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Thread: New member - Need help with Brian Carter/Lowell Court Claim please!
Hi would be grateful for any advice please, original thread above. I have sent CCA letter to Lowell and received nothing back. CPR 31.14 sent to Brian Carter and received two letters back.
Letter No. 1) Stating "Claim form was issued by the county court and that the courts protocol was followed when issuing claimants particulars of claim. Practice direction 7C point 1.4 (3A) eliminates the requirement to attach the documents to the particulars to the claim when they are issued by this court. We confirm that this matter will properly be allocated to the small claims track as this is a simple contractual matter and part 31 of the Civil Procedure rules will therefor not apply.
In the event the notice default and assignment left the control of the claimant when they were despatched 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 our client is not agreeable to extension for filing your defence. As you were aware a claim was issued in this manner on 13th October 2015 and we are in your receipt of your acknowledgement of service and we note your intention to file a defence. We recommend you seek independent legal advice.
Letter No.2) We write to your letter dated 22 October 2015. We confirm that we are taking further instructions from our client in regards to your request for documentation pursuant to the Consumer Credit Act 1974. We have referred your request for documentation to our client and we will revert to you in due course. This matter will properly be allocated to the Small Claims Track as this is a simple contractual matter and Part 31 of the Civil Procedure Rules therefore not apply. we confirm our client is not agreeable too an extension for filing your defence. We recommend you seek independent legal advice".
Given 33 days to file defence from 13th October takes me to 15th November but that is a Sunday, do I need have this completed by Friday 13th?!!! Any advice appreciated very worried and anxious.
Many thanks in advance
Hi would be grateful for any advice please, original thread above. I have sent CCA letter to Lowell and received nothing back. CPR 31.14 sent to Brian Carter and received two letters back.
Letter No. 1) Stating "Claim form was issued by the county court and that the courts protocol was followed when issuing claimants particulars of claim. Practice direction 7C point 1.4 (3A) eliminates the requirement to attach the documents to the particulars to the claim when they are issued by this court. We confirm that this matter will properly be allocated to the small claims track as this is a simple contractual matter and part 31 of the Civil Procedure rules will therefor not apply.
In the event the notice default and assignment left the control of the claimant when they were despatched 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 our client is not agreeable to extension for filing your defence. As you were aware a claim was issued in this manner on 13th October 2015 and we are in your receipt of your acknowledgement of service and we note your intention to file a defence. We recommend you seek independent legal advice.
Letter No.2) We write to your letter dated 22 October 2015. We confirm that we are taking further instructions from our client in regards to your request for documentation pursuant to the Consumer Credit Act 1974. We have referred your request for documentation to our client and we will revert to you in due course. This matter will properly be allocated to the Small Claims Track as this is a simple contractual matter and Part 31 of the Civil Procedure Rules therefore not apply. we confirm our client is not agreeable too an extension for filing your defence. We recommend you seek independent legal advice".
Given 33 days to file defence from 13th October takes me to 15th November but that is a Sunday, do I need have this completed by Friday 13th?!!! Any advice appreciated very worried and anxious.
Many thanks in advance
