Help needed asap for defence by 7th jan..lowell /lucas credit services

[tabitha62]

Re: Help needed asap for defence by 7th jan..lowell /lucas credit services

The cpr i sent them was too vague though i only requested the contract/agreement when i should have asked for more details im confused now as i need back up for my defence i dont even know what to put , desperately need help with that and i want to put in my defence asap as its really stressing me ive wasted days on this situation .
what do i do now whats my next move? can any of you guys help me with my defence so i can get it in asap please

Thanks

[tabitha62]

Re: Help needed asap for defence by 7th jan..lowell /lucas credit services

This is a letter ive just drafted up should i send or not. ?

Dear Sir Or Madam



I am not satisfied with your vague response dated 28/ 12/2016 so I am requesting the following documents from yourselves as by law you are obliged to provide true copies from T mobile .




1) The date the contract was taken out

2) Notice of assignment

3) By what sales method (online, in store, over the phone)

4) breakdown of the whole debt! of what makes up £ 849 (airtime charges, out of contract minutes or data) etc ( not just the final bill that you have already sent me.) as this is very vague

5) Details of all payments made on the account







I look forward to your reply

[charitynjw]

Re: Help needed asap for defence by 7th jan..lowell /lucas credit services

I would refer them to the CPR 31 request sent (by you) on (date), & this request being supplemental to that previous request.
That will tie them together & will highlight the fact that the new request is still under CPR 31 disclosure rules.

[tabitha62]

Re: Help needed asap for defence by 7th jan..lowell /lucas credit services

I would refer them to the CPR 31 request sent (by you) on (date), & this request being supplemental to that previous request.
That will tie them together & will highlight the fact that the new request is still under CPR 31 disclosure rules.

ok do you mean i need to send to Lowell the whole cpr letter or the one above in my own words? what do i do about putting in my defence though? what do i put? as its going to take time for them to send me back any other info ive asked for .

Thanks

[charitynjw]

Re: Help needed asap for defence by 7th jan..lowell /lucas credit services

ok do you mean i need to send to Lowell the whole cpr letter or the one above in my own words? what do i do about putting in my defence though? what do i put? as its going to take time for them to send me back any other info ive asked for .

Thanks

A CPR 31.14 letter goes to the solicitors who are representing the Claimant.
You can ask for disclosure of all documents mentioned in the Particulars of Claim, so a second request for other mentioned docs is no problem.
Your defence (if using the LB forum template) will largely be based on non-disclosure by the Claimant, with the overrider that, once sufficient info has been made available, you will then be in a position to amend your defence if necessary.
Re this latest request, in your filed defence just say "2nd Cpr 31.14 sent (date) to (solicitors) & am awaiting a reply".

Btw, did you also send a request for info under s77-79 CCA 1974 c/w a £1 fee?

[nemesis45]

Re: Help needed asap for defence by 7th jan..lowell /lucas credit services

A CPR 31.14 letter goes to the solicitors who are representing the Claimant.
You can ask for disclosure of all documents mentioned in the Particulars of Claim, so a second request for other mentioned docs is no problem.
Your defence (if using the LB forum template) will largely be based on non-disclosure by the Claimant, with the overrider that, once sufficient info has been made available, you will then be in a position to amend your defence if necessary.
Re this latest request, in your filed defence just say "2nd Cpr 31.14 sent (date) to (solicitors) & am awaiting a reply".

Btw, did you also send a request for info under s77-79 CCA 1974 c/w a £1 fee?

Morning [MENTION=5553]charitynjw[/MENTION] this is a service/ mobile contract.

nem

[charitynjw]

Re: Help needed asap for defence by 7th jan..lowell /lucas credit services

Morning @charitynjw this is a service/ mobile contract.

nem

Morning nem & a belated Happy New Year to you & yours.
Yes it is a mobile phone claim, but there appears to be some confusion as to whether tabitha sent a CCA request.
Lucas (3rd party debt collectors) have apparently stated that a CCA request was made by tabitha.

[tabitha62]

Re: Help needed asap for defence by 7th jan..lowell /lucas credit services

Morning nem & a belated Happy New Year to you & yours.
Yes it is a mobile phone claim, but there appears to be some confusion as to whether tabitha sent a CCA request.
Lucas (3rd party debt collectors) have apparently stated that a CCA request was made by tabitha.

I did send for both cpr and cca , but they replied back saying that its not governed by the consumer credit act 1974 as its a mobile bill. i did post the letter on here and also the final bill they sent me this was just charges and early termination penalties etc

Please can you advise what my best move is now as time is passing by deadlines , just want to get my defence in

Thanks for your advice

[nemesis45]

Re: Help needed asap for defence by 7th jan..lowell /lucas credit services

Morning nem & a belated Happy New Year to you & yours.
Yes it is a mobile phone claim, but there appears to be some confusion as to whether tabitha sent a CCA request.
Lucas (3rd party debt collectors) have apparently stated that a CCA request was made by tabitha.

Happy new year Charity!
I've read the thread a few time now and I'm still unsure what has been sent/ and or received so far!

Tabitha.

To assist in drafting a defence for you will you please post the chain of events in chronological order?


e.g. The date the account was opened. the date it was defaulted. Date of last payment? Have you contacted the OC to ask the default date/last payment date?
Date of any dispute with the original creditor and the nature of the dispute.

The first contact from Lucas if any copies of any letters receives or.
As above for Lowell.

Date claim issued?
Date Acknowledged.

Date of CCA request and any reply from claimant

Dare of CPR31.14 request copies of any letters sent and or received.

We need to be clear on these points.

nem

[tabitha62]

Re: Help needed asap for defence by 7th jan..lowell /lucas credit services

Happy new year Charity!
I've read the thread a few time now and I'm still unsure what has been sent/ and or received so far!

Tabitha.

To assist in drafting a defence for you will you please post the chain of events in chronological order?


e.g. The date the account was opened. the date it was defaulted. Date of last payment? Have you contacted the OC to ask the default date/last payment date?
Date of any dispute with the original creditor and the nature of the dispute.

The first contact from Lucas if any copies of any letters receives or.
As above for Lowell.

Date claim issued?
Date Acknowledged.

Date of CCA request and any reply from claimant

Dare of CPR31.14 request copies of any letters sent and or received.

We need to be clear on these points.

nem

I dont have any date from lowell or lucus when the account opened as i mentioned on previous posts they were very vague with the info they gave me i sent a cpr and cca on 7th dec to both lowell and cohen cramer their solicitor and all they sent back was a final bill no run down of calls/texts just a final bill stating early termination penalties and charges. i received back the info from them on 31st dec . claim was issued on 5th dec. date of acknowledgment was 7th dec .
i have just drafted up another cpr but i have asked for more documents , as before i only asked for contract/agreement but as its a mobile bill they say there is no contract as its not governed by consumer act 1974.
The docs i have now asked for in 2nd cpr are
By what sales method (online, in store, over the phone)

breakdown of the whole debt! of what makes up £ 849 (airtime charges, out of contract minutes or data) etc ( not just the final bill that you have already sent me.) as this is very vague)
.Details of all payments made on the account from the beginning
Default Notice
Notice of assignment

i really need to file my defence asap shall i say i have asked the claiment for a 2nd cpr as the 1st one was very vague ?
can i go back on there and add to my defence once ive received the 2nd lot of docs? Also i dont recall receiving any letters from 3rd party Lucus. how long do i have up to in order to add more on the defence?

Thanks



I

[charitynjw]

Re: Help needed asap for defence by 7th jan..lowell /lucas credit services

Hi Tabitha

Imho it would be safest to stick to 7th Jan as the last date for your defence.
Yes, say that you sent a first CPR 31.14 on (date) to (recipient(s)) for sight of contract/agreement.
No agreement or T&C's were sent to you.
2nd CPR 31.14 request sent, referring to the first request & non response, + asking for additional docs per the Claimant's PoC. (list what you requested)
Awaiting replies from both.
If it were me I'd also mention that I'd received the letter from Lucas, & would say that, as they are a 3rd party who are not directly involved in the claim, I cannot comment on the accuracy or reliability of the content, or who authorised them to respond on behalf of the Claimant. Words to that effect.

[tabitha62]

Re: Help needed asap for defence by 7th jan..lowell /lucas credit services

Hi Tabitha

Imho it would be safest to stick to 7th Jan as the last date for your defence.
Yes, say that you sent a first CPR 31.14 on (date) to (recipient(s)) for sight of contract/agreement.
No agreement or T&C's were sent to you.
2nd CPR 31.14 request sent, referring to the first request & non response, + asking for additional docs per the Claimant's PoC. (list what you requested)
Awaiting replies from both.
If it were me I'd also mention that I'd received the letter from Lucas, & would say that, as they are a 3rd party who are not directly involved in the claim, I cannot comment on the accuracy or reliability of the content, or who authorised them to respond on behalf of the Claimant. Words to that effect.

thanks charity . ok so do i have to add all this to my letters or is this what i can put on my defence?

[charitynjw]

Re: Help needed asap for defence by 7th jan..lowell /lucas credit services

thanks charity . ok so do i have to add all this to my letters or is this what i can put on my defence?

Post #56 is for the defence. (Tweak the defence example top of this thread).
But also send the new CPR 31 request asap to solicitors, keep copy & get proof of posting.

[charitynjw]

Re: Help needed asap for defence by 7th jan..lowell /lucas credit services

I dont have any date from lowell or lucus when the account opened as i mentioned on previous posts they were very vague with the info they gave me i sent a cpr and cca on 7th dec to both lowell and cohen cramer their solicitor and all they sent back was a final bill no run down of calls/texts just a final bill stating early termination penalties and charges. i received back the info from them on 31st dec . claim was issued on 5th dec. date of acknowledgment was 7th dec .
i have just drafted up another cpr but i have asked for more documents , as before i only asked for contract/agreement but as its a mobile bill they say there is no contract as its not governed by consumer act 1974.
The docs i have now asked for in 2nd cpr are
By what sales method (online, in store, over the phone)

breakdown of the whole debt! of what makes up £ 849 (airtime charges, out of contract minutes or data) etc ( not just the final bill that you have already sent me.) as this is very vague)
.Details of all payments made on the account from the beginning
Default Notice
Notice of assignment

i really need to file my defence asap shall i say i have asked the claiment for a 2nd cpr as the 1st one was very vague ?
can i go back on there and add to my defence once ive received the 2nd lot of docs? Also i dont recall receiving any letters from 3rd party Lucus. how long do i have up to in order to add more on the defence?

Thanks



I

You should also request the T&C's for the agreement.

[tabitha62]

Re: Help needed asap for defence by 7th jan..lowell /lucas credit services

Ok will do thank you,, also do i need to send the letter to lowell and cohen who is the solicitor?