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Hello,
I'm new to posting here and need advice on what to do next please.
I received a claim form from Northampton County Court dated 22nd January 2015. I acknowledged service and ticked that I intend to defend in full on Monday 26th January.
Bryan Carter issued the proceedings. The claimant is Lowell Portfolio and states it is for an agreement between the original creditor and the defendant to provide finance and / or services and / or goods . The debt was assigned to / purchased by Lowell Portfolio Limited on 19/4/11 and notice served. Usual interest added at the bottom at 8%.
I posted a CCA request to Lowell Special Delivery on Tuesday 26th January. Same day by email and special delivery I sent a CPR31 request to Bryan Carter requesting the agreement and assignment notice (as this is all that is listed in the particulars of claim). Usual response from Bryan Carter rejecting the CPR request as it will be allocated to small claims. Further letter sent to Bryan Carter 29th January stating that I disagree and that he should comply with the CPR request.
Received a further letter for Bryan Carter today asking me to refer to their letter of 27th January and basically repeating that this matter will most properly be allocated to the small claims track as this is a simple contractual matter therefore CP31 does not apply.
What should I do now? Do I sent a third letter requesting that they respond to the CP31 or I will be forced to enter an embarrassed defence? Do I give them a further 7 days to respond?
What happens if Lowell Produce some sort of agreement? Can I still defend on the basis that Bryan Carter have refused to send me the documents?
Any advice would be greatly appreciated
I'm new to posting here and need advice on what to do next please.
I received a claim form from Northampton County Court dated 22nd January 2015. I acknowledged service and ticked that I intend to defend in full on Monday 26th January.
Bryan Carter issued the proceedings. The claimant is Lowell Portfolio and states it is for an agreement between the original creditor and the defendant to provide finance and / or services and / or goods . The debt was assigned to / purchased by Lowell Portfolio Limited on 19/4/11 and notice served. Usual interest added at the bottom at 8%.
I posted a CCA request to Lowell Special Delivery on Tuesday 26th January. Same day by email and special delivery I sent a CPR31 request to Bryan Carter requesting the agreement and assignment notice (as this is all that is listed in the particulars of claim). Usual response from Bryan Carter rejecting the CPR request as it will be allocated to small claims. Further letter sent to Bryan Carter 29th January stating that I disagree and that he should comply with the CPR request.
Received a further letter for Bryan Carter today asking me to refer to their letter of 27th January and basically repeating that this matter will most properly be allocated to the small claims track as this is a simple contractual matter therefore CP31 does not apply.
What should I do now? Do I sent a third letter requesting that they respond to the CP31 or I will be forced to enter an embarrassed defence? Do I give them a further 7 days to respond?
What happens if Lowell Produce some sort of agreement? Can I still defend on the basis that Bryan Carter have refused to send me the documents?
Any advice would be greatly appreciated
