Court Claim - Lowell / Lloyds - 18-12-2017

[mondayman]

Re: Court Claim - Lowell / Lloyds - 18-12-2017

Hi

The court won’t know unless you tell them which is part of the purpose of your defence should you decide to enter one.
If I were you I would try to enjoy Christmas in whatever manner you choose and when the holidays are over will be time enough to work on the defence.

If not already sent, you do need to get the CCA request and the CPR31.14 request sent by Royal Mail signed for on 27th

Hopefully they will not be able to produce an agreement or a default notice or a final demand or indeed the details of the assignment.

Have a great Christmas and try not to worry

So how do I let the court know?

I acknowledge the claim online and clicked I'm disputing it.

Is it possible to speak on the phone with one of you guys on the 27th?

- - - Updated - - -

Assuming the claim was dated 18th Dec and you have acknowledged it online ( hopefully by just ticking I intend to defend all) then you have until 20th Jan to submit a defence. If you put anything at all in the defence box you will need to try and amend it but that can be sorted after xmas

I didn't write anything at all.... I just ticked the box saying I contest the full amount?

[mondayman]

Re: Court Claim - Lowell / Lloyds - 18-12-2017

Assuming the claim was dated 18th Dec and you have acknowledged it online ( hopefully by just ticking I intend to defend all) then you have until 20th Jan to submit a defence. If you put anything at all in the defence box you will need to try and amend it but that can be sorted after xmas

I didn't write anything at all.... I just ticked the box saying I contest the full amount?

[warwick65]

Re: Court Claim - Lowell / Lloyds - 18-12-2017

That's good. I'm afraid this is an Internet forum where most are just people like you and me with experience.

There are a couple of people who represent solicitors [MENTION=87380]Diana M[/MENTION]

[mondayman]

Re: Court Claim - Lowell / Lloyds - 18-12-2017

Hi
The s77 request goes to Lowell, the cpr31. 14 request goes to Lowell solicitors. How much, roughly is the claim for?

Hi Warwick,

Im hoping to get these letters sent out today. So to clarify.... how do i let the court know?

Do i need to send 1 letter to Lowell, and 1 letter to Lowell Solicitors? And send any letter to the court?

Thanks

[warwick65]

Re: Court Claim - Lowell / Lloyds - 18-12-2017

Hi
So CCA request to Lowell
Cpr31.14 request to Lowell solicitors


The way you let the court know is through your defence which can be filed online or by post or email



Here is a sample defence Example Defence which you would adjust to your own circumstances

Assuming the date of the claim form was 18th Dec and you have acknowledged it online with the intention to defend all , by my calculations you have until 20th January to file your defence which is, I think a saturday so you have until 4pm the next working day (Mon 22nd jan). I would wait until you have received the post on Saturday 22nd just to make sure they don't send anything at the last minute although if it makes you feel better maybe do it on the Friday

[mondayman]

Re: Court Claim - Lowell / Lloyds - 18-12-2017

Hi
So CCA request to Lowell
Cpr31.14 request to Lowell solicitors


The way you let the court know is through your defence which can be filed online or by post or email



Here is a sample defence Example Defence which you would adjust to your own circumstances

Assuming the date of the claim form was 18th Dec and you have acknowledged it online with the intention to defend all , by my calculations you have until 20th January to file your defence which is, I think a saturday so you have until 4pm the next working day (Mon 22nd jan). I would wait until you have received the post on Saturday 22nd just to make sure they don't send anything at the last minute although if it makes you feel better maybe do it on the Friday

Thank you.... so I'll send the two letters recorded delivery today. Do I actually need to put £1 in the letter?

How long do Lowell then have to produce to relevant documents?

[warwick65]

Re: Court Claim - Lowell / Lloyds - 18-12-2017

You put a cheque or postal order for £1 in with the CCA request. No money with the cpr31.14

To be honest they should respond within 14 working days but in practice it can take them from a few days to never or as in my case ironically they sent a copy of the agreement for my CPR 31.14 request but totally ignored my previous CCA request

If you find the whole thing overwhelming I would try to get some free initial legal advice where they can answer your questions and hopefully put your mind at rest

[Brandy1234]

Re: Court Claim - Lowell / Lloyds - 18-12-2017

Hi

I have been searching a number of posts and have noticed that OP's are being encouraged to request disclosure under CPR 31.14.

This is what CPR 31 says:

Scope of this Part

31.1
(1) This Part sets out rules about the disclosure and inspection of documents.
(2) This Part applies to all claims except a claim on the small claims track.

The likelihood is that any claim under £10,000 will be 'small claims track', so, requesting documents under CPR 31.14 is unlikely to be of any use.

Would it be better use of court procedure rule to request information pursuant to CPR 18, given the sum claimed is more than likely less than £10,000 and therefore fall to be heard on the small claims track?

http://www.justice.gov.uk/courts/pro.../pd_part18#1.1

[MIKE770]

Re: Court Claim - Lowell / Lloyds - 18-12-2017

they do not have to respond at that stage but further down the line, their failure comes to light, read threads more thoroughly and you will get the trend many solicitors follow:- knowing that sanctions in the end can be requested against them for failure to act on court instructions, if we say / suggest send one then we have a proven track record for suggesting , as as volunteers , we are not a debating society? CPR 18 only if advised as every case can be different?

[charitynjw]

Re: Court Claim - Lowell / Lloyds - 18-12-2017

Hi

I have been searching a number of posts and have noticed that OP's are being encouraged to request disclosure under CPR 31.14.

This is what CPR 31 says:

Scope of this Part

31.1
(1) This Part sets out rules about the disclosure and inspection of documents.
(2) This Part applies to all claims except a claim on the small claims track.

The likelihood is that any claim under £10,000 will be 'small claims track', so, requesting documents under CPR 31.14 is unlikely to be of any use.

Would it be better use of court procedure rule to request information pursuant to CPR 18, given the sum claimed is more than likely less than £10,000 and therefore fall to be heard on the small claims track?

http://www.justice.gov.uk/courts/pro.../pd_part18#1.1

CPR 18 also is, for the most part, not applicable in Small Claims.
(CPR 27.2(f)) https://www.justice.gov.uk/courts/pr...es/part27#27.2

[warwick65]

Re: Court Claim - Lowell / Lloyds - 18-12-2017

But, when the requests are made the claim has not been allocated. Also you forget what Part 18 requests are for - further information.


Just to add- when I received my claim- yes in case I haven't mentioned it I received a claim :-)

I sent CPR 31.14 requests and I was told I had done exactly the right thing.

[Brandy1234]

Re: Court Claim - Lowell / Lloyds - 18-12-2017

CPR 18 also is, for the most part, not applicable in Small Claims.
(CPR 27.2(f)) https://www.justice.gov.uk/courts/pr...es/part27#27.2

I see, Thank you.

Not looking to be controversial here, but, looking at the link you posted, it would appear that neither does CPR 31.

That said, whether I was right to do so or not, I admit, I used CPR 18 against PRA Group, and they lost, I cannot say it was solely due to reliance on CPR 18, but it certainly did me no harm. So I s'pose it's what works best for the party concerned and the circumstances of the case.

PRA were looking to collect on a £7k debt btw.

[Brandy1234]

Re: Court Claim - Lowell / Lloyds - 18-12-2017

But, when the requests are made the claim has not been allocated. Also you forget what Part 18 requests are for - further information.


Just to add- when I received my claim- yes in case I haven't mentioned it I received a claim :-)

I sent CPR 31.14 requests and I was told by both my solicitor and also Tom Brennan the barrister I had done exactly the right thing. My solicitor sent , I think, Part 18 requests to clarify details

It is true when a claim is made it is not 'allocated', but that does not mean it will not be.

Small Claims Track is for claims under £10k, so, if the claim proceeds, it will be Small Claims Track, because court procedure dictates it is so.

I just thought if someone is claiming against me and the particulars are scant, it made sense to me to request further information. CPR 18 just seemed more than appropriate to me, for my purpose, at the time.

If your solicitor and Tom Brennan have confirmed you did the right thing, then, you must have.

I admit, I did not use CPR 31, but then, I had not seen this forum at that time, I used CPR 18, not to clarify details, but to request further information when PRA Group wanted £7k.

The particulars were so vague, that's why I thought best to request further information under CPR 18.

I can only Thank God that I went on to win, given I did not rely on CPR 31?

I can imagine I will use it next time though, now I'm better informed s'pose.

[warwick65]

Re: Court Claim - Lowell / Lloyds - 18-12-2017

Hi
Just to clarify, it is not just the value that dictates the track so you can get small claims above 10k and fast track under.

I personally don't care too much how a win happens as long as it does.

Cpr, 18 requests can in certain circumstances be refused and I find it telling that solicitors are now not using the previous excuse it will probably be allocated to the small claims track blah blah

[charitynjw]

Re: Court Claim - Lowell / Lloyds - 18-12-2017

Imho, CPRs 31 & 18 only formalise what is nevertheless enshrined elsewhere in the Civil Procedure rules.

Going right back to the beginning, CPR 1 (The Overriding Objective)

1.1

(1) These Rules are a new procedural code with the overriding objective of enabling the court to deal with cases justly and at proportionate cost.
(2) Dealing with a case justly and at proportionate cost includes, so far as is practicable –
(a) ensuring that the parties are on an equal footing;

The parties involved are instructed as follows

Duty of the parties

1.3

The parties are required to help the court to further the overriding objective.

If you know, or suspect, that the other party has evidence/documentation which they are reluctant to disclose voluntarily, just ask for it.