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Hi
I received a court claim on behalf Lowell from Bryan Carter Solicitors dated 29th August 2014 for around £4k for Co-Op bank that i didn't keep up payments on and then it was assigned to Lowell in Dec 2006 (already this says to me that it is over the statute barred date limit even if the debt is legit)
The court claim was also filed at my old address and only by luck (i guess you call it that) did i manage to get it forwarded onto me as i would have known nothing about it otherwise
I had read some of the threads on here about what to do next so filed the acknowledgment of service on the 2.9.14 & it was received on the 3.9.14
I fired off the CPR 31.14 & CCA request letters straight away recorded delivery to both Bryan Carter & Lowell
I got a letter back off Bryan Carter saying thankyou for my letter etc etc but "Practice Direction 7C point 1.4(3a) eliminates the requirement to attach the documents to the particulars of the claim when issued by the 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 the Notices of Default and Assignment left the control pf 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 ask you to refer to your own records (I have no such records)" We confirm that our client is not agreeable to an extension for filing your defence (i didn't ask for one) and then just some other bits and pieces about making sure i respond in time etc etc
I then also receive a letter from Lowell saying "we are in receipt of your request for info on the Civil Procedure Rules. Please note that Fredrickson International are dealing with the Country Court proceedings on our behalf, we have passed on the request to them & they will be contacting you in due course. Any further communication should be made directly with them" blah blah blah
So basically i have an amount of £4k from before 2006 being chased - no idea what is for & as its from 2006 is it not statute barred anyway?- i regularly monitor my credit file online & there are no default notices or outstanding debts for the Co-OP so is my next track to just file my defence with the court reiterating these points?
I received a court claim on behalf Lowell from Bryan Carter Solicitors dated 29th August 2014 for around £4k for Co-Op bank that i didn't keep up payments on and then it was assigned to Lowell in Dec 2006 (already this says to me that it is over the statute barred date limit even if the debt is legit)
The court claim was also filed at my old address and only by luck (i guess you call it that) did i manage to get it forwarded onto me as i would have known nothing about it otherwise
I had read some of the threads on here about what to do next so filed the acknowledgment of service on the 2.9.14 & it was received on the 3.9.14
I fired off the CPR 31.14 & CCA request letters straight away recorded delivery to both Bryan Carter & Lowell
I got a letter back off Bryan Carter saying thankyou for my letter etc etc but "Practice Direction 7C point 1.4(3a) eliminates the requirement to attach the documents to the particulars of the claim when issued by the 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 the Notices of Default and Assignment left the control pf 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 ask you to refer to your own records (I have no such records)" We confirm that our client is not agreeable to an extension for filing your defence (i didn't ask for one) and then just some other bits and pieces about making sure i respond in time etc etc
I then also receive a letter from Lowell saying "we are in receipt of your request for info on the Civil Procedure Rules. Please note that Fredrickson International are dealing with the Country Court proceedings on our behalf, we have passed on the request to them & they will be contacting you in due course. Any further communication should be made directly with them" blah blah blah
So basically i have an amount of £4k from before 2006 being chased - no idea what is for & as its from 2006 is it not statute barred anyway?- i regularly monitor my credit file online & there are no default notices or outstanding debts for the Co-OP so is my next track to just file my defence with the court reiterating these points?
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