***DISCONTINUED*** urgent re lowell and ccj

[Maxandme]

Re: please help, urgent re lowell and ccj

hi, @Kati,

thank you for replying. I feel so silly not knowing all this, but it feels like a mine field of info i dont really understand that im struggling to cope with. i am just trying to fill in the details of the cpr.31.14 form and it asks to fill in t he claimants address and name, in this case would i use lowell or bryan carter please? thanks in advance. I also dont know what to mention where it says in the paragraph "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 on xx/xx/xxxx" should i leave the date out fo it do you think? as i dont know if i have a date yet. also not sure re the particulars bit of the cpr form, it mentions, contract/aggreement, default and assignement but not formal demand, so should i remove this bit please? xx

p.s. is this the correct address to send the letter nemesis drafted re harrasment of lowell/bryan carter please?

bryan carter solicitors LLP
11, de havilland drive
weybridge, surrey
KT13 0YP

i found it on the claim form.

[nemesis45]

Re: please help, urgent re lowell and ccj

Hi, sorry to hear you have been unwell I hope you are better now? My apologies for the late reply I have to be away from the computer all day.
That is the correct address for Carter. I don't think he accepts service
of documents by e-mail.

If it's the CPR 31.14 try e-mail, it's not vital,

The cease phone contact letter again try e-mail and request an acknowledgment.

You can leave the date if you have one in the letter.

It would be better if you can follow up the e-mails asap by signed for post.

nem

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Hi, sorry to hear you have been unwell I hope you are better now? My apologies for the late reply I have to be away from the computer all day.
That is the correct address for Carter. I don't think he accepts service
of documents by e-mail.

If it's the CPR 31.14 try e-mail, it's not vital,

The cease phone contact letter again try e-mail and request an acknowledgment.

You can leave the date if you have one in the letter.

It would be better if you can follow up the e-mails asap by signed for post.

nem

[Maxandme]

Re: please help, urgent re lowell and ccj

hi [MENTION=55034]nemesis45[/MENTION]

thank you for your reply and concern, im a bit more functioning now, but i have a relapsing remitting condition so its hard to plan/stick to things when it worsens. no need to appologise, its ncie enough you help, so doesnt when you can.

thank you for clarifying those things, if i rang lowell would they give me their email address do you think? as it isnt listed on the claim form.

i was trying to fill in the cpr.31.14 form earlier and it asks to fill in the claimants address and name, in this case would i use lowell or bryan carter please?

I also dont know what to mention where it says in the paragraph "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 on xx/xx/xxxx" should i leave the date out of it do you think? as i dont know if i have a date yet.

im also not sure re the particulars bit of the cpr31.14 form, it mentions, contract/aggreement, default and assignment but not formal demand, so should i remove this bit please?

should i mention that the other account holder ius in full time employment in the letter to lowell or is it good enough to mention that we arent in contact. i just think its odd and unfair they are only chasing me.

Thank you for all your help

[nemesis45]

Re: please help, urgent re lowell and ccj

If you don't have an actual court date don't mention it, if you do get a date it show it, it puts them on notice
that you are fully aware of the process.

CPR31.14 is specifically for documents mentioned in the POC.

I'll see if I can find an e-mail address for you.

Here it is: e-mail post@lowellgroup.co.uk FAO Andrew Bartle Chief Operating Officer:

nem

[Maxandme]

Re: please help, urgent re lowell and ccj

Hi [MENTION=55034]nemesis45[/MENTION]

I dont have a court date as yet. On mcol i used my new address to register on it, but the court claim is registered at my old address. Will this make a problem with processing it? Im worried the court might send information to my old address and not my current one.

Thank you for the the email address, im going to be posting all the letters tomorrow.

Regarding the letter to lowell asking them, to close the file and disregard the debt where it says i have no contact with the other account holder" should i mention their full time employment and ask why they are just chasing me? or should i leave that bit out, and stick to what you wrote.

Thank you for all your help

[Maxandme]

Re: please help, urgent re lowell and ccj

Hi [MENTION=55034]nemesis45[/MENTION]

I dont have a court date as yet. On mcol i used my new address to register on it, but the court claim is registered at my old address. Will this make a problem with processing it? Im worried the court might send information to my old address and not my current one.

Thank you for the the email address, im going to be posting all the letters tomorrow.

Regarding the letter to lowell asking them, to close the file and disregard the debt where it says i have no contact with the other account holder" should i mention their full time employment and ask why they are just chasing me? or should i leave that bit out, and stick to what you wrote.

Thank you for all your help

[nemesis45]

Re: please help, urgent re lowell and ccj

Hi, Make it Clear that the address is wrong, Highlight the new address.

AS to the " other party" that is part of your defence.
Personally I would let Lowell know that there is another party to the alleged
debt.

Address this to Andrew Bartle COO the Lowell Group and it should get to the correct department.

nem

[Maxandme]

Re: please help, urgent re lowell and ccj

Hi [MENTION=55034]nemesis45[/MENTION],

thanks so so much for your replies and help. An update, I managed to send all the letters off, and copy sent to Lowell of the cpr31.14. Unfortunately today I have received a reply and I really don't understand it. It seems to imply I have no chance though. What do you think?

thanks

[Kati]

Re: please help, urgent re lowell and ccj

A typical BC response ... the claim has not (as yet) been allocated to any 'track' and so they still need to comply with the CPR request

[Maxandme]

Re: please help, urgent re lowell and ccj

Hi [MENTION=49370]Kati[/MENTION],

Thank you. Is there anything i need to do? I must admit they seem to do well on scaring people into thinking they are right. I got palpitations when i read the lettsr. Do you think this means they dont have any documents from the original bank?

Thanks

[Kati]

Re: please help, urgent re lowell and ccj

you could try something along these lines

You may receive a response from the claimants disputing your rights to request these documents, usually because your claim would likely be allocated to the small claims track (where, once allocated, CPR 31.14 would not apply)

You can respond to this letter reminding the claimant the claim has not yet been allocated to any track;

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.

I am unable to lodge my defence and/or counterclaim at this moment as I have no information regarding the alleged debt. If you require more time in which to comply with this request you must tell me in writing and state a date by when you will comply with this request. In addition I require 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 unwilling to comply with my request for specific disclosure please inform me and I will consider entering an application to the court to obtain such.

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

[Maxandme]

Re: please help, urgent re lowell and ccj

Hi [MENTION=49370]Kati[/MENTION],

Thats brilliant. Is it ok for me to copy that letter? Would it be the right response for my circumstances?

Thanks again ill go and do that today. It cost me £13 in postage costs as i sent by special delivery so i could see who signed for it. Is it always best to use this method, or is standard signed for ok?

Thanks

[Kati]

Re: please help, urgent re lowell and ccj

Of course you can copy the letter It should be OK just to send it recorded/signed for (no need to spend £13 on postage )

[nemesis45]

Re: please help, urgent re lowell and ccj

Great advice Kati, thank you!!:tinysmile_twink_t2:

nem

[Maxandme]

Re: please help, urgent re lowell and ccj

Hi @Kati,

Thats great thank you. I am at the library now just about to print. Hope they get the letter before the weekend. Thank you!

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Hi [MENTION=55034]nemesis45[/MENTION]

Thank you for your reply. Just at the library doing it now. Hoping they just comply!