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Lowell v shirlthegirl's hubby

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  • Lowell v shirlthegirl's hubby

    Hi folks

    You were all most helpful a couple of years ago and assisted me in defending an issue against Brian Carter / Lowell

    So here we are with a few more grey hairs and now hubby has received a Claim form from Northampton.

    We are doing the acknowledgement online and there is an option to contest jurisdiction. Can I just have confirmation that we do not need to do this please?

    Cheers
    Tags: None

  • #2
    Re: Lowell v shirlthegirl's hubby

    If you are in England or Wales no need to contest jurisdiction

    Comment


    • #3
      Re: Lowell v shirlthegirl's hubby

      Hi again, I seem to have landed the job of doing all the paperwork for this (it is that or wait for the fallout when the time runs out). Anyhoo, I am busy doing the letters for the 3114 and CCA. I have copies of the letters I sent out for my battle a couple of years ago and wondered if everything is still the same now? Also, there seem to be more things in his particulars of Claim so I will copy the bits that I didn't cover on my 3114 letter so not sure if I need to address them for his...

      1. The agreement - sorted on this bit
      2. The default notice - also sorted.
      3. The Agreement was later assigned to the Claimant on 25/09/2014 and notice given to the Defendant. - Do I need to ask for proof of this?

      Thank you in advance.

      Comment


      • #4
        Re: Lowell v shirlthegirl's hubby

        Hi

        Yes, you want to see the Assignment Notice as if none exists they have no right to bring the claim.
        COMPLETING AN N180 DIRECTIONS QUESTIONNAIRE (SMALL CLAIMS TRACK) GUIDE

        My posts here are based on my experience of a variety of life events. I have no formal legal training & if in doubt take professional legal advice or contact CAB. If you follow anything I write here you do so at your own risk & I accept no liability for any loss, costs or other outcomes.

        Private messages are disabled as help is only offered publicly. I do not come on here in the evening, at weekends or on public holidays.

        Comment


        • #5
          Re: Lowell v shirlthegirl's hubby

          What is the claim for (Credit card, bank acc/overdraft, mobile phone etc) & approx how much?
          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


          • #6
            Re: Lowell v shirlthegirl's hubby

            Hi, it is for a Capital One credit card - they are claiming £254.49 plus Court fee £25.00 and Legal representative costs of £50.00 making a total of £329.49

            Comment


            • #7
              Re: Lowell v shirlthegirl's hubby

              I would also ask for the deed of assignment. You won't get it but it puts them in notice come your defence you will be asking for it.

              Comment


              • #8
                Re: Lowell v shirlthegirl's hubby

                Is there some legalese I should quote when asking for a copy of the Assignment? I have the wording for the first two bits from my own paperwork a few years ago.

                Comment


                • #9
                  Re: Lowell v shirlthegirl's hubby

                  Have you sent a CCA s78 request to Lowells?

                  If not, do so asap.
                  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


                  • #10
                    Re: Lowell v shirlthegirl's hubby

                    Doing that right now, thanks

                    Comment


                    • #11
                      Re: Lowell v shirlthegirl's hubby

                      Originally posted by warwick65 View Post
                      I would also ask for the deed of assignment. You won't get it but it puts them in notice come your defence you will be asking for it.
                      How should I word that part of the request - somehow 'please send me a copy of the deed of assignment' doesn't look right following all the 'compliant with.....' bits in the other two points I have typed

                      Comment


                      • #12
                        Re: Lowell v shirlthegirl's hubby

                        CCA Request Letter

                        Comment


                        • #13
                          Re: Lowell v shirlthegirl's hubby

                          Thanks for the link I have done that one already, struggling with wording on the CPR 31.14 request for the deed of assignment

                          Comment


                          • #14
                            Re: Lowell v shirlthegirl's hubby

                            Could you post up (or type verbatim*) the Particulars of Claim?

                            (*One of these days someone will post just the word 'verbatim')
                            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


                            • #15
                              Re: Lowell v shirlthegirl's hubby

                              Originally posted by charitynjw View Post
                              Could you post up (or type verbatim*) the Particulars of Claim?

                              (*One of these days someone will post just the word 'verbatim')
                              Here you go....

                              1) The Defendant entered into a Consumer Credit Act 1974 regulated agreement with Capital one under account reference 4775965314294926 ('the Agreement').
                              2) The Defendant failed to maintain the required payments and a default notice was served and not complied with.
                              3) The Agreement was later assigned to the Claimant on 25/09/2014 and notice given to the defendant.
                              4) Despite repeated requests for payment, the sum of £235.64 remains due and outstanding.
                              And the Claimant claims
                              a) The said sum of £235.64
                              b) Interest pursuant to s69 County Courts Act 1984 at the rate of 8% per annum from the date of assignment to the date of issue, accruing at a daily rate of £0.052, but limited to one year, being £18.85
                              c) Costs

                              Comment

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