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Re: please help got claim form from county court today
HI Gordon,
Today I received a letter from Bryan Carter Solicitor for my letter sent on 24th Dec;2013.
It says...
We write further to your recent letter requesting disclosure under part 31 of the civil procedure rules.
We confirm the claim form was issued by northampton cc bulk centre and that court's protocol was followed when issuing the claimant's particulars of the claim.
Practice 7C point 1.4(3A) eliminates requirement to attach the documents to the particular claim when they are issued by the court.
We confirm this matter will most probably be allocated to 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 despatched to you.
It is the original creditor's policy to issue agreement at the date of the contract and statements throughout the duration of the agreement and inn this regard we ask you to your own records.
We confirm that we are instructed by our client to act on their behalf in relation to the collection of the above outstanding balance. The debt relates to capital one account which was assigned to our client on 1 October 2009. You may verify our instructions with our client if you wish.
We will take further instructions from our client regarding the points raised in your letter. We will revert to you once we have a response.
In meantime, we recommend you seek independent legal advice. A claim was issued inn this matter on 16th Dec;2013. We note that you state you have returned your acknowledgement of service to the court, once we receive notification of this we will update your account accordingly.
Can you please advise me next step thanks.
Far as i understood that they saying that they are not obliged by law to provide any of the documents i required.
Please help.
Thanks
HI Gordon,
Today I received a letter from Bryan Carter Solicitor for my letter sent on 24th Dec;2013.
It says...
We write further to your recent letter requesting disclosure under part 31 of the civil procedure rules.
We confirm the claim form was issued by northampton cc bulk centre and that court's protocol was followed when issuing the claimant's particulars of the claim.
Practice 7C point 1.4(3A) eliminates requirement to attach the documents to the particular claim when they are issued by the court.
We confirm this matter will most probably be allocated to 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 despatched to you.
It is the original creditor's policy to issue agreement at the date of the contract and statements throughout the duration of the agreement and inn this regard we ask you to your own records.
We confirm that we are instructed by our client to act on their behalf in relation to the collection of the above outstanding balance. The debt relates to capital one account which was assigned to our client on 1 October 2009. You may verify our instructions with our client if you wish.
We will take further instructions from our client regarding the points raised in your letter. We will revert to you once we have a response.
In meantime, we recommend you seek independent legal advice. A claim was issued inn this matter on 16th Dec;2013. We note that you state you have returned your acknowledgement of service to the court, once we receive notification of this we will update your account accordingly.
Can you please advise me next step thanks.
Far as i understood that they saying that they are not obliged by law to provide any of the documents i required.
Please help.
Thanks
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