DISCONTINUED ! Lowell / Bryan Carter / Capital One / County Cour

[Amethyst]

Re: Lowell / Bryan Carter / Capital One / County Court

Hi there,
Flaming Parrot previously mentioned: "You have 14 days to acknowledge from the date of service, which is calculated adding 5 days to the date on the claim. Acknowledge and tick the box stating intention to defend in full, this gives you a further 14 days to submit a defence. I make it 19th of March at the latest."
Does that mean I need to send a reminder 7 days before March 19th?
Many thanks for your help :-)

I'd give it a couple extra days so March 10th if you haven't heard xx

[4 Chris Sakes]

Re: Lowell / Bryan Carter / Capital One / County Court

Hi,
I filed Acknowledgement of Service online on Monday Feb 24, and the CCA and CPR31.14 letters were sent recorded delivery on Tuesday Feb 25.
I've now received a letter from Bryan Carter dated Thursday Feb 27 (yesterday):
"Dear xxxxxx,
We write further to your recent correspondence requesting disclosure under Part 31 of the Civil Procedure Rules.
We confirm the Claim Form was issued by the Northampton County Court Bulk Centre and that the Court's protocol was followed when issuing the Claimant's Particulars of Claim. Practice Direction 7C point 1.4 (3A) eliminates the requirement to attach the documents to the Particulars of Claim when they are issued by this Court.
We confirm this matter will most properly be allocated to the Small Claims Track as this is a simple contractual matter and Part 31 of the Civil Procedure Rules will therefore not apply.
In any event the Notices of Default and Assignment left the control of the Claimant when they were dispatched to you.
It is the original creditor's policy to issue agreements at the start of the contract and statements throughout the duration of the agreement and, in this regard, we ask you to refer to your own records.
We confirm we are not agreeable to an extension for filing your defence.
We confirm we are in receipt of your acknowledgement of service.
As you will be aware a Claim was issued in this matter on 13 February 2014. Please respond to the Claim using the Response Pack provided by the Court. You should comply with the deadlines outlined by the Court in order to avoid a default Judgement being entered against you.
Yours sincerely,
Bryan Carter"

Any advice about what to do next would be greatly appreciated :-)

[4 Chris Sakes]

Re: Lowell / Bryan Carter / Capital One / County Court

Hi, am not sure how the threads work and if you can see my recent reply? I received a letter from Bryan Carter as mentioned.
Any help would be greatly appreciated :-)

[MIKE770]

Re: Lowell / Bryan Carter / Capital One / County Court

bump

[Amethyst]

Re: Lowell / Bryan Carter / Capital One / County Court

Hi,
I filed Acknowledgement of Service online on Monday Feb 24, and the CCA and CPR31.14 letters were sent recorded delivery on Tuesday Feb 25.
I've now received a letter from Bryan Carter dated Thursday Feb 27 (yesterday):
"Dear xxxxxx,
We write further to your recent correspondence requesting disclosure under Part 31 of the Civil Procedure Rules.
We confirm the Claim Form was issued by the Northampton County Court Bulk Centre and that the Court's protocol was followed when issuing the Claimant's Particulars of Claim. Practice Direction 7C point 1.4 (3A) eliminates the requirement to attach the documents to the Particulars of Claim when they are issued by this Court.
We confirm this matter will most properly be allocated to the Small Claims Track as this is a simple contractual matter and Part 31 of the Civil Procedure Rules will therefore not apply.
In any event the Notices of Default and Assignment left the control of the Claimant when they were dispatched to you.
It is the original creditor's policy to issue agreements at the start of the contract and statements throughout the duration of the agreement and, in this regard, we ask you to refer to your own records.
We confirm we are not agreeable to an extension for filing your defence.
We confirm we are in receipt of your acknowledgement of service.
As you will be aware a Claim was issued in this matter on 13 February 2014. Please respond to the Claim using the Response Pack provided by the Court. You should comply with the deadlines outlined by the Court in order to avoid a default Judgement being entered against you.
Yours sincerely,
Bryan Carter"

Any advice about what to do next would be greatly appreciated :-)

Hi, if you have a look http://www.legalbeagles.info/forums/...ic-information theres a letter you can use to chase them up on it as well as the next stages. You'll need to amend to suit your own situation but just post a draft up here if you get stuck xx there is a bit you can add in about the bulk processing centre too, hope that helps a little, Sharon.

[4 Chris Sakes]

Re: Lowell / Bryan Carter / Capital One / County Court

Hi, thanks so much for your helpful reply :-)
I now have this below as my draft letter. Should I also send this by recorded delivery to Bryan Carter on Monday?
Many thanks for your kind help. Truly appreciated :-)

BRYAN CARTER SOLICITORS LLP xxxxxx

x March 2014

Dear Sirs,

Ref: xxxxxx
Re: xxxxx v xxxxx Case No: xxxxxxx
Request for documents mentioned in a statement of case under CPR 31.14
Thank you for your response to my request for disclosure of documents mentioned in your statement of case under CPR 31.14.
With regards to your assertion that “we confirm this matter will most properly be allocated to the small claim track as this is a simple contractual matter and part 31 of the civil procedure rules will therefore not apply.” I am afraid I must disagree, the case has not been allocated to a track for determination and as a consequence the provisions of CPR 27(2) have no effect and you should not seek to avoid compliance with your CPR 31 duties by claiming otherwise.
I am unable to lodge my defence and/or counterclaim at this moment as I have no information regarding the alleged debt. If you require more time in which to comply with this request you must tell me in writing and state a date by when you will comply with this request. In addition I require a statement that you agree to an extension of the time for me to file my defence. Your extension of time must be not less than 14 days from the date when you say you will have complied with my request and you must state the new date for filing my defence.

If you are unwilling to comply with my request for specific disclosure please inform me and I will consider entering an application to the court to obtain such.
In accordance with CPR 31.15(c) I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.
I look forward to hearing from you within the next 7 days.
Yours sincerely,
xxxxxxx

[4 Chris Sakes]

Re: Lowell / Bryan Carter / Capital One / County Court

Hi, I don't know if yourself or anyone has had a chance to see my message over the weekend with the draft letter?
Any help would be truly appreciated :-)

[4 Chris Sakes]

Re: Lowell / Bryan Carter / Capital One / County Court

Hi, Hope all is well.
Am getting quite concerned about whether I have the enclosed draft letter right? Would like to send tomorrow and consider other options?
Many thanks for your help :-)

[Amethyst]

Re: Lowell / Bryan Carter / Capital One / County Court

Sorry Chris, just seen this, and yes the letter looks fine to me xx

[4 Chris Sakes]

Re: Lowell / Bryan Carter / Capital One / County Court

Hi, many thanks for your kind reply re: the follow-up CPR 31.14 letter.
This was sent recorded delivery to Bryan Carter last Friday March 7.
I am now awaiting reply from them either today or in the next few days. However, I'm a bit concerned about what the next step should be? And if I should be looking to file defence? I think the deadline may be March 19 as Flaming Parrot suggested on February 20.
Many thanks for your help.
Chris :-)

[4 Chris Sakes]

Re: Lowell / Bryan Carter / Capital One / County Court

URGENT HELP NEEDED PLEASE! I've now received a further letter from Bryan Carter:

"Dear xxxxxx,
We write further to your recent correspondence requesting disclosure under Part 31 of the Civil Procedure Rules.

We wrote to you on xx xxxx 2014 and reiterate its contents, a copy of which is enclosed for your reference.

We confirm the Claim Form was issued by the Northampton County Court Bulk Centre and that the Court's protocol was followed when issuing the Claimant's Particulars of Claim. Practice Direction 7C point 1.4 (3A) eliminates the requirement to attach the documents to the Particulars of Claim when they are issued by this Court.

We confirm we are not agreeable to an extension for filing your defence.

As you will be aware a Claim was issued in this matter on 13 February 2014. Please respond to the Claim using the Response Pack provided by the Court. You should comply with the deadlines outlined by the Court in order to avoid a default Judgement being entered against you.

We recommend you seek independent legal advice.

Yours sincerely,
Bryan Carter"

Any advice about what to do next would be greatly appreciated!! :-)

[4 Chris Sakes]

Re: Lowell / Bryan Carter / Capital One / County Court

Just posted a new message - help urgently needed!

Am currently filling out form N244 :-)

[Amethyst]

Re: Lowell / Bryan Carter / Capital One / County Court

Hi Chris

Okay not a problem you now need to submit your application for an order to force them to comply. All the info is in this thread http://www.legalbeagles.info/forums/...ic-information so just shout if you have any problems and if you want to checkit over before sending just bung me a private message in case I miss it.

Kind regards

Sharon

[4 Chris Sakes]

Re: Lowell / Bryan Carter / Capital One / County Court

Hi, many thanks for your kind help! I am trying to fill out the N244 form though am not certain of what to say re: some points?

RE: POINT 3: "An order (a draft of which is attached)that the Claimant shall provide the Defendant with copies of the documents listed in the draft order, pursuant to its duties under CPR 31.14 within 7 days of the date of the order.
In default of the above the Claim stands struck out without further order.
In the event the Claimant complies with the above paragraph then the Defendant shall file and serve his Defence by 4pm on ................................... 2014 (not less than 21 days from the date of compliance)"
WHAT DATE SHOULD I PUT DOWN FOR THIS PLEASE?

POINT 6. How long do you think the hearing will last? I'VE PUT "N/A"? Is this agreed by all parties? TICK "YES"?

POINT 7. Give details of any fixed trial date or period? ANYTHING I NEED TO PUT HERE?

SUGGESTIONS FOR POINTS 8, 9, 10, PLEASE :-)

8. What level of Judge does your hearing need?

9.Who should be served with this application?

10. What information will you be relying on, in support of your application?

SHOULD BOTH THE STATEMENT OF TRUTH AND THE SIGNATURE AND ADDRESS DETAILS BE SIGNED? SHOULD THIS BE DONE IN COMPUTER FONT OR BY HAND?

Many thanks for your kind help.

Chris :-)

[4 Chris Sakes]

Re: Lowell / Bryan Carter / Capital One / County Court

Hi, is the suggestion for Draft Order For Directions to only complete the green highlighted sections?
Sorry if that's a silly question - am just learning so many things for first time :-)