** WON ** Please Help!!!! Lowell / Lloyds court claim - DISCONTINUED

[jse85883]

Re: Please Help!!!! Lowell / Lloyds

Here's the next steps if you want to apply to the court to force them to comply with the CPR request http://www.legalbeagles.info/forums/...ic-information (post 3 onwards for the application)

Or you can enter a defence saying pretty much the same thing.

Post anything up and ask any questions and we'll help you with it.

Amethyst thanks you.

I have posted the second request for the information letter today via FedEx, obviously that letter gives the 7 days to respond but I only have till 6 Feb to put in a defense!!
Hopefully I will receive a response from them similar to the first response and can put my order in on time!

what would you do in this situation?

Thanks
J

[Amethyst]

Re: Please Help!!!! Lowell / Lloyds

I'd probably have amended the date so it gave the deadline before the defence was due in

But regardless start working on your defence or application, we have 8 days? (February confuses me every year)

I do think as you aren't sure what the debt is then an application for an unless order would be a good idea.

You can find the information for doing that in the guide http://www.legalbeagles.info/forums/...ic-information But post anything up before you send so we can check stuff first and help strengthen it if necessary.

[jse85883]

Re: Please Help!!!! Lowell / Lloyds

Thanks Amethyst,

Thought I'd send the letter anyway as I noticed on section 6 it says about trying a second time to request docs.

When would you advise I start the application for the order?

Thanks
J

[Amethyst]

Re: Please Help!!!! Lowell / Lloyds

Soon as you like, always better to have it ready ahead of time than rush it in the last few hours before it needs to be to the court, then the court shuts early etc.

Just shout if anything isn't clear in the guide, I only wrote it a couple weeks ago as we were seeing so many people needing to use the CPR in this way.

[jse85883]

Re: Please Help!!!! Lowell / Lloyds

Ok will do, when it comes to the section where it says about further contact what should I put in there?
Do I send it to Northampton?
Who and how do I pay the £45 charge?

Thank you
J

[Amethyst]

Re: Please Help!!!! Lowell / Lloyds

£45 is without a hearing so make sure you tick the without a hearing box. You'd send it to the same place you'd send your defence to - so Northampton where you received your claim from.

Further contact put the chase up letter sent on XXXXX date. Can't go any further than that but see if they respond in the next few days then we can add to it if need be.

Make sure you include the letter you got FROM BC as an exhibit

[jse85883]

Re: Please Help!!!! Lowell / Lloyds

Ok thank you so much again!

I will prepare everything and wait a few days for there response.

Will keep you posted

J

[jse85883]

Re: Please Help!!!! Lowell / Lloyds

Hi Amethist,

A question because in my CPR request letter I put I require this documentation:

1.The agreement/overdraft facility confirmation and Terms and Conditions from that date. 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 Demand/Termination Notice (Notice served under Sections 76(1) and 98(1) of the CCA1974.
3.Notices of Sums in Arrears under running account credit CCA2006 sec 86C.
4.4. Notice of Assignment.


Do I need to adjust your forms that you have generated?

[Amethyst]

Yes indeed xx

1.The agreement/overdraft facility confirmation and Terms and Conditions from that date.
2.The Demand/Termination Notice
3.Notices of Sums in Arrears
4. Notice of Assignment.

Although I haven't seen your particulars of claim so don't know if this was all mentioned in it, presumably it was as you put it in your CPR request letter.

[jse85883]

Re: Please Help!!!! Lowell / Lloyds

Good morning,

Ok it's now the 4th of Feb and I've had no response from Carter!! I need to submit a defence by 6th Feb!!

1, Do I now send the documentation to Northampton court for the order?
2, If so do I also need to submit a defence?
3, If I just put in for and order to produce does that mean the defence date is pushed back and how would I get confirmation of this?

Hope I can get a speedy answer as usual today (feeling the time pressure!)

Thanks so much

J

[Streetwise]

Re: Please Help!!!! Lowell / Lloyds

Good morning,

Ok it's now the 4th of Feb and I've had no response from Carter!! I need to submit a defence by 6th Feb!!

1, Do I now send the documentation to Northampton court for the order?
2, If so do I also need to submit a defence?
3, If I just put in for and order to produce does that mean the defence date is pushed back and how would I get confirmation of this?

Hope I can get a speedy answer as usual today (feeling the time pressure!)

Thanks so much

J

Sorry I think you got your dates wrong,or i hope as you will be to late.

1) Yes
2) No
3) Yes,the court should then make an order for Carter to reply, the court will notify you what's happening.

I take your applying for an unless order that is what my answers are based on.

[jse85883]

Re: Please Help!!!! Lowell / Lloyds

Sorry I think you got your dates wrong,or i hope as you will be to late.

1) Yes
2) No
3) Yes,the court should then make an order for Carter to reply, the court will notify you what's happening.

I take your applying for an unless order that is what my answers are based on.

Sorry your absolutely right my dates are in fact March not Feb!!!

Does the payment go to the court at the time of request and who is it made payable too?

thanks

J

[Streetwise]

Re: Please Help!!!! Lowell / Lloyds

Sorry your absolutely right my dates are in fact March not Feb!!!

Does the payment go to the court at the time of request and who is it made payable too?

thanks

J

Yes,used to be H.M.court service but this may have changed,better to phone the court and ask them,regards Streetwise.

[jse85883]

Re: Please Help!!!! Lowell / Lloyds

Ok thank you Streetwise,

I've just spoken to the Northampton bulk centre and they have confirmed my defence isn't actually due till 12th March!! so I have a bit more time.

One thing she did say is that if I was applying for an order I would still have to make sure I put in a defence by that date! is this correct??

Thanks

J

[Streetwise]

Re: Please Help!!!! Lowell / Lloyds

Ok thank you Streetwise,

I've just spoken to the Northampton bulk centre and they have confirmed my defence isn't actually due till 12th March!! so I have a bit more time.

One thing she did say is that if I was applying for an order I would still have to make sure I put in a defence by that date! is this correct??

Thanks

J

If it was me and I mean me,I would apply for an unless order NOW TODAY,and if they don't comply by the 10th of March,I would submit my defence on the grounds that they have not complied with the order.Somebody else might have a better take on it.Streetwise