Shimewaza Lowel Portfolio 1 Ltd court claim

[shimewaza]

Dear All

Please see below:

Form N1 Date issued by court 20 January 2014

Particulars of claim
The Claimant's claim is for the sum of £x (in excess of £2K). The defendant entered into agreements with the numerous original creditors (full particulars of which will be served upon the Defendant under separate cover) pursuant to which the Defendant agreed to pay the original creditors for services and/or facilities provided to the Defendant

The defendant has breached its contractual payment obligations pursuant to the terms of the agreements, in respect of which the original creditors have notified the defendant of the breach and made demand for payment.

The sums became payable in full following service of a default notice by the original creditors on various dates and this being unsatisfied by the defendant. Despite demand having being served upon the defendant, the defendant has failed to settle his/her outstanding liabilities.

Amount claimed net of court fee and solicitors cost about £1.9K
Court fee £75
Solicitors Cost £80
Total cost about £2.1K

Background,

I believe it relates to an old credit card balance, over 6 years old from Lloyds TSB

Contact had been made with Lloyds to settle the balance, I offered 50% but Lloyds refused about two or three years ago.

(Other Blackhorse and Lloyds loans, both unsecured were paid at the same time, 50% as full and final settlement, by a family friend on my behalf)

Received a letter from BH Legal in December 2013 informing me that debt had been assigned to their client Lowell group ltd and had 14 days to pay up, letter was dated about 10 December and had to respond by 24 December 2013. The letter arrived about 18 December.

My personal representative ( friend )called BH legal on my behalf and told them I had not received any formal notice advising me that debt had been legally assigned Lowell and to provide confirmation of this to me. BH legal said they would make contact with me.

I do not recall receiving a letter from LLoyds informing me the debt has been sold, although I have been advised it does not really matter if they did or not)

I do not have sufficient funds to settle the balance myself however my family friend could potentially settle half the balance if possible.

I have today received the N1 form stating the particulars above.

I am rather stressed and now unlikely to get much sleep.

Any advice greatly appreciated.


kind regards,


Shimewaza

P.s I am also intending to check whether Lloyds/Blackhorse mis-sold me the loans with ppi although I appreciate that is completely separate to this and cannot be used in any such defence

[mystery1]

Re: Shimewaza Lowel Portfolio 1 Ltd

The defendant entered into agreements with the numerous original creditors (full particulars of which will be served upon the Defendant under separate cover) pursuant to which the Defendant agreed to pay the original creditors for services and/or facilities provided to the Defendant

Is that verbatim ?

Go online and file acknowledgement of service.

Do a cpr 31.14 request. make sure you ask for plural agreements and default notices.

M1

[shimewaza]

Re: Shimewaza Lowel Portfolio 1 Ltd

Is that verbatim ?

M1

Hi M1, thank you for your reply.


It sure is, only text I included myself was " (in excess of £2K)"

I have double checked the £k figure they have stated and this about £higher than the original outstanding balance, and I am aware that no interest had been accruing by the original creditor.

I have no experience with CPR 31.14 request, presumably this should go to the address for sending documents detailed on the N1 form, (their legal reps BH Legal)

Is it possible that the claimant can use someone other than an oik to scrap the existing N1 Claim and create a new one using proper English? if so should I be liable for the cost of them putting the form right?

Kind regards

Shimewaza

[mystery1]

Re: Shimewaza Lowel Portfolio 1 Ltd

I have no experience with CPR 31.14 request, presumably this should go to the address for sending documents detailed on the N1 form, (their legal reps BH Legal)

Correct.

Is it possible that the claimant can use someone other than an oik to scrap the existing N1 Claim and create a new one using proper English? if so should I be liable for the cost of them putting the form right?

They change it and it won't cost you anything. Hopefully they won't as i'm hoping they won't update the POCs within the 14 days (remember service is 5 days after the date of the form) at which point you make an application to have the claim struck out.

http://www.justice.gov.uk/courts/pro...pd_part07e#5.1

Starting a claim

5.2 Detailed particulars of claim must either be –
(1) included in the online claim form but must be limited in size to not more than 1080 characters (including spaces); or
(2) served and filed by the claimant separately from the claim form in accordance with paragraph 6 but the claimant must –
(a) state that detailed particulars of claim will follow; and
(b) include a brief summary of the claim,
in the online claim form in the section headed ‘particulars of claim’.

Particulars of claim and certificate of service

6.1 Where the particulars of claim are served by the claimant separately from the claim form pursuant to paragraph 5.2(2), the claimant must –
(1) serve the particulars of claim in accordance with rule 7.4(1)(b); and
(2) file a certificate of service in form N215 at Northampton County Court within 14 days of service of the particulars of claim on the defendant.
6.2 The certificate of service may be filed at the court by sending form N215 by e-mail to mcolaos@hmcourts-service.gsi.gov.uk. However, the subject line to the e-mail must contain the claim number.
6.3 The claimant must file the particulars of claim at the court to which the proceedings are transferred under paragraph 12.1 or 12.2 within 7 days of service of the notice of transfer by the court.
6.4 Where the proceedings are not transferred under paragraph 12.1 or 12.2 and remain at Northampton County Court, the claimant is not required to file the particulars of claim at that court unless ordered to do so.



http://www.justice.gov.uk/courts/pro...les/part07#7.4

Particulars of claim

7.4
(1) Particulars of claim must –
(a) be contained in or served with the claim form; or
(b) subject to paragraph (2) be served on the defendant by the claimant within 14 days after service of the claim form.
(2) Particulars of claim must be served on the defendant no later than the latest time for serving a claim form.


M1

[shimewaza]

Re: Shimewaza Lowel Portfolio 1 Ltd

thanks, M1,

is there by any chance a suitable CPR 31.14 request template that can be found on this site, I am hoping to post the prepare a letter and post it, recorded delivery tomorrow.

[mystery1]

Re: Shimewaza Lowel Portfolio 1 Ltd

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 Agreements. Together with the relevant terms associated with those accounts.
2. The notices of assignment.
3. The default notices.

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




M1

[shimewaza]

Re: Shimewaza Lowel Portfolio 1 Ltd

Thank you M1, very much appreciated.

I am currently on MCOL and at the Acknowledgment of Service – Intention, part of the online process

It lists the following
Those fields marked with * are mandatory.

Intention
I intend to:
Defend all of this claim
Defend part of this claim

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

I intend to contest jurisdiction

Presumably I should tick the box to contest all of the claim and not tick the box contest jurisdiction?

[mystery1]

Re: Shimewaza Lowel Portfolio 1 Ltd

Why contest jurisdiction ? You're in England/Wales aren't you ?

Just defend all is fine.

M1

[shimewaza]

Re: Shimewaza Lowel Portfolio 1 Ltd

Why contest jurisdiction ? You're in England/Wales aren't you ?
M1

Yes I am in England and Wales - I thought about the question and was not going to contest (did not want to rub a judge up the wrong way by ticking it)

Just defend all is fine.
M1

Thank you will do

[mystery1]

Re: Shimewaza Lowel Portfolio 1 Ltd

Jurisdiction is for foreigners like me and my fellow Scots

M1

[shimewaza]

Re: Shimewaza Lowel Portfolio 1 Ltd

Jurisdiction is for foreigners like me and my fellow Scots

M1

- oh okay :tinysmile_twink_t2:

Thank you for your all your help

[shimewaza]

Re: Shimewaza Lowel Portfolio 1 Ltd

Update,

I posted the letter to BH legal via recorded delivery on Monday 27 January, The letter was signed for on Tuesday 28 January. Presumably the 7 days run from 28 January to 3 February 2014. I have not received any written response from BH Legal. What is the most appropriate course of action for me now?

Shimewaza

[mystery1]

Re: Shimewaza Lowel Portfolio 1 Ltd

Wait until after post tomorrow and phone them up and ask why they have not complied and when they will. Email an overview of the conversation to them as it makes for good evidence later on, if required.

Also ask when the full particulars of claim will arrive.

M1

[shimewaza]

Re: Shimewaza Lowel Portfolio 1 Ltd

Hi M1

I called them on 4 Feb Pm and spoke to someone in their legal department, their reason for non compliance is they have a backlog of post but said they would deal with it straight away. they confirmed via phone that as there is only one creditor then full particulars would not be sent under separate cover to the claim form, which I thought was odd. I requested they respond to my letter by post immediately which they confirmed they would

I have not yet received todays post, if a letter does not turn up today, when can I 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 think the 7 days notice in the CPR 31.14 request is sufficient time for them to comply

Shimewaza

[mystery1]

Re: Shimewaza Lowel Portfolio 1 Ltd

Well the question then is, How accurate are the pocs because it stands to reason if it was multiple agreements, as stated, and now it's not the value must be different. I'd contact by them phone and ask them to replead their case as clearly it does not comply with http://www.justice.gov.uk/courts/pro...es/part16#16.2 and http://www.justice.gov.uk/courts/pro...rt16/pd_part16 how can it if they say the material facts have changed ?


You can make an application any time but it is best to look as though it is the last resort as a judge would have a very hard time turning it down then.

M1