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See below the response I have received from them concerning a Section 31.14 request letter. Are they legitimately stating what they are able to do, seems they are planning not to respond to this request and evading it by altering the way in which the claim will be dealt with?
I sent off the 31.14 information request to Bryan Carter Solicitors on Saturday and received the following response indicating that they are not supplying any information requested:
We write in response to your letter requesting disclosure under Part 31 of the Civil Procedure Rules.
We confirm the Claim Form was issued by the County Court at Northampton Business 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 our client is not agreeable to an extension for filing your defence.
As you will be aware a Claim was issued in this matter on 11 June 2014 and we are not in receipt of your acknowledgement of service. 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 Judgment being entered against you.
We recommend you seek independent legal advice.
Does this help my case as I know of nothing that means they do not have to respond to my request as their claim is through the County Court for in excess of £5k. Any ideas of how I should respond to this gratefully received.
I have also requested my original agreement copy from Lowell enclosing a £1 po - no response to date.
I acknowledged service online directly to the court as solicitors Bryan Carter must surely have notification of this do I need to check this with the court it was done on the moneyclaim site?
aw:Thanks in advance.
I sent off the 31.14 information request to Bryan Carter Solicitors on Saturday and received the following response indicating that they are not supplying any information requested:
We write in response to your letter requesting disclosure under Part 31 of the Civil Procedure Rules.
We confirm the Claim Form was issued by the County Court at Northampton Business 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 our client is not agreeable to an extension for filing your defence.
As you will be aware a Claim was issued in this matter on 11 June 2014 and we are not in receipt of your acknowledgement of service. 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 Judgment being entered against you.
We recommend you seek independent legal advice.
Does this help my case as I know of nothing that means they do not have to respond to my request as their claim is through the County Court for in excess of £5k. Any ideas of how I should respond to this gratefully received.
I have also requested my original agreement copy from Lowell enclosing a £1 po - no response to date.
I acknowledged service online directly to the court as solicitors Bryan Carter must surely have notification of this do I need to check this with the court it was done on the moneyclaim site?
aw:Thanks in advance.
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