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*** DISCONTINUED *** Catalogue debt

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  • #16
    Re: Catalogue debt

    [MENTION=55034]nemesis45[/MENTION] sorry for asking again but do I have to choose the acknowledgment of service option start AOS?

    Comment


    • #17
      Re: Catalogue debt

      Originally posted by nafta View Post
      @nemesis45 sorry for asking again but do I have to choose the acknowledgment of service option start AOS?
      Yes acknowledge at that option.

      No apologies needed Nafta,

      nem

      nem
      The advice I give and draft letters provided are drawn from personal experience and career training and are given freely and without liability.

      Please make your own decisions with care and if necessary seek qualified legal advice. I will not advise by private message. If you'd like me to look at your post please tag me in your post by typing @nemesis45;.

      If you receive messages from anyone offering advice for a fee please report it to the site team.


      Animo et fide.

      Comment


      • #18
        Re: Catalogue debt

        Great I have now done the MCOL part. now the letters.

        Comment


        • #19
          Re: Catalogue debt

          Well Done,

          Please don't hesitate to ask any questions at any point.

          nem
          The advice I give and draft letters provided are drawn from personal experience and career training and are given freely and without liability.

          Please make your own decisions with care and if necessary seek qualified legal advice. I will not advise by private message. If you'd like me to look at your post please tag me in your post by typing @nemesis45;.

          If you receive messages from anyone offering advice for a fee please report it to the site team.


          Animo et fide.

          Comment


          • #20
            Re: Catalogue debt

            [MENTION=55034]nemesis45[/MENTION] the claim form mentions a different address for sending documents. Is this the address I should send these letters to? I understand both letter are address to Lowell as they are they claimant?
            Thank you!

            nafta

            Comment


            • #21
              Re: Catalogue debt

              Originally posted by nafta View Post
              @nemesis45 the claim form mentions a different address for sending documents. Is this the address I should send these letters to? I understand both letter are address to Lowell as they are they claimant?
              Thank you!

              nafta
              What address is it Nafta? Cohen?

              Send the letter + fee to Lowell at Ellington House and a copy for information toe Cohen who will only have to send it to Lowell as they will not have the agreement to hand.
              Just solicitors and Lowell playing silly buggers as usual.

              nem

              nem
              The advice I give and draft letters provided are drawn from personal experience and career training and are given freely and without liability.

              Please make your own decisions with care and if necessary seek qualified legal advice. I will not advise by private message. If you'd like me to look at your post please tag me in your post by typing @nemesis45;.

              If you receive messages from anyone offering advice for a fee please report it to the site team.


              Animo et fide.

              Comment


              • #22
                Re: Catalogue debt

                at the top of the form there is the details for the Claimant Lowell Portfolio Ellington House...
                Then it says Cohen Cramer Solicitors ,1B Josephs Well ...for sending documents and payment

                Comment


                • #23
                  Re: Catalogue debt

                  Originally posted by nafta View Post
                  at the top of the form there is the details for the Claimant Lowell Portfolio Ellington House...
                  Then it says Cohen Cramer Solicitors ,1B Josephs Well ...for sending documents and payment
                  See post #21

                  nem
                  The advice I give and draft letters provided are drawn from personal experience and career training and are given freely and without liability.

                  Please make your own decisions with care and if necessary seek qualified legal advice. I will not advise by private message. If you'd like me to look at your post please tag me in your post by typing @nemesis45;.

                  If you receive messages from anyone offering advice for a fee please report it to the site team.


                  Animo et fide.

                  Comment


                  • #24
                    Re: Catalogue debt

                    [MENTION=55034]nemesis45[/MENTION]

                    "Request for documents mentioned in a statement of case under CPR 31.14

                    On 11/01/2017 I received a County Court claim from yourselves of which I have acknowledged receipt indicating my intention to defend in full.

                    To enable me to file my defence and/or counterclaim, I require inspection of documents you mention in your statement of case ahead of filing my defence on XX XXXX 201X.

                    1. Agreement / Contract"




                    what date should I put in here? sorry I don't understand it fully. And...

                    "Inaccordance with CPR 31.15(c) I undertake to be responsible for your reasonablecopying costs incurred in complying with this CPR 31.14 request."


                    What does this mean?

                    nafta

                    Comment


                    • #25
                      Re: Catalogue debt

                      [MENTION=55034]nemesis45[/MENTION]

                      "For your information and records I enclose a copy of the formal request for a copy of the credit agreement relating to this claim, pursuant to the Consumer Credit Act 1974, which has been posted to your client with the statutory fee of £1 today, XX XXXX 201X."



                      I am posting these two letter to the claimant who is Lowell. so do I need to say the bit that says "posted top your client"?

                      Comment


                      • #26
                        Re: Catalogue debt

                        Originally posted by nafta View Post
                        @nemesis45

                        "Request for documents mentioned in a statement of case under CPR 31.14

                        On 11/01/2017 I received a County Court claim from yourselves of which I have acknowledged receipt indicating my intention to defend in full.

                        To enable me to file my defence and/or counterclaim, I require inspection of documents you mention in your statement of case ahead of filing my defence. (Just leave it at that).

                        1. Agreement / Contract
                        2. Notice of Assignment
                        3. Default Notice





                        what date should I put in here? sorry I don't understand it fully. And...

                        "Inaccordance with CPR 31.15(c) I undertake to be responsible for your reasonablecopying costs incurred in complying with this CPR 31.14 request."


                        What does this mean?
                        Just a courtesy gesture. It's very unlikely that they will ask for payment.

                        nafta
                        ####
                        CAVEAT LECTOR

                        This is only my opinion - "
                        Opinions are made to be changed --or how is truth to be got at?" (Byron)

                        You and I do not see things as they are. We see things as we are.
                        Cohen, Herb

                        There is danger when a man throws his tongue into high gear before he
                        gets his brain a-going.
                        Phelps, C. C.

                        "They couldn't hit an elephant at this distance!"
                        The last words of John Sedgwick

                        Comment


                        • #27
                          Re: Catalogue debt

                          Originally posted by nafta View Post
                          @nemesis45

                          "For your information and records I enclose a copy of the formal request for a copy of the credit agreement relating to this claim, pursuant to the Consumer Credit Act 1974, which has been posted to your client with the statutory fee of £1 today, XX XXXX 201X."



                          I am posting these two letter to the claimant who is Lowell. so do I need to say the bit that says "posted top your client"?
                          CCA request to Claimant.
                          CPR request to solicitors (You could enclose a copy of the CCA request with this....no fee with this one.....& write "Please find enclosed a copy of a CCA request sent to your client (put Lowells name per claim form) on (date).
                          CAVEAT LECTOR

                          This is only my opinion - "
                          Opinions are made to be changed --or how is truth to be got at?" (Byron)

                          You and I do not see things as they are. We see things as we are.
                          Cohen, Herb

                          There is danger when a man throws his tongue into high gear before he
                          gets his brain a-going.
                          Phelps, C. C.

                          "They couldn't hit an elephant at this distance!"
                          The last words of John Sedgwick

                          Comment


                          • #28
                            Re: Catalogue debt

                            Thank you [MENTION=5553]charitynjw[/MENTION]

                            Comment


                            • #29
                              Re: Catalogue debt

                              Originally posted by nafta View Post
                              @nemesis45

                              "Request for documents mentioned in a statement of case under CPR 31.14

                              On 11/01/2017 I received a County Court claim from yourselves of which I have acknowledged receipt indicating my intention to defend in full.

                              To enable me to file my defence and/or counterclaim, I require inspection of documents you mention in your statement of case ahead of filing my defence on XX XXXX 201X.

                              1. Agreement / Contract"




                              what date should I put in here? sorry I don't understand it fully.
                              you could just take out the date part altogether ... although your defence will be due 33 days after the issue date on the claim form

                              Originally posted by nafta View Post
                              And...

                              "Inaccordance with CPR 31.15(c) I undertake to be responsible for your reasonablecopying costs incurred in complying with this CPR 31.14 request."


                              What does this mean?

                              nafta
                              it's added to every cpr request to say you'll pay their copying costs (if needed) ... I've never seen anyone actually be charged for it tho' xx

                              - - - Updated - - -

                              beat me to it Charity :lol: xx
                              Debt is like any other trap, easy enough to get into, but hard enough to get out of.

                              It doesn't matter where your journey begins, so long as you begin it...

                              recte agens confido

                              ~~~~~

                              Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.

                              I can be emailed if you need my help loading pictures/documents to your thread. My email address is kati@legalbeagles.info
                              But please include a link to your thread so I know who you are.

                              Specialist advice can be sought via our sister site JustBeagle

                              Comment


                              • #30
                                Re: Catalogue debt

                                Originally posted by nafta View Post
                                "Inaccordance with CPR 31.15(c) I undertake to be responsible for your reasonablecopying costs incurred in complying with this CPR 31.14 request."

                                What does this mean?
                                It means that if you don't include that in your request then you wouldn't be successful in any future application you may make to force disclosure.


                                Originally posted by Joanna C View Post
                                You must include the part "In accordance with CPR 31.15(c) I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request. ".
                                If you don't include it in your CPR 31.14 request then you have no right to insist on disclosure of the documentation because CPR 31.15 says that where a party has a right to inspect a document

                                31.15 Where a party has a right to inspect a documentĖ
                                "31.15 (c) that party may request a copy of the document and, if he also undertakes to pay reasonable copying costs, the party who disclosed the document must supply him with a copy not more than 7 days after the date on which he received the request".

                                It is extremely unlikely that the claimant would try to charge a LIP for the production of the documentation but without your undertaking to pay you wouldn't be successful if you had to make an application.
                                Di
                                I am a Litigation Executive at Joanna Connolly Solicitors a firm which specialises in consumer credit.

                                This forumís site rules donít allow me to give advice by PM but if you need to contact me please email di@joannaconnollysolicitors.co.uk. Our initial advice is always free.


                                Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

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                                SHORTCUTS

                                Pre-Action Letters
                                First Steps
                                Check your dates
                                Acknowledge a Claim
                                CCA Request Letter
                                CPR 31.14 Request Letter
                                Subject Access Request Letter
                                Example Defence
                                Set Aside Application



                                If you received a court claim and would like some help and support dealing with it, please read the first steps and make a new thread in the forum with as much information as you can.


                                NOTE: If you receive a court claim note these dates in your calendar ...
                                Acknowledge Claim - within 14 days from Service

                                Defend Claim - within 28 days from Service (IF you acknowledged in time)

                                If you fail to Acknowledge the claim you may have a default judgment awarded against you, likewise, if you fail to enter your defence within 28 days from Service.





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