Lowell vs Me

[mike7510uk]

Yip Use this - Check dates

So by Monday 30th July my defence needs to be with the court. Cool :-)

[Amethyst]

Ughh yes, the difference between Part 18 and Part 31 is often misunderstood, it doesn't REALLY matter at this level of small claims,

Technically NEITHER 31 or 18 are right for small claims track, but as you're asking for documents it's part 31 not part 18.

Ask for the Notice of Assignment, the Agreement and Termination or Default Notice as they are mentioned in the statement of case (well except termination/default notice but wing that one)

Part 18 request would be more for asking - what date was the account terminated and was a notice of that termination provided to the debtor? What was the balance due when the account was terminated? …. questions rather than requests for documents.

Anyway, the CCA request is the important one

Anything show on your credit file?

Just for ref....

CCA 78

78 Duty to give information to debtor under running-account credit agreement.

(1)

The creditor under a regulated agreement for running-account credit, within the prescribed period after receiving a request in writing to that effect from the debtor and payment of a fee of [F1£1], shall give the debtor a copy of the executed agreement (if any) and of any other document referred to in it, together with a statement signed by or on behalf of the creditor showing, according to the information to which it is practicable for him to refer,—

(a)

the state of the account, and

(b)

the amount, if any currently payable under the agreement by the debtor to the creditor, and

(c)

the amounts and due dates of any payments which, if the debtor does not draw further on the account, will later become payable under the agreement by the debtor to the creditor.

[F2(1A)

Where a request under subsection (1) also amounts to a request under regulation 49 of the Payment Services Regulations 2017 (information during period of contract), subsection (1) applies as if the words “and payment of a fee of £1” were omitted.]

(2)

If the creditor possesses insufficient information to enable him to ascertain the amounts and dates mentioned in subsection (1)(c), he shall be taken to comply with that paragraph if his statement under subsection (1) gives the basis on which, under the regulated agreement, they would fall to be ascertained.

(3)

Subsection (1) does not apply to—

(a)

an agreement under which no sum is, or will or may become, payable by the debtor, or

(b)

a request made less than one month after a previous request under that subsection relating to the same agreement was complied with.

(4)

Where running-account credit is provided under a regulated agreement, the creditor shall give the debtor statements in the prescribed form, and with the prescribed contents—

(a)

showing according to the information to which it is practicable for him to refer, the state of the account at regular intervals of not more than twelve months, and

(b)

where the agreement provides, in relation to specified periods, for the making of payments by the debtor, or the charging against him of interest or any other sum, showing according to the information to which it is practicable for him to refer the state of the account at the end of each of those periods during which there is any movement in the account.

[F3(4A)

Regulations may require a statement under subsection (4) to contain also information in the prescribed terms about the consequences of the debtor—

(a)

failing to make payments as required by the agreement; or

(b)

only making payments of a prescribed description in prescribed circumstances.]

(5)

A statement under subsection (4) shall be given within the prescribed period after the end of the period to which the statement relates.

(6)

If the creditor under an agreement fails to comply with subsection (1)—

(a)

he is not entitled, while the default continues, to enforce the agreement;F4. . .

(b)

F4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7)

This section does not apply to a non-commercial agreement, and subsections [F5(4) to (5)] do not apply to a small agreement.

And Part 18 and 31's application to small claims

Extent to which other Parts apply

27.2

(1) The following Parts of these Rules do not apply to small claims –

(a) Part 25 (interim remedies) except as it relates to interim injunctions^(GL);

(b) Part 31 (disclosure and inspection);

(c) Part 32 (evidence) except rule 32.1 (power of court to control evidence);

(d) Part 33 (miscellaneous rules about evidence);

(e) Part 35 (experts and assessors) except rules 35.1 (duty to restrict expert evidence), 35.3 (experts – overriding duty to the court), 35.7 (court’s power to direct that evidence is to be given by single joint expert) and 35.8 (instructions to a single joint expert);

(f) Subject to paragraph (3), Part 18 (further information); (para 3 is by order of the court )

(g) Part 36 (offers to settle); and

(h) Part 39 (hearings) except rule 39.2 (general rule– hearing to be in public).

(2) The other Parts of these Rules apply to small claims except to the extent that a rule limits such application.

(3) The court of its own initiative may order a party to provide further information if it considers it appropriate to do so.

[mike7510uk]

Ughh yes, the difference between Part 18 and Part 31 is often misunderstood, it doesn't REALLY matter at this level of small claims,

Technically NEITHER 31 or 18 are right for small claims track, but as you're asking for documents it's part 31 not part 18.

Ask for the Notice of Assignment, the Agreement and Termination or Default Notice as they are mentioned in the statement of case (well except termination/default notice but wing that one)

Part 18 request would be more for asking - what date was the account terminated and was a notice of that termination provided to the debtor? What was the balance due when the account was terminated? …. questions rather than requests for documents.

Anyway, the CCA request is the important one

Anything show on your credit file?

Just for ref....

CCA 78


And Part 18 and 31's application to small claims
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Excellent, thank you. Will send these off now.

[mike7510uk]

OK, so have had a response to the .31 letter
Have attached the 3 letters sent.

What do I do now? They still haven't provided me with the info around how much they paid etc...

[mike7510uk]

Can anyone help with the above?

[mike7510uk]

I'm guessing that I need to start working on the defence but don't know what I need to put in it. Any help? (See Lowells response in post above)
Thanks

[MIKE770]

Example Defence

[mike7510uk]

Example Defence

Thanks Mike, In the letter from Lowell they state that the Deed of Assignment will not be sent etc etc, is this right? Can I request it?

[MIKE770]

later on down the line, you can but not now, all you need now is documents listed on the court claim, CPR31.14 sent> to solicitors and any agreement request from the owners ?? sure others will advise also

[MIKE770]

Amethyst

[mike7510uk]

later on down the line, you can but not now, all you need now is documents listed on the court claim, CPR31.14 sent> to solicitors and any agreement request from the owners ?? sure others will advise also

Yep sent the CPR off and the letter with the £1 postal order, the replies from Lowell are attached in the post above where they say they won't be sending the deed.
Now putting together the defence but unsure what to leave out / include from the template

[mike7510uk]

Do I send the defence to the court or the claimant solicitor (or both) ?

[MIKE770]

Service of copy of defence

15.6 A copy of the defence must be served on every other party.


do not send it too early, send it to claimant 1st class day or so before Recorded delivery, stops them thrashing your defence before deadline for submission

[mike7510uk]

Service of copy of defence

15.6 A copy of the defence must be served on every other party.


do not send it too early, send it to claimant 1st class day or so before Recorded delivery, stops them thrashing your defence before deadline for submission

Thanks
OK, so mine is due on Monday 30th so i'll post it Friday

[mike7510uk]

Ok so update, have since had a rwply from Lowell with a screenshot of a crm system to prove tbe default and a dodgy looking letter supposedly passing for assignment.
just filled in court doc for mediation and where hearing to take place.
Given they still haven't provided what was asked for on cpr doc how long do I wait before applying for unless order?