Lowell claim form received from court

[nemesis45]

Re: Lowell claim form received from court

where does that leave me then obviously orange have confirmed these figures and dates verbally over the phone should I ask for it in writing? and then submit this to the court disputing part of the claim rather than the full thing? also this CPR form in your experience is this worthwhile sending off to the solicitors? ( I know I should have done this already but ive been mega busy)

Something like this in your defence.

The defendant is unable to reconcile the amount claimed with any account he may have had with the original creditor.

The claimant is put to strict proof as to how the amount claimed has been calculated.

If Lowell Solicitors Ltd., has had a hand in preparing the claim it may well be totally wrong going by their performance in many claims I've seen recently.

nem

[Diana M]

Re: Lowell claim form received from court

also this CPR form in your experience is this worthwhile sending off to the solicitors?

Yes

Di

[J03anderson]

Re: Lowell claim form received from court

Yes

Di

whats the difference between the CPR 31.14 and a CPR 18 request , which is better to send as another site saying to use the 18, or should I send both?? !!

need to get the ball rolling on this today

[J03anderson]

Re: Lowell claim form received from court

would someone check these over for me I need to get sent asap thankyou

cpr 31.14

xxxxxxxxxxxxx


Cohen Cramer Solicitors
1B Josephs Well
Hanover Walk
Leeds
LS3 1AB 31^st October 2016



Dear Sirs,

Re: Lowell Portfolio I LTD v xxxxxxxxxxxxxxx
CPR 31.14 Request

On 18^th October 2016 I received the Claim Form in this case issued by you out of the County Court business centre, Northampton.

I confirm having returned my acknowledgement of service to the court in which I indicate my intention to contest all of your claim.

[Prior to the issue of proceedings I had delivered a request for the production of the agreement mentioned in the Claim Form and on which you rely. That request was ignored][delete if no such request was delivered]

Please treat this letter as my request made under CPR 31.14 for the disclosure and the production of a verified and legible copy of [each of the following / the] document(s) mentioned in your Particulars of Claim:

1 the agreement. You will appreciate that in an ordinary case and by reason of the provisions of CPR PD 16 para 7.3, where a claim is based upon a written agreement, a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the original(s) should be available at the hearing. Further, that any general conditions incorporated in the contract should also be attached.

2 the assignment

3 the default notice

[Although your claim is for a sum which is not more than £10,000.00 and will in all likelihood be allocated to the small claims track for determination upon my delivering a defence, at this moment in time I have not delivered my defence and the case has not been allocated to a track. In consequence the provisions of CPR 27(2) are of no effect and you should not seek to avoid compliance with your CPR 31 duties by claiming otherwise]

You should ensure compliance with your CPR 31 duties and ensure that the document(s) I have requested are copied to and received by me within 7 days of receiving this letter. Your CPR 31 duties extend to making a reasonable and proportionate search for the originals of the documents I have requested, the better for you to be able to verify the document's authenticity and to provide me with a legible copy. Further, where I have requested a copy of a document, the original of which is now in the possession of another person, you will have a right to possession of that document if you have mentioned it in your case. You must take immediate steps to recover and preserve it for the purpose of this case.

Where I have mentioned a document and there is in your possession more than one version of that same document owing to a modification, obliteration or other marking or feature, each version will be a separate document and you must provide a copy of each version of it to me. Your obligations extend to making a reasonable and proportionate search for any version(s) to include an obligation to recover and preserve such version(s) which are now in the possession of a third party.

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 require more time in which to comply with this request you must tell me in writing. You must tell me before the time for compliance with this request has expired. In telling me you require more time you must tell me what steps you have taken and propose to take in order to comply with this request and also state a date by when you will comply with this request. In addition your statement must be accompanied with a statement that you agree to an extension of the time for me to file my defence. Your extension of time must be not less than 14 days from the date when you say you will have complied with my request and you must state the new date for filing my defence.

If you are unable to comply with this request and believe that you will never be able to comply with this request you must tell me in writing.

Please note that if you should fail to comply with this request, fail to request more time or fail to agree to an extension of time for the filing of my defence, I will make an application to the court for an order that the proceedings be struck out or stayed for non-compliance and a summary costs order.

I do hope this will not be necessary and look forward to hearing from you.

yours faithfully




xxxxxxxxx

- - - Updated - - -

cpr18

xxxxxxxxxxxxxxxxxxxx


Cohen Cramer Solicitors
1B Josephs Well
Hanover Walk
Leeds
LS3 1AB 31^st October 2016


Dear Sirs,



Re: Lowell Portfolio I Ltd v xxxxxxxxxxxxxxx

CPR18 Request for further information.

On the 18th of October 2016, I received the Claim Form in this case issued by you out of the Northampton County Court.
I confirm having returned my acknowledgement of service to the court in which I indicate my intention to contest your entire claim.


Please treat this letter as my request made under CPR18 for the disclosure and the production of a verified and legible copy of each of the following documents mentioned in your Particulars of Claim and is made by way of Service upon You:

1.The agreement, including the specific Terms at the point the alleged Agreement was made and any subsequent changes. You will appreciate that in an ordinary case and by reason of the provisions of CPR PD 16 para 7.3, where a claim is based upon a written agreement, a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the originals should be available at the hearing. Further, that any general conditions incorporated in the contract should also be attached.
2.The deed of assignment
3.The notice of assignment
4.The default warning letter
5.The default notice
6. I deny any indebtedness to the Claimant but particularly deny they are due statutory interest on the alleged amount of £186.70 and as such I request full disclosure of the amount the Claimant alleges to have paid for this alleged debt.

7. Also, your Particulars of Claim state the action is brought for Breach of Agreement, yet you have failed to identify the specific Statutory Instrument you have commenced proceedings under. Therefore, I would be request details of the Statutory Instrument under which you have brought proceedings.

You should ensure compliance with your CPR 18 duties and ensure that the documents I have requested are copied to and received by me within 7 days of receiving this letter. Failure to produce each and every document referenced within the Particulars of Claim (detailed above) will result in an Application to the Court for an Order of Disclosure.


Your CPR 18 duties extend to making a reasonable and proportionate search for the originals of the documents I have requested, the better for you to be able to verify the document's authenticity and to provide me with a legible copy. Further, where I have requested a copy of a document, the original of which is now in the possession of another person, you will have a right to possession of that document if you have mentioned it in your case. You must take immediate steps to recover and preserve it for the purpose of this case.

Where I have mentioned a document and there is in your possession more than one version of that same document owing to a modification, obliteration or other marking or feature, each version will be a separate document and you must provide a copy of each version of it to me. Your obligations extend to making a reasonable and proportionate search for any versions to include an obligation to recover and preserve such versions, which are now in the possession of a third party.

If you require more time in which to comply with this request you must tell me in writing. You must tell me before the time for compliance with this request has expired. In telling me you require more time you must tell me what steps you have taken and propose to take in order to comply with this request and also state a date by when you will comply with this request. In addition your statement must be accompanied with a statement that you agree to an extension of the time for me to file my defence. Your extension of time must be not less than 14 days from the date when you say you will have complied with my request and you must state the new date for filing my defence.

If you are unable to comply with this request and believe that you will never be able to comply with this request you must tell me in writing.

Please note that if you should fail to comply with this request, fail to request more time or fail to agree to an extension of time for the filing of my defence, I will make an application to the court for an order that the proceedings be struck out or stayed for non-compliance and a summary costs order.

Yours Sincerely


xxxxxxxxxxx

[MIKE770]

Re: Lowell claim form received from court

needs amendments as info for you showing within, go thru it line by line CPR 31.14 use do not try and get clever with these request

[J03anderson]

Re: Lowell claim form received from court

needs amendments as info for you showing within, go thru it line by line CPR 31.14 use do not try and get clever with these request

do not try and get clever ??

[Amethyst]

Re: Lowell claim form received from court

Part 18 is for asking questions / more information as opposed to document copies. CPR 31.14 is for asking for copies of documents mentioned in the statement of case. Ie what documents are mentioned in the particulars of claim?

How much is the claim against you for approx ? ( is it actually for £186 ? or 2705.50 ?)

Not sure what this is - is it meant to refer solely to the statutory interest on the claim?

6. I deny any indebtedness to the Claimant but particularly deny they are due statutory interest on the alleged amount of £186.70 and as such I request full disclosure of the amount the Claimant alleges to have paid for this alleged debt.

The letter you have used I believe is from ConsumerActionGroup ? For reference / comparison here is our recommended letter - http://legalbeagles.info/forums/show...ic-information

( ps. I've removed your personal info off the posts )

[J03anderson]

Re: Lowell claim form received from court

hi, sorry the claim is for £2705.50 in total [IMG][/IMG]

- - - Updated - - -

[IMG][/IMG]

[Amethyst]

Re: Lowell claim form received from court

Your CPR 31.14 request therefore can request a copy of the 'terms', the 'account agreement' and the 'notice of assignment'.

If you want to send a Part 18 you could use that to ask for a statement of the account and details of how the amount has been arrived at.


Those CAG letters are very wordy aren't they !

[J03anderson]

Re: Lowell claim form received from court

Your CPR 31.14 request therefore can request a copy of the 'terms', the 'account agreement' and the 'notice of assignment'.

If you want to send a Part 18 you could use that to ask for a statement of the account and details of how the amount has been arrived at.


Those CAG letters are very wordy aren't they !

yeah id like to do that also do you have a template for the 18 too???

[J03anderson]

Re: Lowell claim form received from court

also what date do I put on the 31.14 form where it says Toenable me to file my defence and/or counterclaim, I require inspection ofdocuments you mention in your statement of case ahead of filing my defence on XX XXXX 201X ??

[MIKE770]

Re: Lowell claim form received from court

do not try and get clever ??

CAG letters are very wordy

[J03anderson]

Re: Lowell claim form received from court

also what date do I put on the 31.14 form where it says Toenable me to file my defence and/or counterclaim, I require inspection ofdocuments you mention in your statement of case ahead of filing my defence on XX XXXX 201X ??

?? I want to get this sent off today but what date do I put in this paragraph? ?

[Stu]

Re: Lowell claim form received from court

33 days from the date on your claim form..

[J03anderson]

Re: Lowell claim form received from court

Hi guys this was Cohen cramer reply from my 2 requests what's my next move??