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Lowell Portfolio I LTD v Peteroc2001

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  • Lowell Portfolio I LTD v Peteroc2001

    Looking for help please, I have spent a bit of time reading through other posts and hope I am following the rules.

    I received a letter of Claim from Lowell Solicitors on 23/6/16. Will try and attach a copy with certain info blanked.

    I responded on 6-7/16 asking for the following documentation, (letter to be uploaded)

    The original Lloyds Current Account contract;The Default Notice;
    The Notice of Assignment to your clients;
    Statements of account;

    On 13/7/16 I received a response (uploaded).
    I did not receive any of the paprwork/doccuments requested

    Should I have done something in between 17/7/16 and now? On 11/8/16 received a Claim form from County Court Business Centre (Northampton).

    What next steps and options do I have/process can/should I follow.

    Thanks in advance
    Last edited by Peteroc2001; 12th August 2016, 10:42:AM.
    Tags: None

  • #2
    Re: Lowell Portfolio I LTD v Peteroc2001

    Please see following attachments

    Thanks

    - - - Updated - - -

    My repsonse on 6/7/16 is a below

    Your reference: ........

    Dear Sirs

    Re: Account number ..............


    Thank you for your letter dated 23 June 2016, the contents of which have beennoted. As you have headed it Letter of Claim, I would like to refer you toparagraph 3 of the Practice Direction Pre-Action Conduct, which states: “beforecommencing proceedings, the court will expect the parties to have exchangedsufficient information to (a) understand each other’s position; (b) makedecisions about how to proceed;”

    Paragraph 6 of the PD states “the parties should exchange correspondence andinformation to comply with the objectives“ and Paragraph 6(c) refers to “theparties disclosing key documents relevant to the issues in dispute.” My requestrefers to the documents I require to obtain the necessary information to assessmy position in this case.
    I require copies of the following:

    The original Lloyds Current Account contract;
    The Default Notice;
    The Notice of Assignment to your clients;
    Statements of account;

    These documents would be expected to be supplied if proceedings were issued andwould likely be in your possession if you were issuing a claim. If you considerthat there is difficulty in providing a copy of a document, please identifythat document and the reason.

    In accordance with the PD, I shall being able to provide you with a fullresponse to your letter within 14 days of receipt of the documents listed aboveand also reserve the right to refer to the contents of this letter ifproceedings are issued without first providing copy documents to me.

    Yours faithfully,



    ...


    Attached Files

    Comment


    • #3
      Re: Lowell Portfolio I LTD v Peteroc2001

      I have sent the CPR 31.4, but as it is for an overdraft I have read elsewhere that it is very hard to defend.
      To avoid a CCJ, if somehow I can come to an agreement with Lowell direct and get them to put this inwriting to the court?

      Advice/help pleasse

      Comment

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