Hello and Please Help? Claim Form received For SB Debt

[Amethyst]

Re: Hello and Please Help? Claim Form received For SB Debt

Just to BW Legal as they are who you spoke with and who deal with the legal stuff for their client, so they will pass on the documentation request (or not as the case may be) to the claimant.

[RickandNat]

Re: Hello and Please Help? Claim Form received For SB Debt

Just to BW Legal as they are who you spoke with and who deal with the legal stuff for their client, so they will pass on the documentation request (or not as the case may be) to the claimant.

That's brilliant, less stamps to buy!

Watch this space for the next installemt...

Thanks

Rick

[Kati]

Re: Hello and Please Help? Claim Form received For SB Debt

That's brilliant, less stamps to buy!

Make sure you send all letters by registered/signed for post - it costs less than £2 and will give you proof of posting and proof they got it too :tinysmile_twink_t2:

[RickandNat]

Re: Hello and Please Help? Claim Form received For SB Debt

I was thinking a bit more 'natural' rather than templated so you combine it all in the one letter - your statute barred letter is a little bit wayward because they have already bought a court claim against you, and they are already pursuing you for the debt through court, so really your letter is to ask for information and tell them you will be defending on stat barred issues to ensourage them to find the documents. You can attach a formal CPR 31.14 request to the letter as per the CPR template letter.

(sorry if I'm being a pain)

something like;



Dear xxxxxx

CLAIM XXXXXX - Lowell v YOUR NAME

Thank you for discussing the claim (ref xxxxxxx) with me on the telephone on Thursday. To confirm I requested you supply me with documents as I do not recognise the details of the debt as given on your claim form. We discussed the original agreement, any statements of the account and how the balance had been calculated, default notice and notice of assignment.

I understand I can request these from you under the Civil Procedure Rules 31.14 as your statement of case mentions the agreement and notice of assignment on which you are basing the claim. To that end I have attached a formal request for those documents.

On further research into what the claim may be for I have discovered I may have had an account with Telefonica, however it does appear that if there is any debt with them, which is denied, it would be statute barred by virtue of the Limitations Act section 5, as it has been well over six years since I have had any contact with the company or any DCA engaged by them.

I look forward to receiving the relevant information from you so I can assess my position regarding the claim prior to filing my defence on XXXX DATE DEFENCE IS DUE XXXXX.

Kind regards


XXXXXXX


encls.

Ok, here goes my second attempt...

CLAIM XXXXXX – [claimant] v [me]

Dear xxxxx,

Further to my telephone conversation on Friday, 12^th September 2014, I would like to thank you for discussing the claim that has been filed by your client Lowell Portfolio 1 Ltd.

To confirm, I updated you with my contact details and requested you supply me with documents as I do not recognise the details of the debt as given on your claim form.

In hindsight, I didn’t specify which documents I would like to receive, but would appreciate full disclosure including the original agreement, any statements of the account and how the balance had been calculated, also default notice and notice of assignment.

I understand I can request these from you under the Civil Procedure Rules 31.14 as your statement of case mentions the agreement and notice of assignment on which you are basing the claim. To that end I have attached a formal request for those documents.

Having carried out further research into what the claim may be for, I have discovered I may have had an account with Telefonica, however it does appear that if there is any debt with them, which is denied, it would be statute barred by virtue of the s5 Limitations Act 1980, as it has been well over six years since I have had any contact with the company or any debt collection agency engaged by them.

I look forward to receiving the relevant information from you so I can assess my position regarding the claim prior to filing my defence on the10^th October 2014.

Kind regards,

RickandNat

encls.

-------------------------------------------------------------------------------------

I hope you don't mind me using your suggested format, of which I have tried to personlise and follow on naturally from the telephone call etc.

Do we need to send any payment for admin fee's or statutory payments?

Many thanks,

Rick

[Kati]

Re: Hello and Please Help? Claim Form received For SB Debt

Hi Rick :tinysmile_grin_t:

I'm just posting a link for you to have a read through (all about CPR 31.14 etc...) http://legalbeagles.info/cpr-31-14-r...c-information/

it should give you all the details you need

Kati x

[RickandNat]

Re: Hello and Please Help? Claim Form received For SB Debt

Hi Rick :tinysmile_grin_t:

I'm just posting a link for you to have a read through (all about CPR 31.14 etc...) http://legalbeagles.info/cpr-31-14-r...c-information/

it should give you all the details you need

Kati x

:tinysmile_grin_t: What a great resource!!! It's really detailed the process. Thanks

[Amethyst]

Re: Hello and Please Help? Claim Form received For SB Debt

Excellent - thats better and of course I don't mind, - t'is why I wrote it No there's no payments required in this case.

Ok, here goes my second attempt...

CLAIM XXXXXX – [claimant] v [me]

Dear xxxxx,

Further to my telephone conversation on Friday, 12^th September 2014, I would like to thank you for discussing the claim that has been filed by your client Lowell Portfolio 1 Ltd.

To confirm, I updated you with my contact details and requested you supply me with documents as I do not recognise the details of the debt as given on your claim form.

In hindsight, I didn’t specify which documents I would like to receive, but would appreciate full disclosure including the original agreement, any statements of the account and how the balance had been calculated, also default notice and notice of assignment.

I understand I can request these from you under the Civil Procedure Rules 31.14 as your statement of case mentions the agreement and notice of assignment on which you are basing the claim. To that end I have attached a formal request for those documents.

Having carried out further research into what the claim may be for, I have discovered I may have had an account with Telefonica, however it does appear that if there is any debt with them, which is denied, it would be statute barred by virtue of the s5 Limitations Act 1980, as it has been well over six years since I have had any contact with the company or any debt collection agency engaged by them.

I look forward to receiving the relevant information from you so I can assess my position regarding the claim prior to filing my defence on the10^th October 2014.

Kind regards,

RickandNat

encls.

-------------------------------------------------------------------------------------

I hope you don't mind me using your suggested format, of which I have tried to personlise and follow on naturally from the telephone call etc.

Do we need to send any payment for admin fee's or statutory payments?

Many thanks,

Rick

[RickandNat]

Re: Hello and Please Help? Claim Form received For SB Debt

Excellent - thats better and of course I don't mind, - t'is why I wrote it No there's no payments required in this case.

That's awesome, thank you! I'm just drafting the CPR (using the link above) and will head to the post office 1st thing Monday.

How long should I give them to respond, 14 days? Thanks, Rick

[Amethyst]

Re: Hello and Please Help? Claim Form received For SB Debt

You've put the acknowledgement in so yes 14 days is fine. (It is unlikely they will just send you the documents and roll over on the Stat Barred issue - just in case you are expecting miracles - if Lowell past history is anything to go by they'll uncover some random £3.48, £10.77 type payments made in 2009 or so which you really won't remember - don';t worry if they do just come post anything up you get from them and we'll help)

[RickandNat]

Re: Hello and Please Help? Claim Form received For SB Debt

You've put the acknowledgement in so yes 14 days is fine. (It is unlikely they will just send you the documents and roll over on the Stat Barred issue - just in case you are expecting miracles - if Lowell past history is anything to go by they'll uncover some random £3.48, £10.77 type payments made in 2009 or so which you really won't remember - don';t worry if they do just come post anything up you get from them and we'll help)

Fingers crossed!! But I'm prepared for the long haul and will definitely come back to update you all when I have news.

Many thanks,

Rick

[Kati]

Re: Hello and Please Help? Claim Form received For SB Debt

Fingers crossed!! But I'm prepared for the long haul and will definitely come back to update you all when I have news.

Many thanks,

Rick

I've got my fingers crossed for you too

Kati x

[RickandNat]

Re: Hello and Please Help? Claim Form received For SB Debt

I've got my fingers crossed for you too

Kati x

Thanks

[RickandNat]

Re: Hello and Please Help? Claim Form received For SB Debt

Hello,

Just a quick update.

Ive not received any documents and chased them up but nothing received.

My my defence is due on the 10th October. What do I do??

can I apply for it to be struck out??

thanks

rick