Lowell vs Me

[mike7510uk]

Hi

Have received a Claim form from Lowell and have today completed both the Acknowledgement of Service to defend all the claim and the CPR18 letter (sent recorded delivery to Lowell.

My question is, what next?

Thanks

*edit - just seen the getting started thread so here is the further info*

Received a claim? Yes
Issue Date: 27th June 2018
Have you Acknowledged the Claim?: Yes (3/4/18)
Total Amount Claimed: £923.76 (inc costs)
Claimant’s Name: Lowell Portfolio I Ltd
Solicitors Firm: Lowell solicitors Ltd
Original Creditor: Littlewoods
Original Debt (eg. Credit card/Loan/Overdraft) :Catalogue

Particulars of Claim: Please type out in full excluding names/account numbers:
1) The defendant opened a Very - Littlewoods direct regulated consumer credit account under reference ***** on 01/11/2013 ("The agreement")
2) In breach of the agreement, the defendant failed to maintain the required payments and the agreement was terminated
3) The agreement was later assigned to the Claimant on 4/12/2017 and written notice given to the defendant.
4) Despite repeated requests for payment the sum of £759.79 remains due and outstanding. And the claimant claims
A) the said sum of £759.79
B) interest pursuant to s69 Count Courts Act 1984 at the rate of 8% per annum from the date of assignment to the date of issue, accuring at a daily rate of £0.167, but limited to one year, being £33.97
C) Costs


Is the debt Statute Barred (have you had any contact with the creditor or claimant over the last 6 years?): No
List any letters you have sent (eg: CCA/ CPR ) CPR18
Any Other Information or Background Details: None

[MIKE770]

First Steps read 1st this one, some you have done but other not:-




Check dates
Acknowledge Claim
CCA Request
CPR 31.14 Request

[MIKE770]

Subject Access Request Letter
Example Defence

[MIKE770]

what is the claim for also what does N1 court form state i.e. under agreement etc etc also CPR31.14 can only ask for stated documents on the claim form

[mike7510uk]

what is the claim for also what does N1 court form state i.e. under agreement etc etc also CPR31.14 can only ask for stated documents on the claim form

Hi Mike

Thanks for your reply.

The claim is for £900 (inc costs) so thought I had to use the CPR18 form?

For the under agreement bit, did you mean Particulars of claim section? (have added the details to the opening post)

Have checked the dates:
Issue date - 27/06/2018
I sent cpr18 on 3/7/2018

Will get on the defence now, do I wait for a response before sending it?

[MIKE770]

yes
CPR 31.14 Request

to solicitors a
also send CCA request with £ 1.00 to owners copy to solicitors for reference = Recorded Delivery

defence send the day before due with up to date info i.e. on such a date CPR18 sent - no response
CCA1974 sent - no response
CPR31.14 sent no response etc etc if that is the situation on that date - only request as stated POC

[mike7510uk]

Do I need to do the CCA and or CPR31 when I have doeb the CPR18 already?
if yes, does the CCA go to Lowell as these are listed as both solicitor and claimant?

[MIKE770]

CCA to lowells head office Ellington House, 9 Savannah Way, Leeds LS10 1AB

CPR31.14 to solicitor requesting as per POC listed P.O.Box, address

[mike7510uk]

Received today a letter from Lowell Solicitors stating that they have issued legal proceedings which I will receive from Northampton C court. This letter is dated 2/7/2018.
My question is, can I now use this as part of defence given that they notified me after the claim was issued (27th June)?

[MIKE770]

you already have the court form, shows how slap happy that office is lol


keep that letter on file just in case sill beggars try to be funny, meantime defence get near ready to send off updated a day or two before latest due

[MIKE770]

have you sent the 2 request yet??

[Amethyst]

What did you ask for in the CPR 18 letter ? ( really you want CPR 31.14 as Part 18 is really only for fast track (ie over £10k ) and for asking questions rather than requesting copies of documents ) so I'd do the CPR 31.14 as well personally. And def do the CCA request as it's Littlewoods/ShopDirect. If they do come up with documents as the debt was only started in 2013 it is likely to be enforceable, so are there any issues with the account at all ? disputes etc?

[mike7510uk]

you already have the court form, shows how slap happy that office is lol


keep that letter on file just in case sill beggars try to be funny, meantime defence get near ready to send off updated a day or two before latest due

Yep exactly!Useless people lol

With dates etc, do I basically count 33 days from date of issue?

[mike7510uk]

What did you ask for in the CPR 18 letter ? ( really you want CPR 31.14 as Part 18 is really only for fast track (ie over £10k ) and for asking questions rather than requesting copies of documents ) so I'd do the CPR 31.14 as well personally. And def do the CCA request as it's Littlewoods/ShopDirect. If they do come up with documents as the debt was only started in 2013 it is likely to be enforceable, so are there any issues with the account at all ? disputes etc?

CPR18 (which I found on another site) contained this...

"Dear Sirs,

Re: (Lowell Portfolio I LTD) v (me) Case No: E******

CPR18 Preliminary Request for further information / clarification

On the 27^th June 2018, 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 Preliminary Request for further information made, under CPR Part 18 for the following, including any documentation mentioned within the particulars of Claim, for which I request the production of a verified and legible copy) please accept this request 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 by reason of the provisions of CPR 39.a (3.3) requires The originals of the documents contained in the trial bundle, together with copies of any other court orders should be available at the trial. Further, that any general conditions incorporated in the contract should also be attached.

2. The deed of assignment.
3. All notices of assignment.
4. The default warning letter.
5. The default notice.
5.1 Termination Notice.

6. I deny any indebtedness to the Claimant but particularly deny they are due statutory interest on the alleged amount of £793.76 and as such I request full disclosure of the amount the Claimant alleges to have paid for this alleged debt.

7. Also, I would request under Civil Procedure Rule 39 PD 39a (3.3) the originals of any documents upon which you, the claimant intends to rely, are brought to any subsequent hearing for examination

You should ensure compliance with your CPR 18 duties and ensure that the information I have requested is collated and received by me within 14 days of receiving this letter. Failure to produce the information requested will result in an Application to the Court to order the information be provided.

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, 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 faithfully



Date: 03/07/2018
"
I was led to believe that CPR18 was for claims under £10k -can send off the other CP doc no problem if still need to.

[Amethyst]

Yip Use this - Check dates