following legal authorities are relied upon:

• Van Lynn Developments Ltd v Pelias Construction Co Ltd [1969] 1 QB 607
  – A debtor is entitled to inspect the assignment to determine whether the assignee can give good discharge.

• Hancock v Promontoria (Chestnut) Ltd [2020] EWCA Civ 907
  – A redacted or incomplete deed may be insufficient to establish enforceable rights.

• Infederation Ltd v Google LLC [2021] EWHC 2355 (Ch)
  – Confidentiality is not a valid reason to withhold disclosure, provided safeguards are in place.

• Jones v Link Financial Ltd [2012] EWHC 2402 (QB)
  – A valid legal assignment must be absolute, in writing, signed by the assignor, and notified to the debtor.
  
  

2. Evidence of Service of the Notice of Assignment

Please provide evidence that the Notice of Assignment was served in accordance with section 136 of the Law of Property Act 1925. Acceptable forms of proof include:

• Recorded delivery receipts or tracking details;

• Postal confirmation or covering letters;

• A witness statement confirming service.

The mere existence of a Notice is insufficient. The burden of proof remains with the Claimant to demonstrate valid service.

3. Legal Framework and Standing to Sue

You will be aware that a valid legal assignment creates an exception to the doctrine of privity of contract (Dunlop Pneumatic Tyre Co Ltd v Selfridge Ltd [1915] AC 847). Absent such an assignment, your client lacks standing to enforce the alleged debt.

Further, in Mitchell McFarlane & Partners Ltd v Foremans Ltd [2002], the Court confirmed that an equitable assignee cannot sue in its own name without joining the assignor. Unless and until your client demonstrates compliance with section 136 LPA 1925, its right to pursue this action remains unproven.

4. Redactions and Confidentiality

To facilitate compliance, I confirm I am willing to accept redacted documents, provided that redactions do not obscure:

• My personal or account details;

• The names of the assignor and assignee;

• The execution date and signatures; and

• Key terms relating to the assignment and enforceability of the alleged debt.
  
  

5. Legal Basis for Request

This request is made pursuant to:

• CPR 31.14, as the documents appear to be referred to or relied upon in the Particulars of Claim;

• CPR 3.1(2)(m), which empowers the Court to make case management orders necessary to deal with proceedings justly and fairly, even pre-allocation.
  
  

Although CPR 27.2(1)(b) limits disclosure once allocated to the Small Claims Track, the current stage of proceedings permits such requests.

6. Final Opportunity and Procedural Consequences

This letter constitutes a final notice. If the requested documents are not provided within 14 days of the date of this letter, I will consider making a formal application to the Court for appropriate relief, including:

• An order for disclosure under CPR 3.1(2)(m);

• Strike-out of the claim under CPR 3.4(2)(a);

• Summary judgment under CPR 24.2;

• A summary costs order under CPR 44.2.
  
  

Please note that I will not accept telephone or text communications. All correspondence must be in writing.

I trust that you will now treat this matter with the seriousness it requires.

Yours faithfully,

[YOUR FULL NAME]

IN THE COUNTRY COURT AT [COUNTY COURT NAME]

CLAIM NO: [INSERT CLAIM NUMBER]

BETWEEEN

[CLAIMANT'S COMPANY NAME]

Claimant

-V-

[YOUR NAME]

Defendant

___________________________________________________________________________________________________________________________________

REQUEST FOR DISCLOSURE AND NOTICE OF INTENDED APPLICATION FOR RELIEF

___________________________________________________________________________________________________________________________________

(Made Pursuant to CPR 3.1(2)(m) – Small Claims Track)

1. INTRODUCTION AND BACKGROUND

1.1 I, [YOUR FULL NAME], of [YOUR ADDRESS AND POSTCODE], am the Defendant in these proceedings.

1.2 This request is made pursuant to the Court’s case management powers under CPR 3.1(2)(m). Although this matter is likely to be allocated to the Small Claims Track, the documents requested are essential to understand and respond to the claim. I therefore ask the Claimant to disclose them voluntarily, failing which I intend to make an application for relief, including directions for disclosure, strike-out, or other appropriate orders.

1.3 The Claim Form was issued on [INSERT DATE OF ISSUE] by the County Court Business Centre without supporting documentation.

1.4 I have now made at least three written requests for the documents listed below. The Claimant has [insert: “failed to respond in substance” / “refused to provide the Deed of Assignment”].

1.5 This correspondence constitutes formal notice of intended application if the failure to disclose continues.

2. DOCUMENTS REQUESTED

I respectfully request that the Claimant now discloses the following:

(i) Instrument of Assignment

• A complete, legible, and executed copy of the Deed of Assignment or Debt Sale Agreement relied upon in this claim.

• The document must identify the assignor, assignee, and the date of assignment.
  
  

• It must comply with the requirements of Section 136 of the Law of Property Act 1925 and be executed in accordance with Section 44 of the Companies Act 2006 and the Regulatory Reform (Execution of Deeds and Documents) Order 2005 (SI 2005/1906).
  
  

(ii) Evidence of Service of the Notice of Assignment

• A copy of the Notice of Assignment allegedly sent to me.
  
  

• Any accompanying proof of service, such as:

  • Recorded delivery receipts;

  • A covering letter;

  • Postal records;

  • A witness statement confirming service.
    
    

3. LEGAL BASIS FOR REQUEST

I rely on the following authorities:

• Van Lynn Developments Ltd v Pelias Construction Co Ltd [1969] 1 QB 607
  – A debtor is entitled to inspect the instrument of assignment.

• Hancock v Promontoria (Chestnut) Ltd [2020] EWCA Civ 907
  – Redacted documents must still reveal material and enforceable terms.

• Jones v Link Financial Ltd [2012] EWHC 2402 (QB)
  – Establishes the three statutory conditions for a valid legal assignment.

• Mitchell McFarlane & Partners Ltd v Foremans Ltd [2002]
  – An equitable assignee cannot sue in its own name without joining the assignor.

• Infederation Ltd v Google LLC [2021] EWHC 2355 (Ch)
  – Confidentiality is not an absolute bar to disclosure; courts can impose safeguards.

• Dunlop Pneumatic Tyre Co Ltd v Selfridge Ltd [1915] AC 847
  – Reaffirms that without a valid legal assignment, there is no exception to the doctrine of privity of contract.
  
  

4. CONCLUSION

4.1 I request that the above documents be provided within 14 days of receipt of this letter.

4.2 If the Claimant cannot or will not comply, I ask that they confirm this in writing.

4.3 If no satisfactory response is received, I will apply to the Court for relief, including:

• An order compelling disclosure of the documents under CPR 3.1(2)(m);

• An order to strike out the claim or stay proceedings under CPR 3.4(2)(a);

• Alternatively, summary judgment under CPR 24.2;

• A summary costs order pursuant to CPR 44.2.
  
  

STATEMENT OF TRUTH

I believe that the facts stated in this request are true.
I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.

Signed: [YOUR SIGNATURE]

Printed: [YOUR NAME IN CAPITALS]

Dated: [THE DATE] 

Address: [YOUR ADDRESS]

Email: [YOUR EMAIL ADDRESS]

[Your Name]
[Your Address]
[Postcode]
[Email Address]
[Date]

To:
The Court Manager
[Insert Court Name]
[Insert Court Address]

And to:
[Claimant’s Solicitors or Claimant’s Name]
[Their Address]

Re: Claim No: [INSERT CLAIM NUMBER] – CPR 39.8 NOTICE TO COURT AND CLAIMANT

Dear Sir/Madam,

I write in accordance with CPR 39.8 to bring to the Court’s attention an issue relevant to the efficient management and resolution of this case.

On [INSERT DATE], I sent a formal request to the Claimant for further information and disclosure of documents central to their claim, including a CPR 18 request. The Claimant was given 14 days to respond, a period I believe to be reasonable and proportionate in the circumstances.

To date, the Claimant has failed to respond, and has not provided the documents requested. This follows multiple previous requests made prior to the CPR 18 notice. A Certificate of Service (N215) has been filed with the Court.

Documents Requested:

1. Instrument of Assignment (Deed of Assignment):
   As required under section 136 of the Law of Property Act 1925, to demonstrate that the Claimant has legal title to bring the claim.
   
   

   • See Hancock v Promontoria (Chestnut) Ltd [2020] EWCA Civ 907: the Court of Appeal found that the redacted deed provided was insufficient to establish enforceable legal rights.
     
     

2. Evidence of Service of the Notice of Assignment:
   Such as a postal receipt or witness statement from the individual who claims to have served the notice. Service of the notice is a statutory requirement under section 136 LPA 1925.
   
   

Relevance to the Proceedings

The Instrument of Assignment is necessary to establish an exception to the Common Law Doctrine of Privity of Contract, as set out in Dunlop Pneumatic Tyre Co Ltd v Selfridge Ltd [1915] AC 847, in which the House of Lords reaffirmed that a third party cannot sue unless legally assigned rights.

Request for Judicial Consideration

In the interest of judicial economy and the just management of this matter, I respectfully request that the Court place this letter on the case file for the attention of the judge dealing with the claim. I ask the Court to consider whether a direction should be issued requiring the Claimant to comply with its obligations to provide these documents. Doing so may avoid unnecessary time being spent at any future hearing resolving preliminary issues that could be dealt with in advance.

Thank you for your attention.

Yours faithfully,
[Your Full Name]

Letter to Court when Debt Buyer fails to respond to CPR request:

(This letter is BEST sent on PAPER with ALL previous letters attached)

[YOUR ADDRESS & POSTCODE]

[EMAIL ADDRESS] 

[DATE]

To:
The Honourable Judge [Insert Judge’s Name if Known]
The County Court at the Civil National Business Centre

And to:
[Claimant’s Solicitor or Claimant’s Name]
[Their Address]

Re: Claim No. [INSERT CLAIM NUMBER]

Request for Case Management Direction – Disclosure of Key Documents

(Filed pursuant to CPR 39.8)

Dear Judge [Surname],

I write in accordance with CPR 39.8, having served a copy of this letter on the Claimant, to respectfully request that the Court consider making a case management direction under CPR 3.1(2)(m), requiring the Claimant to disclose essential documents that remain outstanding despite multiple requests.

1. Background

On [insert date], I submitted a formal written request to the Claimant seeking disclosure of documents central to their claim. This followed at least three prior attempts to obtain the same information. To date, the Claimant has not provided a substantive response or any of the requested documents.

A Certificate of Service (N215) has been filed with the Court in respect of my most recent request.

2. Documents Requested

(i) Deed of Assignment
The Claimant relies on an alleged assignment of a debt but has failed to provide the instrument of assignment. This document is required under section 136 of the Law of Property Act 1925 to demonstrate the legal transfer of rights and the Claimant’s standing to bring the claim.

In Hancock v Promontoria (Chestnut) Ltd [2020] EWCA Civ 907, the Court of Appeal held that a redacted or incomplete deed was insufficient to establish enforceable rights. In Van Lynn Developments Ltd v Pelias Construction Co Ltd [1969] 1 QB 607, Lord Denning MR stated that a debtor is entitled to see the assignment to verify the assignee’s authority.

(ii) Evidence of Service of the Notice of Assignment
The Claimant asserts that notice has been served, but has not provided proof, such as recorded delivery confirmation or a witness statement. Proper service is a statutory requirement under section 136 of the Law of Property Act 1925 for a legal assignment to take effect.

3. Request for Judicial Direction

I respectfully request that the Court exercise its powers under CPR 3.1(2)(m) to direct the Claimant to provide:

• A complete and legible copy of the Deed of Assignment; and

• Evidence of service of the Notice of Assignment.
  
  

These documents are critical to resolving the Claimant’s legal standing and would help clarify the issues in dispute, potentially saving the Court time and ensuring just disposal of the case.

Thank you for your attention to this matter.

Yours faithfully,
[Your Full Name]

[ENCLOSE ALL LETTERS  SENT AS EVIDENCE OF THE REQUESTS MADE]