Claim form - Lowell Portfolio / Lowell solicitors.

[MIKE770]

Re: Claim form - Lowell Portfolio / Lowell solicitors.

agreement their wording on the N1 form

notice of assignment

[captain sam]

Re: Claim form - Lowell Portfolio / Lowell solicitors.

Sorry [MENTION=48459]mil[/MENTION]ke770 seems to have been a cross over between your post and my double post...

[MIKE770]

Re: Claim form - Lowell Portfolio / Lowell solicitors.

no fee for CPR31.14 to solicitors

CCA1974 request is a £1.00

[captain sam]

Re: Claim form - Lowell Portfolio / Lowell solicitors.

Thank you so much. I will be sending this letter off tomorrow and keep the thread updated of any further movement.

In the meantime, do I need to submit anything else on MCOL? I've submitted an acknowledgement but that's it.

[MIKE770]

Re: Claim form - Lowell Portfolio / Lowell solicitors.

13th march your defence , send via MCOL the day before, peeps will advise you on here if you ask

- - - Updated - - -

First Steps have you read this?

[captain sam]

Re: Claim form - Lowell Portfolio / Lowell solicitors.

[MENTION=3599]MIKE770[/MENTION] admittedly, I had not seen the first steps. However, I have just given it a read over. Very helpful, thank you.

So, 12th March, I will submit partial 15£ which was the monthly fee or full defense?

[MIKE770]

Re: Claim form - Lowell Portfolio / Lowell solicitors.

@MIKE770 admittedly, I had not seen the first steps. However, I have just given it a read over. Very helpful, thank you.

So, 12th March, I will submit partial 15£ which was the monthly fee or full defense?

b
yes full defence Di will advise no doubt!

[captain sam]

Re: Claim form - Lowell Portfolio / Lowell solicitors.

And my defense would be what exactly? That when we requested an itemised bill T-Mobile refused to do so? [MENTION=3599]MIKE770[/MENTION]

[MIKE770]

Re: Claim form - Lowell Portfolio / Lowell solicitors.

Defence Example this would be adjusted to suit, you really need to look around the threads on this site and look at telecon etc threads to get the idea and adjust to fit your situation! you have the time to look around before submission

[captain sam]

Re: Claim form - Lowell Portfolio / Lowell solicitors.

Hello all

I've had a reply from Lowell to my letter. I can't upload attachments so I have copy paste the CPR31.14 that I sent and uploaded the letters received to imgur

Can anyone help me please? I'd really appreciate your time.

Letters received
http://imgur.com/a/TnThV

CPR31.14

04/03/2017

Lowell Solicitors LIMITED
PO BOX 1419
NORTHAMPTON
NN2 1BU



Dear Sirs,

Claim Number: xyz

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

On 15/03/2017 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 18 March 2017.


1. Agreement
2. Notice of Assignment


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

[Arcadian]

Re: Claim form - Lowell Portfolio / Lowell solicitors.

They appear to have sent you a copy of the original Notice of Assignment that they will allege they sent to you in August last year, as per the date on it.

Was there a covering letter or just that?

No mention of or copy of the Agreement?

[captain sam]

Re: Claim form - Lowell Portfolio / Lowell solicitors.

Hi [MENTION=95271]Arcadian[/MENTION] thanks for your reply.

To answer your questions - there was no covering letter and you are right. It appears no agreement has been provided. Even though I have requested it. My OP contains their original letter including particulars of claim. Maybe i used the wrong terminology?

[Arcadian]

Re: Claim form - Lowell Portfolio / Lowell solicitors.

Hello all

I've had a reply from Lowell to my letter. I can't upload attachments so I have copy paste the CPR31.14 that I sent and uploaded the letters received to imgur

Can anyone help me please? I'd really appreciate your time.

Letters received
http://imgur.com/a/TnThV

CPR31.14

04/03/2017

Lowell Solicitors LIMITED
PO BOX 1419
NORTHAMPTON
NN2 1BU



Dear Sirs,

Claim Number: xyz

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

On 15/03/2017 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 18 March 2017.


1. Agreement
2. Notice of Assignment


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

Hi @Arcadian thanks for your reply.

To answer your questions - there was no covering letter and you are right. It appears no agreement has been provided. Even though I have requested it. My OP contains their original letter including particulars of claim. Maybe i used the wrong terminology?

Your request clearly asked for copy of
1. Agreement

They have either decided to ignore that point, or they don't have it.

You could do one of two things:

Send a re-request of the Agreement. Don't trouble to acknowledge receipt of the copy of the Assignment as this might be construed as you agreeing that you received the original.

Or

Assume they don't have the Agreement. State in your defence that you requested it but it has not been supplied, etc.
Refer to template defences on the site.

[charitynjw]

Re: Claim form - Lowell Portfolio / Lowell solicitors.

Have you calculated how much you think the outstanding payments are in total?

[captain sam]

Re: Claim form - Lowell Portfolio / Lowell solicitors.

Have you calculated how much you think the outstanding payments are in total?

I haven't been able to calculate it. I don't know what the remainder balance would be for her contract, how long the contract was for, start or end dates etc. Admittedly, I'm finding it really difficult to get to a figure of what that should be and my mother is getting extremely stressed with receiving all these correspondences.


I must make point we have no qualms with paying money owed, but they are yet to prove / itemise what those are or were. It's just difficult to try and portray this without compromising my mother's position.

Assume they don't have the Agreement. State in your defence that you requested it but it has not been supplied, etc.

Sounds like most prudent to state in my defence it was not supplied? I'm happy to be guided by you guys as to what my defence should or would best be.

They appear to indicate in their first paragraph that the agreement is not covered by CCA therefore they do not need to provide it. However, it's to be noted that I did not make a CCA request, but a CPR31.14. Am I entitled to be served a copy under CPR?

They mentioned a default notice but we never received one. What can we do about that? Is it a point to raise?