Lowell trying to fire a CCJ at me!!!

[Zaac]

Re: Lowell trying to fire a CCJ at me!!!

There's no advantage in filing a defence too soon; see what replies (if any) results from the CCA/CPR requests.

- -

Sorry to keep questioning but I just want to have a full understanding of my position here in particular with the POC.

If they DON'T respond with the request i've made or repeat to me via letter that the CCA request i've made they do not have to adhere to, would that be grounds enough to form a defence to the effect of... bugger off....

I did some reading of my own last night and it seems this is a huge huge problem a fair amount of people are having with Lowell some similar circumstances some far far worse...

If this company is actually regulated how the hell have they not been wiped out by their regulators or is it a case of some carefully worded small print! I find it fascinating!

[MIKE770]

Re: Lowell trying to fire a CCJ at me!!!

take things slowly - Lowells and many others hope you give up by going to the last post but discontinuing at the last minute (If they do not have a complete case) in the hope you give in.

Their methods are the norm in many Debt buyer cases, you are learning a lot about the collection of alledged debts and the way companies try to get around the legislation, just concentrate on your own case or mistakes (fatal) can be made, many of us are going through the same as you or have been thru same, most lowells and others cases go undefended that is how they make most of their ill gotten gains.

[charitynjw]

Re: Lowell trying to fire a CCJ at me!!!

Sorry to keep questioning but I just want to have a full understanding of my position here in particular with the POC.

If they DON'T respond with the request i've made or repeat to me via letter that the CCA request i've made they do not have to adhere to, would that be grounds enough to form a defence to the effect of... bugger off....

I did some reading of my own last night and it seems this is a huge huge problem a fair amount of people are having with Lowell some similar circumstances some far far worse...

If this company is actually regulated how the hell have they not been wiped out by their regulators or is it a case of some carefully worded small print! I find it fascinating!

Your particular case is a bit complicated.
Although it is in reference to a mobile phone bill, which are not usually regulated agreements, the Claimant has stated in their PoC that it is a regulated agreement. (Though they fail to show exactly what type....ie a loan, HP, etc)
Also, the sanction for failure to comply with a lawful CCA request is that they cannot enforce the agreement. They can still chase it, even to the point of starting legal action. (Which some of these debt purchasers do to intimidate).

[Zaac]

Re: Lowell trying to fire a CCJ at me!!!

[MENTION=55034]nemesis45[/MENTION] is this ok?

Zaac


Dear Sirs,

Claim Number: c4hk7z66

Request for documents mentioned in a statement of case under CPR 31.14

On 17/08/2016 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 defence and/or counterclaim, I require inspection of documents you mention in your statement of case ahead of filing my defence on 4/09/2016.



NB: ONLY LIST HERE DOCUMENTS THAT ARE MENTIONED IN THE PARTICULARS OF CLAIM ON THE FRONT OF THE CLAIM FORM - eg. IF THEY DON'T MENTION ' DEFAULT NOTICE' YOU CANNOT ASK FOR IT UNDER CPR 31.14, IF THEY MENTION CONTRACT rather than AGREEMENT - ask for the CONTRACT...IF IN DOUBT TYPE OUT THE PARTICULARS OF CLAIM AND ASK ON THE FORUM.( and remove this paragraph too!!!!)
for EXAMPLE
1. Agreement / Contract
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. Had your claim not been issued through CCBC the Claimant would have been obliged to attach copies of the documentation upon which it relies to the Particulars of Claim. I , as Defendant, am entitled to see the documents on which the Claimant relies and which you will have to produce at trial. Disclosure at this stage will enable me to fully plead my case and further the Overriding Objective.

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 defence as allowed under CPR 15.5 so I may notify the court.



I look forward to hearing from you.

Yours sincerely




Zaac Spencer




- - - Updated - - -

forgot to delete the documents part that needs deleting but i will do it when i fire it off.

[charitynjw]

Re: Lowell trying to fire a CCJ at me!!!

IMHO

1. The Consumer Contract Act agreement c/w Terms & Conditions
2. Notice of Assignment
3. Default Notice

Personally, I think that the T&C's form part of the agreement & therefore can be asked for.
Also, Notice of Assignment rather than just Assignment.

[Zaac]

Re: Lowell trying to fire a CCJ at me!!!

@charitynjw

Shall i go with this?


Zaac


Dear Sirs,

Claim Number: XXXXXXXXXXXX

Request for documents mentioned in a statement of case under CPR 31.14

On 17/08/2016 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 defence and/or counterclaim, I require inspection of documents you mention in your statement of case ahead of filing my defence on 4/09/2016.

1. The Consumer Contract Act agreement c/w Terms & Conditions
2. Notice of Assignment
3. Default Notice

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. Had your claim not been issued through CCBC the Claimant would have been obliged to attach copies of the documentation upon which it relies to the Particulars of Claim. I , as Defendant, am entitled to see the documents on which the Claimant relies and which you will have to produce at trial. Disclosure at this stage will enable me to fully plead my case and further the Overriding Objective.

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 defence as allowed under CPR 15.5 so I may notify the court.



I look forward to hearing from you.

Yours sincerely

[charitynjw]

Re: Lowell trying to fire a CCJ at me!!!

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 4/09/2016.

Where did you get that date?

I'd just say

"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."

[Zaac]

Re: Lowell trying to fire a CCJ at me!!!

The template in the guide had made me put a date lol!

I'll go with what you have said and send it!

Thanks!

[charitynjw]

Re: Lowell trying to fire a CCJ at me!!!

The template in the guide had made me put a date lol!

I'll go with what you have said and send it!

Thanks!

Issue date 15/8/16

Post #11

Defense due latest 17/09/2916 (by my calculation, anyway!)

[nemesis45]

Re: Lowell trying to fire a CCJ at me!!!

[QUOTE=Zaac;671505]@nemesis45 is this ok?

Zaac


Dear Sirs,

Claim Number:

Request for documents mentioned in a statement of case under CPR 31.14

On 17/08/2016 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 defence and/or counterclaim, I require inspection of documents you mention in your statement of case ahead of filing my defence on 4/09/2016.



NB: ONLY LIST HERE DOCUMENTS THAT ARE MENTIONED IN THE PARTICULARS OF CLAIM ON THE FRONT OF THE CLAIM FORM - eg. IF THEY DON'T MENTION ' DEFAULT NOTICE' YOU CANNOT ASK FOR IT UNDER CPR 31.14, IF THEY MENTION CONTRACT rather than AGREEMENT - ask for the CONTRACT...IF IN DOUBT TYPE OUT THE PARTICULARS OF CLAIM AND ASK ON THE FORUM.( and remove this paragraph too!!!!)
for EXAMPLE
1. Agreement / Contract
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. Had your claim not been issued through CCBC the Claimant would have been obliged to attach copies of the documentation upon which it relies to the Particulars of Claim. I , as Defendant, am entitled to see the documents on which the Claimant relies and which you will have to produce at trial. Disclosure at this stage will enable me to fully plead my case and further the Overriding Objective.

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 defence as allowed under CPR 15.5 so I may notify the court.

What's in the POC Zaac?



I look forward to hearing from you.

Yours sincerely






What's actually in the POC Zaac.

nem


- - - Updated - - -

[Zaac]

Re: Lowell trying to fire a CCJ at me!!!

[MENTION=55034]nemesis45[/MENTION]

they are in the top of this post.

I have sent the CPR document but didn't put in Number 4 for the formal demand. is that a problem?

Rgds

Zaac

[Zaac]

Re: Lowell trying to fire a CCJ at me!!!

Had a letter from Lowell,

It says that they have issued a claim form and to contact them to arrange repayment otherwise they will obtain a judgement against me

[nemesis45]

Re: Lowell trying to fire a CCJ at me!!!

@nemesis45

they are in the top of this post.

I have sent the CPR document but didn't put in Number 4 for the formal demand. is that a problem?

Rgds

Zaac

The template is for guidance you amend/edit to suit your needs.

nem

[Zaac]

Re: Lowell trying to fire a CCJ at me!!!

Still nothing back from either request.

[nemesis45]

Re: Lowell trying to fire a CCJ at me!!!

Still nothing back from either request.

Unenforceable until the agreement is supplied.