Hello,
After receiving a county court claim for a sum of £5,500 including court fees. I sent a request under CPR 31.14 to Bryan Carter Solicitors and they replied as below:
“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 your own records.
In this regard our client is not agreeable to an extension for you to file a Defence.”
Can anyone help.
Regards,
After receiving a county court claim for a sum of £5,500 including court fees. I sent a request under CPR 31.14 to Bryan Carter Solicitors and they replied as below:
“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 your own records.
In this regard our client is not agreeable to an extension for you to file a Defence.”
Can anyone help.
Regards,
Lowell Portfolio / Bryan Carter Solicitors - Not Complying with CPR 31
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