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Court Claim - lowell / jd williams - 21-1-2015

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  • Court Claim - lowell / jd williams - 21-1-2015

    Received a claim? Yes
    Issue Date: 21-1-2015
    Amount approx: 1063.96
    Claimant: lowell
    Solicitor: bryan carter
    Original Credit: jd williams

    Particulars of Claim:
    this claim is for 998.51 the amount due under a agreement between the original creditor and the defendant to provide finance and / or services and / or goods

    this debt was assigned/purchased by Lowell portfolio I ltd on 27/03/2014 and notice served pursuant to the law of property act 1925


    Stat Barred? No

    Have sent: Acknowledged the Claim, Sent a CCA request, Sent a CPR 31.14 request

    Other Info:
    sent cpr and cca received a letter today from bryan carter saying
    we confirm this matter will most properly be allocated to the small claims track as this is a simple contractual matter and part 31 of the cival procedure rules will therefore not apply.
    in any event the notices of default and assignment left the control of the claimant when they were dispatched to you

    it is the original creditors policy to issue agreements at the start of the contract and statements throughout the duration of the agreement and, in this regard we ask you to refer to your own records

    we confirm our client is not agreeable to a extension for filing the defence

    as you will be aware a claim was issued in this matter on 21 January 2015 and we are in receipt of your acknowledgement of service please respond to the claim using the response pack provided by the court you should comply with the deadlines outlined by the court in order to avoid a default judgement being entered against you
    Tags: None

  • #2
    Re: Court Claim - lowell / jd williams - 21-1-2015

    any advice on what I do now as they mention the agreement and assignment etc. in the court claim but seem to be saying they will not give me them ?

    Comment


    • #3
      Re: Court Claim - lowell / jd williams - 21-1-2015

      The CPR 31.14 inevitably fails if the claim is issues via the Northampton CCBC.
      It's a "backup" really shows you are attempting to resolve.

      However the CCA Request is a statutory request and if Lowell fail to produce the agreement
      the debt is unenforceable until they can.

      nem

      Comment


      • #4
        Re: Court Claim - lowell / jd williams - 21-1-2015

        ok so if they do not produce do I just do a defence stating they have not produced it please

        Comment


        • #5
          Re: Court Claim - lowell / jd williams - 21-1-2015

          It will form part of a full defence, the unenforceability is considered temporary and should an agreement come to light the restriction ends.
          nem

          Comment

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          SHORTCUTS


          First Steps
          Check dates
          Income/Expenditure
          Acknowledge Claim
          CCA Request
          CPR 31.14 Request
          Subject Access Request Letter
          Example Defence
          Set Aside Application
          Directions Questionnaire



          If you received a court claim and would like some help and support dealing with it, please read the first steps and make a new thread in the forum with as much information as you can.





          NOTE: If you receive a court claim note these dates in your calendar ...
          Acknowledge Claim - within 14 days from Service

          Defend Claim - within 28 days from Service (IF you acknowledged in time)

          If you fail to Acknowledge the claim you may have a default judgment awarded against you, likewise, if you fail to enter your defence within 28 days from Service.




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          If your case is over £10,000 or particularly complex it may be worth a chat with a solicitor, often they will be able to help on a fixed fee or CFA (no win, no fee) basis.
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