Advice needed

[luisg66]

hi,just looking for some help regarding being taken to court by Lowell Portfolio/Bryan Carter for a debt owed to littlewoods /shop direct for £3400,i received a letter 19 th feb,telling me that I was being taken to court regards this debt which I have no recollection of,i replied to MCOL defending this claim on 2nd march and sent a letter to Lowell requesting disclosure of CPR 31.14 and I then received a letter from Lowell dated 7th march stating that under Practice Direction 7C point 1.4 elimates the requirements to attach documents to the Particulars of claim when they are issued by this court,and that this matter will most properly be allocated to the Small Claims Track as this is a simple contractual matter and Part 31 of the CPR will not apply.In any event the notices of default and assignment left the control of the claimant when they were dispatched to you.
I have not ever received any paperwork regards this alleged debt and I don't understand what I can do,to make matters worse I have today recieved a notice of proposed allocation to the small claims track from Northampton County Court saying I must complete the Small Claims Directions Questionnaire by 15 th april.
Can someone please advise me as to what I can do ,thanks

[FlamingParrot]

Re: Advice needed

hi,just looking for some help regarding being taken to court by Lowell Portfolio/Bryan Carter for a debt owed to littlewoods /shop direct for £3400,i received a letter 19 th feb,telling me that I was being taken to court regards this debt which I have no recollection of,i replied to MCOL defending this claim on 2nd march and sent a letter to Lowell requesting disclosure of CPR 31.14 and I then received a letter from Lowell dated 7th march stating that under Practice Direction 7C point 1.4 elimates the requirements to attach documents to the Particulars of claim when they are issued by this court,and that this matter will most properly be allocated to the Small Claims Track as this is a simple contractual matter and Part 31 of the CPR will not apply.In any event the notices of default and assignment left the control of the claimant when they were dispatched to you.
I have not ever received any paperwork regards this alleged debt and I don't understand what I can do,to make matters worse I have today recieved a notice of proposed allocation to the small claims track from Northampton County Court saying I must complete the Small Claims Directions Questionnaire by 15 th april.
Can someone please advise me as to what I can do ,thanks

Apologies for the late reply.

I can't see anything above about submitting a defence, but you must have submitted one, since you have received the AQ. What did you say in your defence? In addition to the CPR request, did you ever send a CCA request? A lot of these catalogues didn't even ask you to sign an agreement in the first place, so there wouldn't have been one.

It is true that Part 31 does not apply to the small claims track, however, when you sent your request the claim wouldn't have been allocated yet. The Dynamic Duo above (Lowell/BC) systematically refuse to comply with requests for documents and churn out the template letter you got in response to each and every request under the CPR. :mad2:

A lot of posters on here have submitted unless orders to force disclosure of documents, but that's done before you file your defence. As you have received the AQ, you need to fill it in and return it.

[luisg66]

Re: Advice needed

Apologies for the late reply.

I can't see anything above about submitting a defence, but you must have submitted one, since you have received the AQ. What did you say in your defence? In addition to the CPR request, did you ever send a CCA request? A lot of these catalogues didn't even ask you to sign an agreement in the first place, so there wouldn't have been one.

It is true that Part 31 does not apply to the small claims track, however, when you sent your request the claim wouldn't have been allocated yet. The Dynamic Duo above (Lowell/BC) systematically refuse to comply with requests for documents and churn out the template letter you got in response to each and every request under the CPR. :mad2:

A lot of posters on here have submitted unless orders to force disclosure of documents, but that's done before you file your defence. As you have received the AQ, you need to fill it in and return it.

Hi FlamingParrot,firstly thanks for you reply,ive got the AQ ready to send but I need some help with a couple of things, on it it states would I like this to proceed to the small claims ive ticked no is this correct,and ive wrote on the notes section that the claimant has not complied with my request for my CCA and CPR 31.14 and as a result im unable to defend my case properly,also on the last page it has a box to sign is this for me to sign or the claimant.
Last of all it says I must sign and send all parties a copy of the AQ who are all parties as I thought this was between me and the claimant eg Lowell vs me,i know to send the court a copy I just need to know who else needs a copy sending,sorry for the questions but im naïve when dealing with this sort of thing,thanks

[FlamingParrot]

Re: Advice needed

Hi FlamingParrot,firstly thanks for you reply,ive got the AQ ready to send but I need some help with a couple of things, on it it states would I like this to proceed to the small claims ive ticked no is this correct,

No, it's not correct, since claims below £10k are normally allocated to the small claims track and yours is for £3,400.

and ive wrote on the notes section that the claimant has not complied with my request for my CCA and CPR 31.14 and as a result im unable to defend my case properly,

That's not a reason not to allocate it to small claims.

also on the last page it has a box to sign is this for me to sign or the claimant.

Below the box you will see you also sign it as defendant.

Last of all it says I must sign and send all parties a copy of the AQ who are all parties as I thought this was between me and the claimant eg Lowell vs me,i know to send the court a copy I just need to know who else needs a copy sending,sorry for the questions but im naïve when dealing with this sort of thing,thanks

The parties are you and the claimant, usually represented by solicitors, in this case BC.

[luisg66]

Re: Advice needed

Thanks again FlamingParrot so I tick that I accept I agree to it going to small claims,and signed it,then what happens with regards me not having any information sent to me that I requested from them,will the case simply proceed and a judgement be made

[FlamingParrot]

Re: Advice needed

Thanks again FlamingParrot so I tick that I accept I agree to it going to small claims,and signed it,then what happens with regards me not having any information sent to me that I requested from them,will the case simply proceed and a judgement be made

You may want to look at the CPR with regards to small claims: http://www.justice.gov.uk/courts/pro...l/rules/part27

In particular:

(2) The court will –

(a) give the parties at least 21 days’ notice of the date fixed for the final hearing, unless the parties agree to accept less notice; and

(b) inform them of the amount of time allowed for the final hearing.
(3) In this rule –
(a) ‘standard directions’ means –

(i) a direction that each party shall, at least 14 days before the date fixed for the final hearing, file and serve on every other party copies of all documents (including any expert’s report) on which he intends to rely at the hearing; and

In other words, they will still be ordered to send you the documents. :juge: