Tesco CC, Bryan Carter, CCJ claim

[RDRR]

Hi,

Background info...

Last month I received a claim from Northampton County Court regarding my Tesco credit card, with Bryan Carter as the solicitors. The date of issue was August 10th and particulars of claim are

The claimant's claim is for the balance due under an agreement which is now all due and payable. The defendant agreed to pay monthly installments under account number xxxxx but has failed to do so. The claimant claims the sum of £1422.47. The claimant also claims interest thereon pursuant to S.69 county court act 1984 limited to one year to the date hereof at the rate of 8% per annum amounting to 0.00

I was a little late responding to this as I had been away working, but I filed AOS with moneyclaim on August 27th stating I wished to defend the claim. I then sent a CPR31.14 request to Bryan Carter using a template from Consumer Action Group, requesting a copy of the signed agreement.

Today I received a reply as below (grammatical errors/typos are theirs)

Thank you for your recent letter then contents has been noted.

We do not consider that your request, in it's entirely, to be reasonable as we believe this matter should most properly be allocated to the small claims track. It was our Client's policy to issue agreements on or around the date of the contract and statements throughout the duration of the agreement. If you require further copies of the same please write to our client direct.

In the meantime we have referred your request to our Client and will revert to you in due course.

Yours faithfully etc...

I can post the entirety of the request I sent if necessary, but note that it included the following

Although your claim is for a sum which is not more than £5,000.00 and will in all likelihood be allocated to the small claims track for determination upon my delivering a defence, at this moment in time I have not delivered my defence and the case has not been allocated to a track. In consequence the provisions of CPR 27(2) are of no effect and your client should not seek to avoid compliance with their CPR 31 duties by claiming otherwise

So my question is what to do now? Should I submit a defence to at least request more time, as they appear to be refusing to comply with their requirements? I'm aware that the clock is ticking quite loudly on this.

Any advice gratefully received. Thanks...

[Curlyben]

Re: Tesco CC, Bryan Carter, CCJ claim

until allocation the claim is TRACKLESS and as such Mr C is side stepping his responsibilities.

There's a number of holding defences knocking around that would suit this situation as it brings Mr C actions clearly to the courts attention.

[RDRR]

Re: Tesco CC, Bryan Carter, CCJ claim

until allocation the claim is TRACKLESS and as such Mr C is side stepping his responsibilities.

There's a number of holding defences knocking around that would suit this situation as it brings Mr C actions clearly to the courts attention.

Thanks for the reply. Having done a bit more reading I'm thinking I need to submit something along the lines of the 'embarrassed' defence, but am unsure as to exactly what form it should take. Most examples I can find are for no response to a CPR request being received, but in my case he has actually replied, if only to say he's not going to comply.

Should my defence quote his response? Also, are the POCs sufficiently vague that I can claim to be 'embarrassed' or 'confused'.

Finally, should I respond to his letter or just file a defence and let the court deal with it?