Hi everyone,
I'm after a bit of help please. Lowell Portfolio Ltd has issued a claim against my Mum for an account with capital one.
The claim was issued on 11th Feb
The particulars of claim are:
"the claimants claim is for the sum of 348.74, being monies due from the defendant to the claimant under an agreement regulated by the consumer credit act 1974 between the defendant and Capital One.
Under account reference ********
and assigned to the claimant on 19/06/2007,
Notice of which has been given to the defendant.
The defendant failed to maintain contractual repayment under the terms of the agreement and a default notice has been served which has not been complied with.
And the claimant claims 348.74
The claimant also claims statutory interest pursuant to s.69 of the County Court Act 1984 at a rate of 8% per annum from the date of assignment of the agreement to date but not limited to a maximum of one year and a maximum of 1000 amounting to 27.89"
I have filed an acknowledgement of service for her, sent a CCA letter to Lowell and have sent a cpr 31.14 letter to Bryan Carter Solicitors askng for the documents they have mentioned.
We received a letter from the solicitors yesterday which said,
"We write further to your letter dated 22 February 2015 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 11 February 2015 and we are in receipt of your acknowledgement of service. Please respond to the Claim using the Response Pack provided by the Court.
We recommend you seek independent legal advice."
What are my next stages? I assume that because it has not been allocated they still have to comply with the CPR rules?
I have not yet received a response to the CCA from Lowell.
Any help in this is greatly appreciated.
Many thanks
James
Lowell Portfolio Ltd
