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

[Amethyst]

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

You can submit by email or moneyclaimonline, telephone the court business centre and check with them. If you decide to do it on paper you need to send in three copies (one for you, one for claimant, and one for court)

[nexatron]

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

Nice one Amethyst. I have amended The Defence accordingly (final attached). If all is OK, I shall dispatch it tomorrow (October 2nd) via 1st class Royal Mail signed for delivery to The Court, The Claimant and I shall obviously keep a copy for myself

Yes Screaming Lord Sutch is quite a card isn't he?

Regarding whether I requested an extension, I included this paragraph in the CPR request:

"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."

So I believe I did, didn't I?

Cheers, once again.:flame::flame::flame:Let's hope we see BC / Lowell shot down in flames.

[Amethyst]

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

Yes Screaming Lord Sutch is quite a card isn't he?

was, sadly.... mind you, we have Boris

Ref extension, indeed I believe you did ask In which case it looks good to go to me xx

[nexatron]

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

Just to let you know I submitted my defence, electronically via MCOL, this morning (saves on stamps).

Now that we've shaken the Lowell / BC tree, let's see what falls out:tinysmile_twink_t2:

[Amethyst]

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

lol, excellent.... hopefully nothing

[Kafka]

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

Sutch was a great front man. I wonder if it was the same hat he wore in the elections decades later?

https://www.youtube.com/watch?v=SIHPSeuhaxE

[nexatron]

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

LOL. I dig the axe.:tinysmile_twink_t2:

[nexatron]

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

OK people

Just to update you, I have received no documentation in response to my CCA and CPR requests to date; however I did receive these two charming letters from BC today. Yeah… sure I’m gonna accept their offers at this stage – sounds like they’re clutching at straws to me.

Apparently Lowell wishes to proceed. They can proceed forthwith to The Wickeman for all I care.:tinysmile_kiss_t4:

[MIKE770]

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

usual last ditch attempts by them it seems

[Kadafi]

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

Your bryan carter case is running pretty much the same as mine, I received my court letter on 4th September. I have also just received those two letters with an offer being made.

Bryan carter must make a killing by just using the exact same procedure time and time again. Hopefully we can both win against them!

OK people

Just to update you, I have received no documentation in response to my CCA and CPR requests to date; however I did receive these two charming letters from BC today. Yeah… sure I’m gonna accept their offers at this stage – sounds like they’re clutching at straws to me.

Apparently Lowell wishes to proceed. They can proceed forthwith to The Wickeman for all I care.:tinysmile_kiss_t4:

[nexatron]

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

I’m pretty confident that we’ll win against them. In my own case I know that they are not in possession of an enforceable CCA, as I’ve seen it when I requested it when the debt was assigned to another DCA. I believe what they’re doing here by not providing documentation is the equivalent of a poker bluff when one has a crap hand. If they pursue this, I hope to see their claim shot out of the sky, crash, and burn in flames. And I’ll be laughing whilst stoking the fire.:tinysmile_twink_t2:

[nexatron]

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

Hi all

Just to update you, I received some documentation from HMCTS this morning, a 'Notice of Proposed Allocation to the Small Claims Track’ and a 'Directions Questionnaire (Small Claims Track)'. It states that:

1. This is now a defended claim.
2. It appears that this case is suitable for allocation to the small claims track.
   
   If you believe that this track is not the appropriate track for the claim, you must complete box C1 on the Small Claims Directions Questionnaire (Form N180) and explain why.
3. You must by 24th November 2014 complete the Small Claims Directions Questionnaire (Form N180) and file it with the court office [COURT OFFICE ADDRESS] and serve copies on all other parties.

The questionnaire suggests settlement/mediation (fat chance). Now, how would I deal with this questionnaire? Should I enter into the small claims track or not? And if not, what would be a valid reason for this?

Your help in this matter is, as always, greatly appreciated.

[ncf355]

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

Depends on how certain you are about the unenforceable agreement

Small claims - no costs for either party

Fast track - costs all round

So, if you're 100% sure and want to go for costs for your time etc, Fast Track

Mediation - say 'Yes' the courts are pushing this route to try and free courts time and if you say no that could go against you in the eyes of the judge

You can get telephone conference for it (they will likely opt for this) during which you stick to your guns that no payment is forthcoming due to the lack of an enforceable agreement

Personally, I'd go for Small Claims to play it safe

You get the added bonus that they probably know damn well they are on a hiding to nothing and will withdraw the day before the hearing, at which point you can file an application to get wasted costs against them

You could speed the whole process up and apply for summary judgment on the basis they have no enforceable agreement

[Amethyst]

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

Sorry ncf, it will need to be small claims.

Mediation yes.

Have you had a copy of the claimants directions questionnaire yet?

[ncf355]

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

Hi Ame,

There's always room to argue for Fast Track (complexity, etc), SCT would by no means be set in stone for this

HOWEVER if it was me, I'd be going Small Claims!

:tinysmile_grin_t: