hi iv recieved a letter of claim from bryancarter for their client lowell they gave me 14 days tpo pay said sum of money or they will advice their client to go to court so iv replied with the litigation letter
Thankyou for your letter dated 7thapril 201 As the letter contains athreat of litigation, it is being treated as a formal letter beforeaction. As such, I refer you to paragraph 1 of the Practice DirectionPre-Action Conduct, which states the purpose of such a letter is to“enable the parties to settle the issues between them” and toencourage the parties to “exchange information”.
Paragraph2.2 (1) of Annex A states you have an obligation to “list theessential documents on which the Claimant intends to rely”. I couldnot identify such a list in your letter, please list the documents soI can see your case against me and request copies of anything that Imay need.
Paragraph3.2 (3) of Annex A allows me to “request further information toenable me to provide a full response”. My request is a request fordocuments as the information I require would come from thosedocuments. Paragraph 5.1 of Annex A states that you should “providethe documents requested within as short a period of time as ispracticable or explain in writing why the documents will not beprovided”.
Irequire copies of the following:
Thesedocuments would be expected to be supplied if proceedings were issuedand would likely be in your possession if you were issuing a claim.If you consider that there is difficulty in providing a copy of adocument, please identify that document and the reason. Additionally,there is a duty to supply documents under the Consumer Credit Act1974. A request has been made under s.78 on 10 th april 2015 and I am awaiting a response.
Ishall be able to provide you with a full response to your letterwithin 14 days of receipt of the documents listed above and alsoreserve the right to refer to the contents of this letter ifproceedings are issued without first providing copy documents to me.
Yourssincerely,
the thing is it is to be statuted barred on the 26th june how long do you think this process will take iv got just 5 weeks ish . i contacted the original company and they did send me my signed cca and statements the thing is will they be able to get them that quick thanks .
Thankyou for your letter dated 7thapril 201 As the letter contains athreat of litigation, it is being treated as a formal letter beforeaction. As such, I refer you to paragraph 1 of the Practice DirectionPre-Action Conduct, which states the purpose of such a letter is to“enable the parties to settle the issues between them” and toencourage the parties to “exchange information”.
Paragraph2.2 (1) of Annex A states you have an obligation to “list theessential documents on which the Claimant intends to rely”. I couldnot identify such a list in your letter, please list the documents soI can see your case against me and request copies of anything that Imay need.
Paragraph3.2 (3) of Annex A allows me to “request further information toenable me to provide a full response”. My request is a request fordocuments as the information I require would come from thosedocuments. Paragraph 5.1 of Annex A states that you should “providethe documents requested within as short a period of time as ispracticable or explain in writing why the documents will not beprovided”.
Irequire copies of the following:
- The original credit agreement;
- The Default Notice;
- The Termination Notice;
- The Notice of Assignment;
- Statements of account;
Thesedocuments would be expected to be supplied if proceedings were issuedand would likely be in your possession if you were issuing a claim.If you consider that there is difficulty in providing a copy of adocument, please identify that document and the reason. Additionally,there is a duty to supply documents under the Consumer Credit Act1974. A request has been made under s.78 on 10 th april 2015 and I am awaiting a response.
Ishall be able to provide you with a full response to your letterwithin 14 days of receipt of the documents listed above and alsoreserve the right to refer to the contents of this letter ifproceedings are issued without first providing copy documents to me.
Yourssincerely,
the thing is it is to be statuted barred on the 26th june how long do you think this process will take iv got just 5 weeks ish . i contacted the original company and they did send me my signed cca and statements the thing is will they be able to get them that quick thanks .
bryanand carter/lowell claim letter
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