Response to part 31 CPR response - need some help :-(

[df1970]

Hi,

 

In short, I received a claim form regarding a catalogue debt going back some time but less than 6 years.

 

I sent a Part 31 CPR request as copied from this forum and I have just received the following response. Any help would be greatly appreciated as they seem to be able to ignore my request. Many thanks.

 

Dear Mr 1970

 

 

 

Thank you for your email requesting disclosure under Part 31 of the Civil Procedure Rules.

 

 

 

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 to your own records.

 

 

 

We confirm our client is not agreeable to an extension for filing the defence.

 

 

 

As you will be aware a Claim was issued in this matter on 22 July 2015 and we are in receipt of your acknowledgement of service. Please respond to the Claim using the Response Pack provided by the Court. You should comply with the deadlines outlined by the Court in order to avoid a default Judgment being entered against you.

 

 

 

We recommend you seek independent legal advice.

 

 

 

Yours sincerely

 

 

 

Bryan Carter Solicitors LLP

[Old Cogger]

usual missive from Carters,

[ericsbrother]

basically they dont have the info and dont want to get it as it spoils their case. When you submit your defence make it clear that they have failed to complay with a 31.14 discovery request and that you are severely disadvantaged in documenting your defence because of this. Their assumption that small claims track will be used is premature and if you have nothing to lose go for multitrack.

in the meanwhile you will have to do a CPR 31.xx or a SAR on the original creditor. The latter will get you more into than the former but cost you a tenner and will take up to 40 days to arrive.

There is a good chance that uncle Bryan will withdraw the claim if the information does come to light.

[citizenB]

Have moved thread to the Financial Legal forum as a claim has been issued.

 

Do you have a thread regarding the actual claim ?

[citizenB]

Did you send a CCA request to either the original lender or the claimant at any point ?

 

If they are in default of a legitimate s78 (request for agreement) then they should not be able to obtain judgment against you.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-December-2014**

 

As it would appear you have not provided any other information regarding this claim, please have a read of the link above and answer the questions, putting the answers in this thread. We will stand a better chance of advising you with the full history of the claim