** DISCONTINUED ** Court Claim - LOWELL / J D WILLIAMS - 25-3-2015

[StoneLaughter]

Received a claim? Yes
Issue Date: 25-3-2015
Amount approx: 886.45
Claimant: LOWELL
Solicitor: BRYAN CARTER
Original Credit: J D WILLIAMS

Particulars of Claim:
THIS CLAIM IS FOR 700.85, THE AMOUNT DUE UNDER AN AGREEMENT BETWEEN THE ORIGINAL CREDITOR AND THE DEFENDANT TO PROVIDE FINANCE AND/OR SERVICES AND/OR GOODS.

THIS DEBT WAS ASSIGNED TO/PURCHASED BY LOWELL PORTFOLIO I LTD ON 27/3/2014 AND NOTICE SERVED PURSUANT TO THE LAW OF PROPERTY ACT 1925

PARTICULARS
RE- JD WILLIAMS
A/C NO XXXXXXXXXX

AND THE CLAIMANT CLAIMS 700.85

THE CLAIMANT ALSO CLAIMS STATUTORY INTEREST PURSUANT TO S.69 OF THE COUNTY COURT ACT 1984 AT A RATE OF 8% PER ANNUM
FROM THE DATE OF ASSIGNMENT OF THE AGREEMENT TO DATE BUT LIMITED TO A MAXIMUM OF ONE YEAR AND A MAXIMUM OF 1000 AMOUNTING TO 55.60

Stat Barred? No

Have sent: Acknowledged the Claim, Sent a CCA request, Sent a CPR 31.14 request

Other Info:
We made a mistake - we called the solicitor with a view to making a reduced offer. We understand in hindsight that this may weaken our case however I'm wondering if this comes under Privilege and would therefore be inadmissable by them?

[Amethyst]

Re: Court Claim - LOWELL / J D WILLIAMS - 25-3-2015

Hi Stoney, nice to see you xx

As it was an offer it should be without prejudice so they shouldn't be able to use it against you. Presumably they turned down the offer.

When did you call them, before you sent them the CPR and CCA requests or more recently ?

Do you know when about the catalogue account was opened ?

BC and Lowell aren't great at getting documents and are discontinuing in droves at the moment so fingers crossed for you they don't have anything to support the claim.

Sharon
xxx

[StoneLaughter]

Re: Court Claim - LOWELL / J D WILLIAMS - 25-3-2015

Hi Sharon! :-D

We called before we did anything else (including coming here) - hopefully you're right and it's privileged and without prejudice. As per your guides we received the letter attached today but I just wanted to check something; they say that "...in any event the <documents> left the control of the Claimant when they were dispatched to you."

Is this anything to worry about? I know they're still bound to 27.2 but do they have a defence to their requirement to provide here?

[StoneLaughter]

Re: Court Claim - LOWELL / J D WILLIAMS - 25-3-2015

BTW - not only did they turn down the offer, they repeatedly asserted that they were unable to do so as Action had commenced; they also asserted that they were "unable" to speak to their client... as if filing an N1 was the end of the known universe and that they held all the cards with the only option being for us to abase ourselves before the Judge and beg for clemency... the whole thing is laughable.

Thanks for helping XX

[StoneLaughter]

Re: Court Claim - LOWELL / J D WILLIAMS - 25-3-2015

OK - what now? They sent the enclosed letter - so what do we do now?

[pt2537]

Re: Court Claim - LOWELL / J D WILLIAMS - 25-3-2015

Their refusal is pretty unreasonable, however you now need to think about two things

Do you want to

1) Apply to the court for an extension and cite their unreasnable conduct, or:
2) file a Defence

If i were dealing with this professionally i would be advising an application followed by a complaint to the FCA and cc'd to Brian Cretins an co, but thats just me and i appreciate some people are concerned bout applying to the Court

- - - Updated - - -

Just to add, if you file a Defence and later need to amend it ( you cannot raise at trial matters not already pleaded) you will be liable for the costs of the amendment, so its better to knock it into shape now not later.

[StoneLaughter]

Re: Court Claim - LOWELL / J D WILLIAMS - 25-3-2015

Well as time is marching on and we haven't even started a defence, I would think we should apply to Court for an extension. Could you start me on the path please?

[StoneLaughter]

Re: Court Claim - LOWELL / J D WILLIAMS - 25-3-2015

Anyone?

[Amethyst]

Re: Court Claim - LOWELL / J D WILLIAMS - 25-3-2015

You don't apply to court for an extension, you ask the claimant to agree an extension of 28 days with you, then inform the court you have agreed extension until xxxxx date. I'll grab link for you for an idea....

here -> http://www.legalbeagles.info/forums/...filing-defence

[Amethyst]

Re: Court Claim - LOWELL / J D WILLIAMS - 25-3-2015

Okay that's pointless they've refused (should have read back first!). So file the defence on the standard, no flaming documents and unreasonably turned down request for extension as per http://www.legalbeagles.info/forums/...t-Court-Claims


12: 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.

[StoneLaughter]

Re: Court Claim - LOWELL / J D WILLIAMS - 25-3-2015

Thanks! :-)

[pt2537]

Re: Court Claim - LOWELL / J D WILLIAMS - 25-3-2015

sorry,not getting any updates from new posts

[StoneLaughter]

Re: Court Claim - LOWELL / J D WILLIAMS - 25-3-2015

Right - defence printed. I'll mash up a copy and post it here without vital statistics.

[pt2537]

Re: Court Claim - LOWELL / J D WILLIAMS - 25-3-2015

one word of caution, if you lodge a defence, then you MUST amend it before trial. I have been presented papers today where the litigant in person went to court with a defence that he could not plead, and didnt amend before trial.

When they arrived in Court the LIP waso nly allowed to rely on the pleaded Defence as it stood, unfortunately the Court found against them because key points which were being raised were not pleaded therefore we not admissible.

There is also a recent case which gives guidance on amendments late in the day and its not in the litigants favour (see Quah Su Ling v Goldman Sachs)

If you do lodge a "i cant say anything" defence then the moment you get disclosure you must apply to amend, you may also be ordered to pay the costs of the amendment too.

Its important that this is clear as errors can come back to bite you later

[StoneLaughter]

Re: Court Claim - LOWELL / J D WILLIAMS - 25-3-2015

It just pisses me off that they're trying to make it look like the only possible course is the one they lay out. They're trying to play "God".