County court papers received out of blue from lowell

[Scigal]

Re: County court papers received out of blue from lowell

Anyone have any ideas what I should do now? Thanks

[FlamingParrot]

Re: County court papers received out of blue from lowell

I logged into mcol to see if it was a genuine claim, had no joy on the phone. I don't even understand the questions on the first page

Contest Jurisdiction
You can choose to contest jurisdiction of the claim made against you.
I intend to contest jurisdiction

i would be be clicking buttons and not know what I am doing. I don't see anywhere that explains anything. I'm a medic not a lawyer, I have no idea what any of the jargon means

Have you acknowledged and ticked the box stating your intention to defend in full? Contesting jurisdiction is not applicable.

Once you acknowledge and state your intention to defend, you have a total of 28 days from the date of service to submit a defence. As you say the claim was served on the 8th, it should take you to the 6th of December

If not yours or statute barred then should be easy to sort. Hold on as Lowells are a favourite of Celestine. I'm sure she'll be along to help kick Lowells backside, but if not give her a PM.

Have you done this?

Anyone have any ideas what I should do now? Thanks

You'd normally send a CCA request and a CPR 31.14 request. The CCA request goes to Lowell with a PO for £1 and they have 14 days to respond. The CPR 31.14 request would normally go to the solicitors who issue the claim on behalf of Lowell. As you haven't posted the PoC, I can't tell who they were but they often use BW Legal. I will post the letters shortly. :typing:

[FlamingParrot]

Re: County court papers received out of blue from lowell

Once you've acknowledged, you'll need to send a CPR 31.14 request for documents mentioned on the PoC, below is such a letter, which you will have to amend to suit. They'll usually refer to an agreement of some sort, a default and, when a debt purchaser issues a claim, assignment of the debt to them, which are the documents mentioned below.

The letter should be sent recorded delivery and signed digitally using a computer font rather than your actual signature.

Dear Sirs,

Re: XXXX v YYYYY
Case No: xxxx

CPR 31.14 Request

On [DATE] 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 CPR 31.14 for the disclosure and the production of a verified and legible copy of each of the following documents mentioned in your Particulars of Claim:

1. The Agreement. Together with the relevant terms associated with that account, 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 notice of assignment.
3. The default notice, compliant with 87(1) of the Consumer Credit Act 1974.

Although your claim is for a sum which does not exceed £10,000.00 and thus in all likelihood it will be allocated to the small claims track once I deliver my defence, however as I am unable to lodge my defence at this moment, the case has not been allocated to a track for determination upon delivering a defence, as a consequence the provisions of CPR 27(2) have 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 documents 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 as a result to a modification, obliteration or othermarking, or feature, each version thus 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, and all version(s) and include an obligation to recover and preserve such version(s) that 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

[FlamingParrot]

Re: County court papers received out of blue from lowell

CCA request letter below. It should be sent recorded delivery with a PO for £1 and signed using a computer font rather than your real signature. They have 14 days to respond. :thumb:

Dear Sirs,

Account or Reference No.:

I hereby formally request a copy of my Consumer Credit Agreement, pursuant to s.77-79 of the Consumer Credit Act 1974 (CCA1974).I require you to provide me with a true copy, or reconstituted copy of the credit agreement relating to any account you deem to be mine, together with any other documentation the Act requires you to provide. I expect you to comply fully and properly with this request, within the statutory time limit (12 + 2 days).

If it is your view that you are not the creditor, s.175 of the CCA1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties. Your attention is drawn to ss.5(2), 3(b), 6 and 7 of the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR).

In line with recent OFT Guidance (issued Oct 2010) surrounding Unenforceability, I presume you're aware that the OFT has stipulated that 'sections 77-79 of the Consumer Credit Act 1974 outline the information creditors must provide to debtors under fixed-term, running account & Hire Agreements'. This simply means that under these sections a debtor can pay £1 to get:

• a copy of their agreement
• copies of some of the other documents mentioned in their agreement
• a statement of account

If this information is not provided within 12 working days the debt becomes unenforceable. This means a creditor cannot:

• make the debtor pay the debt before they're supposed to
• get a court judgment against the debtor

So, in line with the OFT Guidance, and the Consumer Credit Act, please find attached my £1 payment, which is the statutory fee - note that these funds are not to be used for any other purpose.

Yours faithfully,

[Scigal]

Re: County court papers received out of blue from lowell

Hello all, thanks Flaming Parrot,

So those two letters, I need to send them both to the solicitors (Drydens) who are working on behalf of Lowell?

Do I not add any defence to the MCOL just yet then too?

Thanks

ps I did mail Celestine last week but I havent heard from her just yet.

[charitynjw]

Re: County court papers received out of blue from lowell

If you can, check what happened to the £1 payment of April 2010.

Some unscrupulous companies use it to make a 'token' payment on the account, making it appear as if you have acknowledged the debt by paying towards it.

[FlamingParrot]

Re: County court papers received out of blue from lowell

So those two letters, I need to send them both to the solicitors (Drydens) who are working on behalf of Lowell?

The CPR request goes to Drydens who have issued the claim, the CCA request to Lowell who own the account, both by recorded delivery so you can track them. Send a copy of your CCA request to Drydens as well.

Do I not add any defence to the MCOL just yet then too?

No, not yet, that's why you are requesting the documents, to be able to prepare your defence. Presumably you acknowledged the claim? You have 14 days to acknowledge.

Once you do the AoS, you have a total of 28 days from the date of service to submit your defence. If the solicitors cannot comply with your request in a timely manner, they should agree to an extension of time. Keep an eye on the timescales.

I did mail Celestine last week but I havent heard from her just yet.

Let's see what they respond to in the meantime.:ohwell:

[FlamingParrot]

Re: County court papers received out of blue from lowell

If you can, check what happened to the £1 payment of April 2010.

Some unscrupulous companies use it to make a 'token' payment on the account, making it appear as if you have acknowledged the debt by paying towards it.

Indeed they do!:mad2:

Would it be the payment referred to below? Because it should be easy to prove that a CCA request was sent! :thumb:

I have looked on my credit expert file, there's been no searches, but it does show a Lowell company and a default in2008- no where near the amount they are asking for. I know for a fact i didnt have a cc in 2008. But I do recall writing to someone to ask for a prove it/ copy of a CCA along with the £1.

Yes the letter is still on my pc, and i did receive a letter saying it would be looked into.but i can't remember who the company was.

[Scigal]

Re: County court papers received out of blue from lowell

Indeed they do!:mad2:

Would it be the payment referred to below? Because it should be easy to prove that a CCA request was sent! :thumb:

Hi,

gosh it's been hard! Moving house and having no proper internet till now!

both letters were sent off with PO and signed for. Lowels has been signed by 'Jacob', well when I say signed more like my 3 yr old crayoned on it, and the other hasn't yet. It's taken 6 days so far.

I haven't heard anything. And I'm getting nervous because I am due into surgery next week, and it willl be during the time I am supposed to have answered the court papers. So I'm thinking I need to mount some sort of defence fairly soon. What a horrible thing to go through.

Hope everyone is well x

[FlamingParrot]

Re: County court papers received out of blue from lowell

When is your defence due? It would be 28 days from the date of service of your claim.

If you sent the CPR request around 2 weeks ago, they should have replied within 7 days so you should get on the phone to Drydens and get them to agree to an extension of the maximum 28 days allowed. Get them to put it in writing so you can notify the court before you go into surgery. :thumb:

[Scigal]

Re: County court papers received out of blue from lowell

When is your defence due? It would be 28 days from the date of service of your claim.

If you sent the CPR request around 2 weeks ago, they should have replied within 7 days so you should get on the phone to Drydens and get them to agree to an extension of the maximum 28 days allowed. Get them to put it in writing so you can notify the court before you go into surgery. :thumb:

hi,I think it's the 5th.

No joy on the phone, they seem a bit obtuse and unhelpful

i haven't received anything and I'm almost out of time. My biggest fear is that judgement will be made anyway, I'm due into surgery any day and I'm worried that I won't have a defence in time, and I don't know how to word it correctly

[Scigal]

Re: County court papers received out of blue from lowell

Looking at my credit file, it shows the debt, taken out in 2001 defaulted in 08. I know that isn't true, it was not defaulted in 08. I wrote to the in 08 the first time i requested the CCA. Then again in2010, and then again to say they hadn't sent me the CCA. There seems to be a small amount of money 'paid' about £8 perhaps they have used the postal orders? Indefinitely have no admitted or paid anything in over 6 years. They don't seem able to prove otherwise. And I can't log into mcol to issue a statute barred defence.

Oh dear me

[Scigal]

Re: County court papers received out of blue from lowell

And the postal order etc i sent to Lowell's hasn't been signed for yet. Looks like they've refused to take delivery.

[Scigal]

Re: County court papers received out of blue from lowell

And the postal order etc i sent to Lowell's hasn't been signed for yet. Looks like they've refused to take delivery.

Inthink I will have to write my defence on then papers they sent and post them. I'm going to out that I have requested a CCA etc several times over the last 5 years, and they can't provide it and that the debt is statute barred anyway. And hopefully that will be all

[FlamingParrot]

Re: County court papers received out of blue from lowell

Looking at my credit file, it shows the debt, taken out in 2001 defaulted in 08. I know that isn't true, it was not defaulted in 08. I wrote to the in 08 the first time i requested the CCA.

Your credit file is not an indicator of whether the debt is SBd or not.

Then again in2010, and then again to say they hadn't sent me the CCA. There seems to be a small amount of money 'paid' about £8 perhaps they have used the postal orders? Indefinitely have no admitted or paid anything in over 6 years. They don't seem able to prove otherwise. And I can't log into mcol to issue a statute barred defence.

Oh dear me

Why can't you log into MCOL?