What do I do?

[UpsyDaisy]

Re: What do I do?

Thank you Kafka. I would say that I was confused with what I said that I sent them. It was obviously another company I sent a letter to. This means I will have to apply to have the entered 'defence' removed and a new one stating that the matter is SB entered. At first glance it all looks good but I really must slow down. Paperwork is not my forte and I'm dreading filling in the EX160A which I have lumbered myself with.

I would advise anyone who like me has no experience with MCOL to stay well away from a computer until they have read and understood the claim.:tinysmile_cry_t:

[Kafka]

Re: What do I do?

If the formal CCA and CPR requests haven't been sent with regard to this account and this owner, then they need to go urgently so that we have a response (or non response) that can also be built into the revised defence.

It's still not clear what your original defence stated as you haven't provided that, but if it didn't mention being statute barred than it will need to be amended anyway. It makes sense to look at the contractual issues as well when that is done, but the requests must be sent. In practice, Lowell almost never supply the requested documentation, but you can't state that in the defence unless you have proof of sending the formal requests.

[Kati]

Re: What do I do?

Wrongly entered on MCOL form:-

Despite repeated requests from no end of debt collectors I have
received no paperwork whatsoever to support this alleged debt.
There is also nothing whatsoever on my credit record(s) to show
that any debts are owed.

If the claimant issues ALL of the paperwork that has been
requested then I will look at the matter but I don't think that I
have any unaccounted for debts.

I believe this was what you put as your 'defence' wasn't it [MENTION=54687]UpsyDaisy[/MENTION]??

[UpsyDaisy]

Re: What do I do?

Yes that is what I put Kati. It is fairly obviously incomplete/wrong so I will have to enter the N244 to amend the defence once I have the CPR31.14 paperwork back (if Lowells send it). Are you saying that if the CR31.14 reuqest is not met then it is game over for Lowells Kafka? I sent them off this morning (Monday) by signed for delivery. Is the CCA request different? I didn't send anything off for that. I used a template that I found as per below:-

27 October 2014

My ref:- lowells/xxxx

Dear Sirs,

Claim Number: XXXXXXXX

Request for documents mentioned in a statement of case under CPR 31.14

On 25 October 2014 I received a County Court claim from yourselves of which I have acknowledged receipt indicating my intention to defend in full.

To enable me to file my defence and/or counterclaim, I require inspection of documents you mention in your statement of case ahead of filing my defence.

1. Agreement / Contact

2. Default Notice

3. Assignment

4. Formal Demand

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.

You should note that this claim has not yet been allocated to a specific track and the provisions of CPR 27(2) are of no effect.

You should ensure compliance with your CPR 31 duties and ensure that the document(s) I have requested are copied to and received by me within 7 days of receiving this letter.

If you require more time in which to comply with this request you must tell me in writing and confirm your agreement to an extension of the time allowed for me to file my defense as allowed under CPR 15.5 so I may notify the court.

I look forward to hearing from you.

Yours sincerely

[Kafka]

Re: What do I do?

The CPR request goes to the solicitor and the CCA one to the owner

[UpsyDaisy]

Re: What do I do?

The CPR request goes to the solicitor and the CCA one to the owner

Capital One?

[Kati]

Re: What do I do?

Are you saying that if the CR31.14 reuqest is not met then it is game over for Lowells

If they don't supply the paperwork, they cannot really prove you owe

I sent them off this morning (Monday) by signed for delivery. Is the CCA request different? I didn't send anything off for that. I used a template that I found as per below:-

27 October 2014

My ref:- lowells/xxxx

Dear Sirs,

Claim Number: XXXXXXXX

Request for documents mentioned in a statement of case under CPR 31.14

On 25 October 2014 I received a County Court claim from yourselves of which I have acknowledged receipt indicating my intention to defend in full.

To enable me to file my defence and/or counterclaim, I require inspection of documents you mention in your statement of case ahead of filing my defence.

1. Agreement / Contact

2. Default Notice

3. Assignment

4. Formal Demand

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.

You should note that this claim has not yet been allocated to a specific track and the provisions of CPR 27(2) are of no effect.

You should ensure compliance with your CPR 31 duties and ensure that the document(s) I have requested are copied to and received by me within 7 days of receiving this letter.

If you require more time in which to comply with this request you must tell me in writing and confirm your agreement to an extension of the time allowed for me to file my defense as allowed under CPR 15.5 so I may notify the court.

I look forward to hearing from you.

Yours sincerely

A CCA REQUEST is asking for a copy of your regulated agreement under sections 77-79 of the Consumer Credit Act 1974 and is sent to the creditor (Lowells).
Eg:

Your name
Your address
Your address
Your Postcode

DATE

Creditor Name
Creditor Address
Creditor Address
Creditor Postcode



Dear Sir/Madam

Re:− Account Number xxxxxxxxxxxxxxxxxx

With reference to the above agreement, we would be grateful if you would send us a copy of this credit agreement.

We understand that under the Consumer Credit Act 1974 (Sections 77−79), we are entitled to receive a legible copy of our credit agreement on request. We enclose a payment of £1.00 which represents the fee payable under the Consumer Credit Act.

We understand a copy of our credit agreement should be supplied within 12 working days.

We look forward to hearing from you.

Yours faithfully

K x

[Kafka]

Re: What do I do?

Capital One?

Lowell are the owners who are bringing the court action. It doesn't concern Capital One any longer.

[UpsyDaisy]

Re: What do I do?

Ah right. In that case yes I have asked all the correct people.

[UpsyDaisy]

Re: What do I do?

Hi again,
I have just received this from Bryan Carter which seems to be to say that they want me to pay them with no proof whatsoever of if I owe anything. What do I do now? I am pretty sure that the matter is statute barred but without any paperwork this will be hard for me to prove. Can I rely on my reasoning that no lender is going to sell on a claim that has missed just two payments so the matter MUST be SB?

Note that this is their response to the faulty defense entered as above and that I have not as yet amended my defense to claim SB.



jpg images

[UpsyDaisy]

Re: What do I do?

Having read it this doesn't seem to mean that Bryan Carter can refuse my CPR 31.14 request for copies of the documents but it certainly seems to have been twisted to be read as that. Is this correct?

[Amethyst]

Re: What do I do?

Indeed.


Your name
Your address
Your postcode

Date

Claimants name
Claimants address
Claimants postcode


Dear Sirs,

Claim No: xxxxxxx
Claimant v Defendant

Request for documents mentioned in a statement of case under CPR 31.14

Thank you for your response to my request for disclosure of documents mentioned in your statement of case under CPR 31.14.

With regards to your assertion that ''we confirm this matter will most properly be allocated to the small claim track as this is a simple contractual matter and part 31 of the civil procedure rules will therefore not apply.'' I am afraid I must disagree, the case has not been allocated to a track for determination and 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.

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.

I look forward to hearing from you within the next 7 days.

Yours sincerely

Your Name

[UpsyDaisy]

Re: What do I do?

Magic! Thank you very much. Do I need to send a copy to the small claims court or anyone else?

[Amethyst]

Re: What do I do?

No, just Bryan Carter xx

Actually you will need to amend it as that's before you enter a defence. Hang on.

Ok amended accordingly.

[ostell]

Re: What do I do?

I believe that if you are claiming statute barred (and it looks as though it is) then it is not up to you to show it is statute barred, it is up to them to show that it is not.