Lowell Portfolio / Bryan Carter Solicitors - Not Complying with CPR 31

[fazzy]

Hello,

After receiving a county court claim for a sum of £5,500 including court fees. I sent a request under CPR 31.14 to Bryan Carter Solicitors and they replied as below:

“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 your own records.

In this regard our client is not agreeable to an extension for you to file a Defence.”

Can anyone help.

Regards,

[nemesis45]

Re: Lowell Portfolio / Bryan Carter Solicitors - Not Complying with CPR 31

Hi Responding to your PM,

Who is the original creditor?
Have you sent a CCA Request for the agreement to Lowell?

Dear Mr. Carter
Re: Claim Number xxxxxxxxxxxx.

I am in receipt of your letter dated>>>>>>>>>>>> and have noted your response.

As you are well aware this claim Has Not Been Allocated To Any Track therefore CPR31.14 is still relevant to this matter, please supply the requested documents by return, failure to do so will be brought to the attention of the court.

Your statement regarding what may have been provided by the original creditor is of no relevance to CPR31.14 or a request made under the provisions of Sections 77/78/79 of CCA 1974 (as amended).


You are reminded that until the relevant agreement has been supplied the alleged debt is unenforceable.
The intransigence of Bryan Carter LLP and it's client will be brought to the attention of the court.
Use signed for post.
Please give us some detailed history of the debt.
What is your defence the claim?
nem

[fazzy]

Re: Lowell Portfolio / Bryan Carter Solicitors - Not Complying with CPR 31

Thanks for your advice.

The original creditor was Littlewoods. Yes I did send a CCA request to Lowell and they have not responded since.

[nemesis45]

Re: Lowell Portfolio / Bryan Carter Solicitors - Not Complying with CPR 31

Thanks for your advice.

The original creditor was Littlewoods. Yes I did send a CCA request to Lowell and they have not responded since.

When did you send the CCA request?
Check with the court the claim maybe stayed.

nem

[james robertson]

Re: Lowell Portfolio / Bryan Carter Solicitors - Not Complying with CPR 31

Dear Fazzy,

I got EXACTLY (word for word) the same letter from BC, including the same refusal to an extension I offered them!!!!!!

what happened since.... i'm curious.

[nemesis45]

Re: Lowell Portfolio / Bryan Carter Solicitors - Not Complying with CPR 31

It is standard letter used by Carter and other " solicitors" to twist their way out of providing document.

nem

[fazzy]

Re: Lowell Portfolio / Bryan Carter Solicitors - Not Complying with CPR 31

Thanks Nemesis45 and James,

Its last day to file my defence. Shall I file my defence on the basis that the claimant has refused my CCA & CPR request. Please advise if I should add something else to my defence i.e. ask the court to order the claimant to provide the necessary information in order for me to prepare my defence.

[nemesis45]

Re: Lowell Portfolio / Bryan Carter Solicitors - Not Complying with CPR 31

Yes if they are the only points you have to defend go ahead, take a look at
some of the other Lowell Carter threads these you will an idea of format and
content.

nem

[fazzy]

Re: Lowell Portfolio / Bryan Carter Solicitors - Not Complying with CPR 31

Hi, I have received "Notice of Proposed Allocation to the Small Claims Track" as below. Please help what shall I do?

Important Notice

If you do not comply with this notice the court will make such order as appears to be appropriate. This could include striking out the claim or entering judgement.

TAKE NOTICE THAT

1. This is now a defended claim.

2. It appears that this case is suitable for allocation to the small claims track.

If you believe that this track is not the appropriate track for the claim, you must complete box C1 on the Small Claims Directions Questionnaire (Form N180) and explain why.

3. You must by ______ 2015 complete the Small Claims Directions Questionnaire (Form N180) and file it with the court office and serve copies on all other parties.

[nemesis45]

Re: Lowell Portfolio / Bryan Carter Solicitors - Not Complying with CPR 31

That's standard procedure a judge has allocated the claim to the SCT.
Complete N180 DQ and return.

[FlamingParrot]

Re: Lowell Portfolio / Bryan Carter Solicitors - Not Complying with CPR 31

Hi, I have received "Notice of Proposed Allocation to the Small Claims Track" as below. Please help what shall I do?

Important Notice

If you do not comply with this notice the court will make such order as appears to be appropriate. This could include striking out the claim or entering judgement.

TAKE NOTICE THAT

1. This is now a defended claim.

2. It appears that this case is suitable for allocation to the small claims track.

If you believe that this track is not the appropriate track for the claim, you must complete box C1 on the Small Claims Directions Questionnaire (Form N180) and explain why.

3. You must by ______ 2015 complete the Small Claims Directions Questionnaire (Form N180) and file it with the court office and serve copies on all other parties.

The claimant has decided to proceed with the claim and it's being allocated to the small claims track due to its value (under £10k). The N180 is just a standard document you need to fill in and return as indicated. There's normally no reason to object to allocation to the small claims track. You should provide details of your local court in the box provided as hearing venue (D1) as well as any dates when you wouldn't be available to attend a hearing under D4.

Normally you'd tick the box requesting mediation, which would take place over the phone. If you have not received any documents from them, then you can argue that you are not in a position to assess your situation without them.