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Bryan Carter Solicitors

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  • Bryan Carter Solicitors

    hi just reading though this from Please Help!!!! Lowell / Lloyds court claim - DISCONTINUED

    and i am have the same thing with lowell , i have had the same lettler ( see below) but with a new line in it .we confirm the deed of assignment contains commercially sensitive information and will therfore not be porovided, there is no deed of novation available to our client .any ideas what that means and any help please


    We write to your recent correspondence requesting disclosure under Part 31 of the civil Procedure Rules.

    We confirm the Claim Form was issued by Northampton County Court Bulk Centre and 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 of 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 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 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 not in receipt of your acknowledgement of service.

    As you will be aware a Claim was issued in this matter on 6 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 Judgment being entered against you.

    We recommend you seek independent legal advice.
    Tags: None

  • #2
    Re: Bryan Carter Solicitors

    Originally posted by ac53 View Post
    As you will be aware a Claim was issued in this matter on 6 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 Judgment being entered against you.

    We recommend you seek independent legal advice.
    What has happened since then? Did you submit a defence? You'd normally have a maximum of 33 days to submit one, unless you had agreed an extension with the other side and notified the court. :confused2:

    Comment


    • #3
      Re: Bryan Carter Solicitors

      thanks for the reply i received the clam on the 26th march , sent letter on the 27th march (CPR 31.14 Request and letter to lowell) ,carter replied on the 2nd with the standard letter, and i was now going to reply to carter with this letter ( see below ) .



      02/04/2015

      LOWELL PORTFOLIO I LTD/
      BRYAN CARTER SOLICTORS
      KT13 0YP


      Dear Sirs,

      Claim No:
      LOWELL VS

      Request for documents mentioned in a statement of case under CPR 31.14

      Thank you for your response Dated 1/04/2015 to my request for disclosure of documents mentioned in your statement of case under CPR 31.14 sent to you on the 27/03/2015

      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

      Comment


      • #4
        Re: Bryan Carter Solicitors

        oh my clam was not issued on the 6th of feb it was issued on the 24 march

        Comment


        • #5
          Re: Bryan Carter Solicitors

          hi sorry to be a pain but is this letter ok to send as i would like to send this 1st thing Tuesday .
          thank you

          Comment

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          Income/Expenditure
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          CCA Request
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