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Hi and thank you for spending you free time to look at this post aswell as possibly giving me some much needed advise!
To start I would like to say I have spent about a week going threw the forums before making a thread so please don't think for a second I'm just being lazy.
The Story:
I received a county court claim form from Lowell / Bryan Carter on the 15/10/2015 with the issue date of 14/10/2015 later that night I went online and acknowledged the intended claim. I have not entered a defence as of yet.
Now where I require some help is as following I have used a third party company to send letters for me in which Lowell get a copy, bryan gets a copy and I send myself a copy.
I have sent off today a cpr and a caa letter and they are as of following:
Leham
Line 1
Line 2
Line 3
24/10/2015
Lowell Portfolio I Ltd
Ellington house
9 Savannah house
ls10 1ab
To whom it may concern,
Claim Number: xxxxxxx
Request for documents mentioned in a statement of case under CPR 31.14
On 15/10/2015 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 defense and/or counterclaim, I require inspection of documents you mention in your statement of case ahead of filing my defense on 09/11/2015.
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
Leham
And
To whom it my concern:
Account/Ref No: Shop Direct xxxxxxx
With reference to the above agreement, I/we would be grateful if you would send me/us a copy of this credit agreement and a full breakdown of the account including any interest or charges applied.
I/we understand that under the Consumer Credit Act 1974 [sections 77-79], I am/we are entitled to receive a copy of any credit agreement and a statement of account on request.
I/we enclose a payment of £1 which represents the fee payable under the Consumer Credit Act 1974.
I/we understand a copy of any credit agreement along with a statement of account should be supplied within 12 working days.
I/we understand that under the Consumer Credit Act 1974 creditors are unable to enforce an agreement if they fail to comply with the request for a copy of the agreement and statement of account under these sections of the Act.
I/we look forward to hearing from you.
Yours faithfully
Leham
So are these the correct things to have of sent and do I just go online and enter full defense with this following statement
The Defendant denies that he is liable to the Claimant as alleged in the Particulars of Claim, or at all.
The Defendant has not entered into any agreement to receive finance and/or services and/or goods from Shop Direct, or any of it's subsidiaries, and as such has not received any finance and/or services and/or goods from Shop Direct and does know of any debt owed to Shop Direct.
The Defendant has sent the Claimant a request for documents mentioned in the statement of case under CPR 31.14, and has requested a copy of the alleged credit agreement as allowed for under the Consumer Credit Act but to date has received nothing.
The Defendant puts the Claimants to strict proof of their claim.
Thank you for any help and I hope this helps others!
To start I would like to say I have spent about a week going threw the forums before making a thread so please don't think for a second I'm just being lazy.
The Story:
I received a county court claim form from Lowell / Bryan Carter on the 15/10/2015 with the issue date of 14/10/2015 later that night I went online and acknowledged the intended claim. I have not entered a defence as of yet.
Now where I require some help is as following I have used a third party company to send letters for me in which Lowell get a copy, bryan gets a copy and I send myself a copy.
I have sent off today a cpr and a caa letter and they are as of following:
Leham
Line 1
Line 2
Line 3
24/10/2015
Lowell Portfolio I Ltd
Ellington house
9 Savannah house
ls10 1ab
To whom it may concern,
Claim Number: xxxxxxx
Request for documents mentioned in a statement of case under CPR 31.14
On 15/10/2015 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 defense and/or counterclaim, I require inspection of documents you mention in your statement of case ahead of filing my defense on 09/11/2015.
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
Leham
And
To whom it my concern:
Account/Ref No: Shop Direct xxxxxxx
With reference to the above agreement, I/we would be grateful if you would send me/us a copy of this credit agreement and a full breakdown of the account including any interest or charges applied.
I/we understand that under the Consumer Credit Act 1974 [sections 77-79], I am/we are entitled to receive a copy of any credit agreement and a statement of account on request.
I/we enclose a payment of £1 which represents the fee payable under the Consumer Credit Act 1974.
I/we understand a copy of any credit agreement along with a statement of account should be supplied within 12 working days.
I/we understand that under the Consumer Credit Act 1974 creditors are unable to enforce an agreement if they fail to comply with the request for a copy of the agreement and statement of account under these sections of the Act.
I/we look forward to hearing from you.
Yours faithfully
Leham
So are these the correct things to have of sent and do I just go online and enter full defense with this following statement
The Defendant denies that he is liable to the Claimant as alleged in the Particulars of Claim, or at all.
The Defendant has not entered into any agreement to receive finance and/or services and/or goods from Shop Direct, or any of it's subsidiaries, and as such has not received any finance and/or services and/or goods from Shop Direct and does know of any debt owed to Shop Direct.
The Defendant has sent the Claimant a request for documents mentioned in the statement of case under CPR 31.14, and has requested a copy of the alleged credit agreement as allowed for under the Consumer Credit Act but to date has received nothing.
The Defendant puts the Claimants to strict proof of their claim.
Thank you for any help and I hope this helps others!
if you want to have a go expanding your defence a bit with the CCA stuff post it up here.
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