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/Hi,
I've been advised to start a thread on here in relation to a county court claim against me and would be so grateful if anyone is able to help.
Basic details:
DC- lOWELL
DC SOLICITOR- BRYAN CARTER
ORIGINAL CREDITOR- REDCATS FINANCE
MONEY OWED- £500 including fees and interest.
(I had an account that I can trace back to an order in November 2006, it seems i made orders throughout 2007, and i'm unsure if when I ordered in 2008 and updated address if it became a new agreement or not. I ordered in September 2009- 17th I can see by email confirmation but due to me leaving and giving up my tenancy due to domestic violence I never got to make payments as I genuinely forgot, So the last payment I had made on the account was 4/9/09 prior to the order. I never got round to signing a new credit agreement but they did ask me to a few times.)
COUNTY COURT CLAIM DATED - /16/9/15
ACKNOWLEDGED - 28/9/15
CCA REQUEST TO LOWELL- 28/9/15 - included £1 postal order was signed for by them 30/09/15 no response yet.
CPR 31.14 SENT 28/9/15
REPLY DATED 1/10/15 Stating: We write further to your letter dated 28/9/15, requesting disclosure pursuant to Part 31.14 of the Civil procedure Rules.
We confim that the claim form was issued by the County Court Business Centre and that Court's protocol was followed when issuing the Claimant's particulars of Claim. Practice Direction 7C point (3A) eliminated the requirement to attach the documents to the Particulars of Claim when they are issued by this court.
We confirm 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 Civil procedures 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 creditors 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 out client is agreeable to an extension for filing your Defence.
As you will be aware a clam was in this matter on or around 16/9/15 and we are in receipt of your Acknowledgement of Service.
We recommend you seek independent legal advice.
I'm not sure where i go next with this, I phoned the court last week and they said I have until 18/10/15 to file my defence.
Thanks in advance for your help x
I've been advised to start a thread on here in relation to a county court claim against me and would be so grateful if anyone is able to help.
Basic details:
DC- lOWELL
DC SOLICITOR- BRYAN CARTER
ORIGINAL CREDITOR- REDCATS FINANCE
MONEY OWED- £500 including fees and interest.
(I had an account that I can trace back to an order in November 2006, it seems i made orders throughout 2007, and i'm unsure if when I ordered in 2008 and updated address if it became a new agreement or not. I ordered in September 2009- 17th I can see by email confirmation but due to me leaving and giving up my tenancy due to domestic violence I never got to make payments as I genuinely forgot, So the last payment I had made on the account was 4/9/09 prior to the order. I never got round to signing a new credit agreement but they did ask me to a few times.)
COUNTY COURT CLAIM DATED - /16/9/15
ACKNOWLEDGED - 28/9/15
CCA REQUEST TO LOWELL- 28/9/15 - included £1 postal order was signed for by them 30/09/15 no response yet.
CPR 31.14 SENT 28/9/15
REPLY DATED 1/10/15 Stating: We write further to your letter dated 28/9/15, requesting disclosure pursuant to Part 31.14 of the Civil procedure Rules.
We confim that the claim form was issued by the County Court Business Centre and that Court's protocol was followed when issuing the Claimant's particulars of Claim. Practice Direction 7C point (3A) eliminated the requirement to attach the documents to the Particulars of Claim when they are issued by this court.
We confirm 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 Civil procedures 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 creditors 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 out client is agreeable to an extension for filing your Defence.
As you will be aware a clam was in this matter on or around 16/9/15 and we are in receipt of your Acknowledgement of Service.
We recommend you seek independent legal advice.
I'm not sure where i go next with this, I phoned the court last week and they said I have until 18/10/15 to file my defence.
Thanks in advance for your help x
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