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Hi
I’m hoping that someone might able to offer me a little advice. Last September Lowell issued a claim against me regarding an alleged debt, swiftly followed by the claim form from Northampton Business Centre. To cut a long story short, I issued a CPR18 letter – which they failed to comply with, followed by an ‘Unless order’, which was upheld by the judge, and which said:
‘It is ordered that ..The Claimant shall by 4pm on 01.02.2017 provide the Defendant with copies of the following documents mentioned in the Claim form pursuant to CPR Rule 18: The credit agreement, the Deed of Assignment, The Notice of Assignment, The default warning letter and the default notice. If the claimant fails to comply the claim shall stand struck out.’
All these were eventually sent to me at the end of January other than the Deed of Assignment, regarding which their solicitors commented: ‘The Claimant submits that the Deed of Assignment is a privileged document, and that the Notice of Assignment provides for sufficient notice as per the below’ There follows 2 pages of legal stuff.
To my mind the Claimant has failed to abide by the court order, but has anyone here any views on what the outcome is likely to be and what my next move should be? Also, what on earth is a 'privileged document'? Thanks.
I’m hoping that someone might able to offer me a little advice. Last September Lowell issued a claim against me regarding an alleged debt, swiftly followed by the claim form from Northampton Business Centre. To cut a long story short, I issued a CPR18 letter – which they failed to comply with, followed by an ‘Unless order’, which was upheld by the judge, and which said:
‘It is ordered that ..The Claimant shall by 4pm on 01.02.2017 provide the Defendant with copies of the following documents mentioned in the Claim form pursuant to CPR Rule 18: The credit agreement, the Deed of Assignment, The Notice of Assignment, The default warning letter and the default notice. If the claimant fails to comply the claim shall stand struck out.’
All these were eventually sent to me at the end of January other than the Deed of Assignment, regarding which their solicitors commented: ‘The Claimant submits that the Deed of Assignment is a privileged document, and that the Notice of Assignment provides for sufficient notice as per the below’ There follows 2 pages of legal stuff.
To my mind the Claimant has failed to abide by the court order, but has anyone here any views on what the outcome is likely to be and what my next move should be? Also, what on earth is a 'privileged document'? Thanks.
