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

[Bankers Reform]

Re: Bryan Carter on behalf of Lowell Claim form

A searchable database to get the data controller address is available on ICO website.
http://ico.org.uk/what_we_cover/regi...ta_controllers

Lowell Portfolio
ELLINGTON HOUSE
SAVANNAH WAY
LEEDS VALLEY PARK
LEEDS
LS10 1AB

[kelike28]

Re: Bryan Carter on behalf of Lowell Claim form

I've copied the letters and got correct addresses from claim form... on CPR what date do I put as filing my defence also no 1 to 4 to I change info or leave as is

[FlamingParrot]

Re: Bryan Carter on behalf of Lowell Claim form

does anyone know the actuall address to use for Lowell? thanks

also can i just put a £1 inside as recorded so im assuming it will be safe haha? Or how else would i give them the money?

cheers again and again.

As you'll have to visit the post office to send it recorded, you can also buy a postal order. It would cost you an extra 50p but should be worth it.

I've copied the letters and got correct addresses from claim form... on CPR what date do I put as filing my defence also no 1 to 4 to I change info or leave as is

Those would be the documents mentioned on the particulars of claim, or alluded to, so it should be OK to leave them. Your defence would be due 28 days from the date on the claim (you have an extra 5 for service but you can stick to the 28 days). BC won't provide you with the documents, they never do, but you have to follow the process. :thumb:

[kelike28]

Re: Bryan Carter on behalf of Lowell Claim form

Should postal order be payable to bc? You seriously don't know how your advice on this site is invaluable. I'd still be as lost as I was a few days ago had it not been for having the confidence to come on here and see what others are going through and how this site and it's people help everyone.

[FlamingParrot]

Re: Bryan Carter on behalf of Lowell Claim form

Should postal order be payable to bc? You seriously don't know how your advice on this site is invaluable. I'd still be as lost as I was a few days ago had it not been for having the confidence to come on here and see what others are going through and how this site and it's people help everyone.

No, since it should be sent to Lowell for the CCA request, rather than to BC for the CPR 31.14 request. There's no fee payable for the CPR request. You can just leave the PO blank. :thumb:

Glad to be of help!

[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?

[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

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

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

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

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

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

[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?

[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

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