**WON** Court Claim - Lowell Portfolio Ltd / Co-operative Bank - 4-9-2014

[MIKE770]

Re: Court Claim - Lowell Portfolio Ltd / Co-operative Bank - 4-9-2014

Hi again. Here's the latest communication from Bryan Carter solicitors in response to my CPR disclosure request. As you can see, according to them, there's no requirement to attach any documents to the Particulars of Claim when the claim for was issued by the County Court Business Centre.

However, their 14 days are up tomorrow (Sept 24th) to reply to my CCA request, so this should be interesting...

Personal details & account numbers showing?????

[nexatron]

Re: Court Claim - Lowell Portfolio Ltd / Co-operative Bank - 4-9-2014

Whoops! Maybe I'm an exhibitionist Thanks, I'll edit those shortly.

[nexatron]

Re: Court Claim - Lowell Portfolio Ltd / Co-operative Bank - 4-9-2014

Just to reiterate a previous point. I sent the CCA request off to Bryan Carter, rather than Lowell, as I received the previous co-op CCA that Wescot posessesed via a request to Bryan Carter, not Westcot and Bryan Carter was stipulated on the claim form as the address to send documentation.

Is this OK? :beagle:

[nexatron]

Re: Court Claim - Lowell Portfolio Ltd / Co-operative Bank - 4-9-2014

OK folks,

The parasitic swine that is Lowell / Carter have had their 14 days to respond to my CCA request and have failed to comply, so I think it’s about time to start considering launching La Défense. In any case I am already in possession of the excuse for a CCA that I obtained when the debt was assigned to Westcot and this is noticeably lacking in the ‘prescribed terms’ and is thus unenforceable (see above).

I’ve had a brief look at the example document that Amethyst so kindly posted, and was wondering which of the clauses therein would be relevant to my case? Cheers.

[Kafka]

Re: Court Claim - Lowell Portfolio Ltd / Co-operative Bank - 4-9-2014

Just clarify...
You sent CPR request asking for the documents mentioned in the claim - is that correct?
What have they sent in response? Are they still in default?

[nexatron]

Re: Court Claim - Lowell Portfolio Ltd / Co-operative Bank - 4-9-2014

Yes. I sent out the CPR request on September 10th and the only response I received was the document above, Bryan-Carter-1.pdf. The CCA request was sent out to Bryan Carter on the same day but I have yet to receive any response to this, albeit I am already in possession of the CCA as I formerly made a request when the debt was assigned to Wescot.

[Kafka]

Re: Court Claim - Lowell Portfolio Ltd / Co-operative Bank - 4-9-2014

Assuming that you did specify the relevant documents in the CPR request then as they have defaulted (in part at least) then you should send a follow-up letter reminding them that they have not fully complied. This must be uncharted territory for BC, because I've never known them send anything before in response to a CPR request msl:

[nexatron]

Re: Court Claim - Lowell Portfolio Ltd / Co-operative Bank - 4-9-2014

Hi again. The CPR request was formulated using a template found here: http://www.legalbeagles.info/forums/...ic-information so I'm assuming this does mention the relevant documents.

Forgive me for being a little confused here but BC have already responded, stipulating that there is no requirement for them to send me such documentation -- see Bryan-Carter-1.pdf (are they telling me fibs?). I wouldn't be surprised that they are trying to fob me with this. This is also very much uncharted territory for myself. I just can't see the point in sending them a 'reminder' letter if they are still in non-compliance.:tinysmile_aha_t:

[nexatron]

Re: Court Claim - Lowell Portfolio Ltd / Co-operative Bank - 4-9-2014

OK. I just tagged an additional paragraph on to the beginning of the http://www.legalbeagles.info/forums/...ic-information template like so:

"I am writing to further remind yourselves that you have failed to comply for my previous request for documentation mentioned in a statement of case under CPR 31.14 and are thus in default."

and sent the letter via signed-for delivery and sent it in their generally smelly BC direction. Is this OK?

I am getting slightly panicked, here as Defence date is creeping nearer and I've yet to formulate one.

[Amethyst]

Re: Court Claim - Lowell Portfolio Ltd / Co-operative Bank - 4-9-2014

Defence wise you need to list what your defence is

1: non compliance with CCA request
2. non compliance with CPR request so no documents on which to assess your position so no default notice, no assignment notice, no statement of account

so quite straightforward really, here's an example to get you started off -> http://www.legalbeagles.info/forums/...t-Court-Claims

The previous CCA from Westcot I wouldn't worry about as the debt was sold to Lowell so they are the creditor so THEY need to provide the CCA else it is unenforceable. It is handy to have the Westcott copy as you already know that if Lowell do come up with a copy you will still have arguments on enforceability - but you don't need to use them at this stage.

[nexatron]

Re: Court Claim - Lowell Portfolio Ltd / Co-operative Bank - 4-9-2014

Yes, cheers for that Amethyst. I'll have a go at drafting a document based upon your template and post on here.

[Kafka]

Re: Court Claim - Lowell Portfolio Ltd / Co-operative Bank - 4-9-2014

Hi again. The CPR request was formulated using a template found here: http://www.legalbeagles.info/forums/...ic-information so I'm assuming this does mention the relevant documents.

Forgive me for being a little confused here but BC have already responded, stipulating that there is no requirement for them to send me such documentation -- see Bryan-Carter-1.pdf (are they telling me fibs?). I wouldn't be surprised that they are trying to fob me with this. This is also very much uncharted territory for myself. I just can't see the point in sending them a 'reminder' letter if they are still in non-compliance.:tinysmile_aha_t:

BC usually response by sending nothing and saying they don't need to, using template letters. However, he CPR are the court's procedural rules and the courts don't like people abusing them. I think their game is that they make so much profit from the people who don't defend (remembering that DCAs pay less than 10% of the face value for assigned debts) that they basically don't try much for people who they know will fight them.

The reason for the different letters is because that all strengthens your hand should you later apply to have the court force disclosure of else strike out the claim.

[nexatron]

Re: Court Claim - Lowell Portfolio Ltd / Co-operative Bank - 4-9-2014

Good afternoon people

I’ve just produced a draft of my defence (attached) and would therefore be extremely grateful if someone could give it the once-over to check that it is pertinent to the facts of my case and, if necessary, suggest any amendments.

I am a little dubious about clause 3, where I admit that an agreement has been entered into (I could deny it, considering the flimsy excuse for a CCA). Also in clause 7 I deny that I have received a default notice. I would suggest that I probably did, but does Lowell have any record of this? – I doubt it. I’ve made an insertion, clause 10 where I state that I have reminded BC of my request for the relevant documentation, and that they are in default. Additionally, I’ve made a minor edit to clause 11 i.e. ‘. To the date of filing The Defence’.

Now, is it best to file The Defence using the paper ‘ Defence and Counterclaim’ form, or is it possible to do all this all online by attaching Word .doc or .pdf ???

Anyway, thank you all so very much for your help so far. The service provided by this forum is absolutely invaluable and I will certainly be sharing the site via Facebook as so many others could benefit from such help.:tongue2:

[Amethyst]

Re: Court Claim - Lowell Portfolio Ltd / Co-operative Bank - 4-9-2014

Reading, but just to say you made me laugh with the Screaming Lord Sutch bit... I met him once.

[Amethyst]

Re: Court Claim - Lowell Portfolio Ltd / Co-operative Bank - 4-9-2014

Looks fine to me Have amended para 3 and deleted para 4 (as they've kind of merged into one) and question on para 14 just to double check it is correct.


3. It is admitted that the Defendant has previously held a credit card with the Co-Operative Bank however does not recall the exact terms of any agreement and the Claimant’s statement of case fails to give adequate information to enable me to properly assess my position with regards the claim.


14. I have asked the Claimant if we may agree to extend the time period allowed for filing of my defence pending receipt of documents (as allowed under CPR 15.5), but they have declined. (DID YOU?? )