** DiScOnTinUeD ** BC/Lowell V Kelike28 ** WON **

[mystery1]

Re: BC/Lowell V Kelike28

File acknowledgement of service. Did you send cpr 31.14 recorded delivery ?

Did you ever sign an agreement ?

M1

[FlamingParrot]

Re: Bryan Carter on behalf of Lowell Claim form

I shall email later this morning as my AoS receipt is on work computer. There is c an automated response on their website which shows other times I've contacted them ands had no reply. I will take a screen shot of the logs. Is there another email address I could use where i may get a reply from? Shall I just say here is copy of AoS and that they must agree to extention as they haven't supplied documents and that the claim hasn't been allocated a small track yet....? What is an unless order? Thanks again

i have found the email address so no worries there, just not sure how to word it....anyone have an idea of how to go about it. Much much appreciated. Thanks

With regards to tracking emails, you may want to try this: http://www.didtheyreadit.com/ It's a paid service but you can sign up and send 10 emails free, without providing any payment details (unlike other services where you have to cancel the free trial or else you start getting charged ). You get a notification every time your email is opened or read, so they cant argue they didn't receive it. The 10 free messages will probably be enough while you're dealing with this claim. :thumb:

[kelike28]

BC/Lowell V Kelike28

Very Catalogue account opened in 8.11.00 Default shows on my credit file 12.7.10
@ £1542.00 updated 8.5.13 ( think this was a payment made towards this debt or contact when Lowell took it over??)

CLAIM DETAILS

Issue Date - 14.5.14
Received Date - 16/17.5.14

The claim is for £1698.44 plus interest of 8% per annum sice 26.7.10 amounting to £516.38 total £2399.82

I sent both CPR and CCA 21.5.14 had reply letter from BC dated 23.5.14 received 27.5.14 nothing from Lowell as yet.

[kelike28]

Re: Bryan Carter on behalf of Lowell Claim form

THIS IS WHAT ID GOT SO FAR BUT IVE NO IDEA IF IM RIGHT OR WRONG WITH IT. XX

Please find attached my acknowledgement of service dated 21.5.14 as your letter states you have not recieved it so i am now sending it again.
I am also reminding you of the fact that the claim has not yet been allocated and if you still refuse to comply,i will have no option but to submit an application to the court.
I am again asking you to agree to an extension to file a defence since you haven't supplied the documents you are relying on. CPR 15.5 allows up to 28 days.

[kelike28]

Re: Bryan Carter on behalf of Lowell Claim form

i have found the email address so no worries there, just not sure how to word it....anyone have an idea of how to go about it. Much much appreciated. Thanks

[kelike28]

Re: Bryan Carter on behalf of Lowell Claim form

I shall email later this morning as my AoS receipt is on work computer. There is c an automated response on their website which shows other times I've contacted them ands had no reply. I will take a screen shot of the logs. Is there another email address I could use where i may get a reply from? Shall I just say here is copy of AoS and that they must agree to extention as they haven't supplied documents and that the claim hasn't been allocated a small track yet....? What is an unless order? Thanks again

[FlamingParrot]

Re: Bryan Carter on behalf of Lowell Claim form

Ok. I am on it first thing tomorrow. What is a WS?

Sorry, WS = Witness Statement

Is there a follow up letter template I should use at all our just come up with something that covers it?

To save time, you can just ring and/or email them, you may well get someone more understanding and/or clued up. :thumb:

[kelike28]

Re: Bryan Carter on behalf of Lowell Claim form

Is there a follow up letter template I should use at all our just come up with something that covers it?

[kelike28]

Re: Bryan Carter on behalf of Lowell Claim form

Ok. I am on it first thing tomorrow. What is a WS?

[FlamingParrot]

Re: Bryan Carter on behalf of Lowell Claim form

You've got the gist of it! :thumb:

Yes, do forward your AoS to BC and remind them of the fact that the claim hasn't been allocated so the old small claims chestnut doesn't offer them an excuse. You'll probably end up having to submit an unless order but you need to follow the process of trying to get them to comply with your request as well as asking them to agree to an extension to file a defence since they haven't supplied the documents they are relying on. CPR 15.5 allows up to 28 days. They'll probably refuse point blank as they have with many others. Keep a log of every call, letter and email, that will come it handy for your WS, should it come to that.

[kelike28]

Re: Bryan Carter on behalf of Lowell Claim form

Thanks for that....do I forward copy of AoS to BC? I did send the exact letter Amethyst suggested. What world be my next step then? I haven't chased BC as 7 days have passed as they have wrote to me instead is that correct of me? What would be the next step I take after sending the AoS be? Reminding them the claim hasn't been allocated small track? Hope I'm getting this right? Much appreciated.

[FlamingParrot]

Re: Bryan Carter on behalf of Lowell Claim form

Hi FlamingParrot.
Received a letter back from BC but nothing from L.

That's fine, no need to chase the CCA request since non-compliance should only work in your favour.

BC States that the courts protocol was followed when issuing the claim which eliminates the requirements to attach the documents etc.

That's standard response from those clowns. Yes, when claims are issued via the bulk centre there's no requirement to attach documents to the claim form since claims are issued electronically, however, that doesn't mean they don't have to produce them later.

They confirm the matter will most properly be allocated to the small claims track... next paragraph to refer to my own records....

Indeed it probably will, but it hasn't been allocated yet. If you sent the letter posted by Amethyst, it will have the following paragraph:

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..

As you will see from the dozens of threads involving the Dynamic Duo Lowell-BC, they almost always refuse to send the documents and most people end up having to submit an unless order to force disclosure. Before you do that, you'll need to show the steps you have taken to get them to comply with your request. It may be worth reminding them of the fact that the claim has not yet been allocated and that if they still refuse to comply, you'll have no option but to submit an application to the court.

next that I should comply with deadlines to avoid a default. .. lastly they are not in receipt of my acknowledgement of service and that I should seek legal advice. Once again stressing!!! Any help. Thanks in advance

You should have your own confirmation of your AoS which you could just forward on. :thumb:

[kelike28]

Re: Bryan Carter on behalf of Lowell Claim form

Hi FlamingParrot.
Received a letter back from BC but nothing from L. BC States that the courts protocol was followed when issuing the claim which eliminates the requirements to attach the documents etc. They confirm the matter will most properly be allocated to the small claims track... next paragraph to refer to my own records.... next that I should comply with deadlines to avoid a default. .. lastly they are not in receipt of my acknowledgement of service and that I should seek legal advice. Once again stressing!!! Any help. Thanks in advance

[FlamingParrot]

Re: Bryan Carter on behalf of Lowell Claim form

oh dear, i did actually mean lowell...all correct and sent now, via recorded...so i shall sit and wait for 7 days to pass and chase BC, but not bother chasing lowell is this all sounding right?

Spot on!

[kelike28]

Re: Bryan Carter on behalf of Lowell Claim form

oh dear, i did actually mean lowell...all correct and sent now, via recorded...so i shall sit and wait for 7 days to pass and chase BC, but not bother chasing lowell is this all sounding right?