DISCONTINUED Winder82 v Lowell

**winder82** · 8th July 2015, 10:13:AM

Re: County Court Claim Form received Lowell - co-operative bank

Its Brian Carter solicitors

The amount is £1900.

The bank sent the cheques back and at the time I challenged this but the bank did not listen and I have since had no contact with the bank.

They don't mention any documents in the claim. Just basically say I owe the money to Lowells on behalf of the co-op bank.

**winder82** · 8th July 2015, 15:12:PM

Re: County Court Claim Form received Lowell - co-operative bank

It is Bryan Carter solicitor
Claiment Lowell portfolio ltd

The claimants claim Is for the sum of 1602.81, being monies did from the defendant to the claimant under an agreement regulated by the consumer credit act 1974 between the defendant and co-operative bank and assigned to the claiment on 08/01/13, notice of which has been given to the defendant. The defendant failed to maintain contractual repayment under the terms of the agreement and a default notice has been served which had not been complied with

Please help thanks

- - - Updated - - -

bank
It is Bryan Carter solicitor
Claiment Lowell portfolio ltd

The claimants claim Is for the sum of 1602.81, being monies did from the defendant to the claimant under an agreement regulated by the consumer credit act 1974 between the defendant and co-operative bank and assigned to the claiment on 08/01/13, notice of which has been given to the defendant. The defendant failed to maintain contractual repayment under the terms of the agreement and a default notice has been served which had not been complied with

Please help thanks

**winder82** · 8th July 2015, 19:58:PM

Winder82 v Lowell

Hi

Can you help me - where do I find these templates so I can also follow this advice - Thanks

A CCA request to Lowell for the agreement allegedly relating to this debt, there is a £1 statutory fee payable for this, use a cheque or postal order for this, endorse it " For Statutory Fee Only" keep a photo copy. Lowell has 12 + 2 Working Cays to comply.

Next:
A request to Carter made under Civil Procedure Rule 31.14 for all the documents mentioned in the particulars of claim in this case,

The agreement, the Notice of Assignment, and the default notice, there is no fee for the time scale is 7 days.

There are templates for both requests in the forum library.

**winder82** · 8th July 2015, 20:43:PM

Re: ReceivedCounty Court Claim from Bryan Carter Solicitors LLP

Thanks for that's brill.

Do I send a £1 postal order with both letters?

Does the cca go to lowells and the cpr go to the solicitor.

Can you advise what I write in the defence on the claims form?

Thanks

**winder82** · 16th July 2015, 12:32:PM

Re: ReceivedCounty Court Claim from Bryan Carter Solicitors LLP

I've had a reply just from Bryan Carter solicitor.

We write further to your letter, requesting disclose under part 31 of the civil procedure rules.

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 civil procedure rules will therefore not apply. In any event the notices of default and assignment left the control of the claiment 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 regards we ask you to refer to your own records.

We confirm our client is not agreeable to an extension for filing the defence

As you will be aware of a claim was issued in this matter on 19 June 15

We are in receipt of your acknowledgemt of service and of your intention to file a defence.

We recommend you seek independent legal advice

please help - what do I do now? Thanks

**winder82** · 16th July 2015, 13:02:PM

Re: ReceivedCounty Court Claim from Bryan Carter Solicitors LLP

Due to being away when the claim was sent I only have until Tuesday to respond to the claim

Please advise what I should do next

Thanks

**winder82** · 17th July 2015, 10:54:AM

Re: ReceivedCounty Court Claim from Bryan Carter Solicitors LLP

What usually happens once ive filed my defence?

Thanks

**winder82** · 17th July 2015, 11:10:AM

Re: ReceivedCounty Court Claim from Bryan Carter Solicitors LLP

Does it usually go to small claims after you file defence

**winder82** · 17th July 2015, 11:12:AM

Re: ReceivedCounty Court Claim from Bryan Carter Solicitors LLP

Thank you

**winder82** · 18th August 2015, 17:18:PM

Re: ReceivedCounty Court Claim from Bryan Carter Solicitors LLP

Ive had exactly the same letters. The 28 days when does this start from and does it include weekends? Thanks

**winder82** · 18th August 2015, 17:42:PM

Re: ReceivedCounty Court Claim from Bryan Carter Solicitors LLP

Does the 28 days include weekends? The court sent me a letter dated on 22nd July saying they received my defence

**winder82** · 18th August 2015, 17:54:PM

Re: ReceivedCounty Court Claim from Bryan Carter Solicitors LLP

So today is 28 days and I haven't had a letter from the court? Will it be left now?

**winder82** · 25th August 2015, 21:06:PM

Re: ReceivedCounty Court Claim from Bryan Carter Solicitors LLP

I have received a notice of proposal allocation to the small claims track.
It says this is now a defended claim.
It appears this case is suitable for allocation to the small claims track.
If you believe that this track is not the appropriate track for the claim, you must complete c1 on the small claims direction questionnaire (form n180) and explain why.
You must by 7 September 2015 complete the small claims directions questionnaire (form n180) and file it with the court office
The county court business centre Northampton
And serve copies on all other parties

Please can you advise, thanks

**winder82** · 26th August 2015, 07:51:AM

Re: ReceivedCounty Court Claim from Bryan Carter Solicitors LLP

If I tick mediation is it not likely they will accept this? What happens if it they do want mediation?

DISCONTINUED Winder82 v Lowell