Lowell vs Reiss

[Reiss]

Re: Lowell vs Reiss

Hi [MENTION=3599]MIKE770[/MENTION]

So do you recommend to address both to the Ellington house address?

Many Thanks

[MIKE770]

Re: Lowell vs Reiss

Ellington house there are times when PO Boxes are not signed for! the solicitors is bases at Ellington House

[Reiss]

Re: Lowell vs Reiss

[MENTION=55034]nemesis45[/MENTION] [MENTION=49370]Kati[/MENTION] [MENTION=5553]charitynjw[/MENTION]

Hi all, i'm off to post office now to send all signed for and tracked.

Will i have problems sending to the Lowell Solicitors Limited PO BOX address? Is the PO BOX fine? that is what is on the claim form?

For the claimant its: Lowell Portfolio 1 LTD, Ellighton house address

Thanks guys for the help will be keeping you all posted of every outcome

[charitynjw]

Re: Lowell vs Reiss

Don't forget to obtain proof of postage.

[nemesis45]

Re: Lowell vs Reiss

@Kati @nemesis45 Thank you guys so much no words can describe how thankful i am for the help.

Will be posting tomorrow both recorded delivery signed for.


My CCA is one that i have found here in the forum and goes like this:

Dear Sir/Madam

Re:− Account Number ****************0036

Please treat this letter as a formal request for you to supply a copy of my Consumer Credit Agreement as is my entitlement under sections 77-79 of the Consumer Credit Act 1974.

I require you to provide me with a true copy, or reconstituted copy of the credit agreement relating to any account you deem to be mine, together with any other documentation the Act requires you to provide. I expect you to comply fully and properly with this request, within the statutory time limit.

Your obligation also extends to providing me with a statement of account. I enclose a £1 postal order, which represents payment of the statutory fee payable under the Consumer Credit Act. I understand that a copy of my credit agreement should be supplied within 12 working days from the date of this letter.

If it is your view that you are not the creditor, s.175 of the CCA1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189.

I understand that under the Consumer Credit Act, creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act.


Yours faithfully,

Good morning Reiss,

That's fine, please let us know what transpires.

nem

[Reiss]

Re: Lowell vs Reiss

[MENTION=49370]Kati[/MENTION] [MENTION=55034]nemesis45[/MENTION] Thank you guys so much no words can describe how thankful i am for the help.

Will be posting tomorrow both recorded delivery signed for.


My CCA is one that i have found here in the forum and goes like this:

Dear Sir/Madam

Re:− Account Number ****************0036

Please treat this letter as a formal request for you to supply a copy of my Consumer Credit Agreement as is my entitlement under sections 77-79 of the Consumer Credit Act 1974.

I require you to provide me with a true copy, or reconstituted copy of the credit agreement relating to any account you deem to be mine, together with any other documentation the Act requires you to provide. I expect you to comply fully and properly with this request, within the statutory time limit.

Your obligation also extends to providing me with a statement of account. I enclose a £1 postal order, which represents payment of the statutory fee payable under the Consumer Credit Act. I understand that a copy of my credit agreement should be supplied within 12 working days from the date of this letter.

If it is your view that you are not the creditor, s.175 of the CCA1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189.

I understand that under the Consumer Credit Act, creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act.


Yours faithfully,

[nemesis45]

Re: Lowell vs Reiss

It might be an idea to state what you are actually requesting instead of quoting the PoC ... maybe something like:

I'll tag @nemesis45 for you too xx

Hi,

In this claim the " agreement "," the default notice" and " the notice of Assignment" are all you need to mention, you do not need to quote a date for filing your defence the request has a nominal 7 day timescale for response.

If Lowell Solicitors are involved one cannot predict what response one might receive as they seem to be totally disorganised.

The CCA request is far more important.

Keep request such as these simple and straight forward to avoid giving the claimant/ solicitors reason for dispute.

nem

[Kati]

Re: Lowell vs Reiss

@Kati my CPR letter is looking like this, have i made it clear on what i am requesting (what you mentioned above?)



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

On 20/09/2016 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 23rd^th October 2016.



1) The defendant entered into a Consumer Credit Act 1974 regulated agreement with Vanquis under account reference ******************** (“the Agreement”)
2) The defendant failed to maintain the required payments and a default notice was served and not complied with
(I don't remember a default notice, it's from 2009)
3) The Agreement was later assigned to the claimant on 30/08/2012 and notice given to the defendant
4) Despite repeated request for payment, the sum of £2,079.08 remains due and outstanding.
And the claimant claims
a) The said sum of £2,079.08
b) Interest pursuant to s69 county courts Act 1984 at the rate of 8% per annum from the date of assignment to the date of issue, accruing at a daily rate of £0.456, but limited to one year, being £166.33
c) costs

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 Sotirakis Zannettou 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.

For your information and records I enclose a copy of the formal request for a copy of the credit agreement relating to this claim, pursuant to the Consumer Credit Act 1974, which has been posted to your client with the statutory fee of £1 today, 23^rd September 2016.

I look forward to hearing from you.

Yours sincerely

It might be an idea to state what you are actually requesting instead of quoting the PoC ... maybe something like:

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 on23rd^th October 2016.
These are the agreement, the default notice and the notice of assignment.

I'll tag [MENTION=55034]nemesis45[/MENTION] for you too xx

[Reiss]

Re: Lowell vs Reiss

@Kati my CPR letter is looking like this, have i made it clear on what i am requesting (what you mentioned above?)



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

On 20/09/2016 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 23rd^th October 2016.



1) The defendant entered into a Consumer Credit Act 1974 regulated agreement with Vanquis under account reference ******************** (“the Agreement”)
2) The defendant failed to maintain the required payments and a default notice was served and not complied with
(I don't remember a default notice, it's from 2009)
3) The Agreement was later assigned to the claimant on 30/08/2012 and notice given to the defendant
4) Despite repeated request for payment, the sum of £2,079.08 remains due and outstanding.
And the claimant claims
a) The said sum of £2,079.08
b) Interest pursuant to s69 county courts Act 1984 at the rate of 8% per annum from the date of assignment to the date of issue, accruing at a daily rate of £0.456, but limited to one year, being £166.33
c) costs

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.

For your information and records I enclose a copy of the formal request for a copy of the credit agreement relating to this claim, pursuant to the Consumer Credit Act 1974, which has been posted to your client with the statutory fee of £1 today, 23^rd September 2016.

I look forward to hearing from you.

Yours sincerely

[Reiss]

Re: Lowell vs Reiss

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

Thank you for the reply back, as i have been away for a week i have already lost time so will get the letters sent out today, Im still yet to acknowledge and confirm on the MCO as i didnt want to make any mistakes.

Have i put myself in a worst situation in regards to time?

Kind Regards

[Kati]

Re: Lowell vs Reiss

sounds right so far [MENTION=92191]Reiss[/MENTION] ... CCA to claimant CPR to solicitors :nod:

According to your PoC you can ask for the agreement, the default notice and the notice of assignment xx