!! Won !! Notice of impending Legal Action: 5 year old Catologue Debt

[Amethyst]

Re: Notice of impending Legal Action: 5 year old Catologue Debt

17th May + 28 days = date you put in below letter ( and letter to court )



30th April 2016

RE: Lowell Portfolio 1 Ltd -v- Mr Human Bean
Our Client: Lowell Portfolio 1 LTD Account Number: 12345678
Claim Number: 3947#### Amount Due: £2,500ish

I write in relation to the above matter.

I have received your letter in relation to my request for documents in which you note that your client has given you a minimum period of time of 45 days from the date of my request, to send the documents it is obliged to provide pursuant to the CPR.

You also state that you have notified the Court of this agreed extension of time. I am somewhat confused by this statement as I have not agreed to this extension of time, and pursuant to CPR 15.5
the defendant and the claimant may agree that the period for filing a defence specified in rule 15.4 shall be extended by up to 28 days. I am happy to agree to an extension of 28 days, as i mentioned in my letter requesting documents originally, taking us to the XXXX May 2016, however as your client set the timescales by bringing this claim, I would have expected them to already have possession of the documents required to evidence their claim and find it somewhat incongruous that they expect to bring a claim and then put it on hold for as long as they fancy while they scrabble about trying to find the documents.

Additionally, as I am sure you are already aware, the CPR states that the defendant must notify the court in writing, not the claimant. I shall inform the court that we have agreed to a 28 day extension of time pursuant to CPR 15.5 and I will be submitting my defence on the xxxxxxx May 2016. Should your client have failed to provide the documents by that time I shall consider requesting the court strike out the claim as an abuse of process.


Kind Regards

The Human Bean

[Amethyst]

Re: Notice of impending Legal Action: 5 year old Catologue Debt

Leave out the incongrous bit if you like, they just pee me off, and that's probably not even the right word

[humanbean]

Re: Notice of impending Legal Action: 5 year old Catologue Debt

17th May + 28 days = date you put in below letter ( and letter to court )



30th April 2016

RE: Lowell Portfolio 1 Ltd -v- Mr Human Bean
Our Client: Lowell Portfolio 1 LTD Account Number: 12345678
Claim Number: 3947#### Amount Due: £2,500ish

I write in relation to the above matter.

I have received your letter in relation to my request for documents in which you note that your client has given you a minimum period of time of 45 days from the date of my request, to send the documents it is obliged to provide pursuant to the CPR.

You also state that you have notified the Court of this agreed extension of time. I am somewhat confused by this statement as I have not agreed to this extension of time, and pursuant to CPR 15.5
the defendant and the claimant may agree that the period for filing a defence specified in rule 15.4 shall be extended by up to 28 days. I am happy to agree to an extension of 28 days, as i mentioned in my letter requesting documents originally, taking us to the XXXX May 2016, however as your client set the timescales by bringing this claim, I would have expected them to already have possession of the documents required to evidence their claim and find it somewhat incongruous that they expect to bring a claim and then put it on hold for as long as they fancy while they scrabble about trying to find the documents.

Additionally, as I am sure you are already aware, the CPR states that the defendant must notify the court in writing, not the claimant. I shall inform the court that we have agreed to a 28 day extension of time pursuant to CPR 15.5 and I will be submitting my defence on the xxxxxxx May 2016. Should your client have failed to provide the documents by that time I shall consider requesting the court strike out the claim as an abuse of process.


Kind Regards

The Human Bean

To Amethyst,
Thank you, what a wonderful letter! :goodjob:
Thank you for giving me some of your valuable time & expertise!

I get the letter (its a great response, I will keep the 'incongruous' bit).
If you will excuse me, I'm still a little confused:duh:, can I ask 2 simple questions?

1) In the two areas of the letter which I have high-lighted in purple am I right in thinking the correct date would be 17th May + 28day extension = 14th June?
I only ask as in the letter it says both times xxxxxxx May ...
(May 17th is the time of the original deadline, when in fact it would be 14th June with the extension (17th May + 28 days)
So am I right in thinking I would put 14th June in both those slots?
(Is that what you meant in your other post)

2) Should I email this letter or send it 'SIGNED FOR 1st Class Royal mail (with copies )?

Ever so grateful for your help:okay:
Looking forward to your reply
the bean

[Kati]

Re: Notice of impending Legal Action: 5 year old Catologue Debt

To Amethyst,
Thank you, what a wonderful letter! :goodjob:
Thank you for giving me some of your valuable time & expertise!

I get the letter (its a great response, I will keep the 'incongruous' bit).

I liked that bit too HB xx

If you will excuse me, I'm still a little confused:duh:, can I ask 2 simple questions?

1) In the two areas of the letter which I have high-lighted in purple am I right in thinking the correct date would be 17th May + 28day extension = 14th June?
I only ask as in the letter it says both times xxxxxxx May ...
(May 17th is the time of the original deadline, when in fact it would be 14th June with the extension (17th May + 28 days)
So am I right in thinking I would put 14th June in both those slots?
(Is that what you meant in your other post)

2) Should I email this letter or send it 'SIGNED FOR 1st Class Royal mail (with copies )?

Ever so grateful for your help:okay:
Looking forward to your reply
the bean

1) well ... 28 days from 17th May is 14th June, so if your defence was due May 17th, then June 14th is the date you need :nod:
2) email's easy (but only if you've been corresponding with the company that way previously) ... (IMO) to be on the safe side you should at least send a second copy via snail mail xx

[charitynjw]

Re: Notice of impending Legal Action: 5 year old Catologue Debt

I liked that bit too HB xx
1) well ... 28 days from 17th May is 14th June, so if your defence was due May 17th, then June 14th is the date you need :nod:
2) email's easy (but only if you've been corresponding with the company that way previously) ... (IMO) to be on the safe side you should at least send a second copy via snail mail xx

Obtain proof of posting (Free cert of posting, or better still SignedFor post)

[basa48]

Re: Notice of impending Legal Action: 5 year old Catologue Debt

I fought Shop Direct a few years back about a catalogue debt that somehow became a credit arrangement.

They used to do this after you'd ordered a few items by suddenly starting to give you credit. An actual Credit Agreement was never signed but Shop Direct claim that by ordering and accepting goods you have entered and agreed to a credit agreement, the T&Cs being within their catalogue and any statements they send.

I took them to court to reclaim payments and interest not agreed to in a Credit Agreement. They lost and the outstanding debt was written off - although the judge did rule he thought it was a step too far to repay me charges and interest seeing they had already effectively not been paid for the goods received.

[humanbean]

Re: Notice of impending Legal Action: 5 year old Catologue Debt

17th May + 28 days = date you put in below letter ( and letter to court )



30th April 2016

RE: Lowell Portfolio 1 Ltd -v- Mr Human Bean
Our Client: Lowell Portfolio 1 LTD Account Number: 12345678
Claim Number: 3947#### Amount Due: £2,500ish

I write in relation to the above matter.

I have received your letter in relation to my request for documents in which you note that your client has given you a minimum period of time of 45 days from the date of my request, to send the documents it is obliged to provide pursuant to the CPR.

You also state that you have notified the Court of this agreed extension of time. I am somewhat confused by this statement as I have not agreed to this extension of time, and pursuant to CPR 15.5
the defendant and the claimant may agree that the period for filing a defence specified in rule 15.4 shall be extended by up to 28 days. I am happy to agree to an extension of 28 days, as i mentioned in my letter requesting documents originally, taking us to the XXXX May 2016, however as your client set the timescales by bringing this claim, I would have expected them to already have possession of the documents required to evidence their claim and find it somewhat incongruous that they expect to bring a claim and then put it on hold for as long as they fancy while they scrabble about trying to find the documents.

Additionally, as I am sure you are already aware, the CPR states that the defendant must notify the court in writing, not the claimant. I shall inform the court that we have agreed to a 28 day extension of time pursuant to CPR 15.5 and I will be submitting my defence on the xxxxxxx May 2016. Should your client have failed to provide the documents by that time I shall consider requesting the court strike out the claim as an abuse of process.


Kind Regards

The Human Bean

Hi Amethyst (& ALL) :tea:

UPDATE

I sent the (above) excellent 'no-nonsense' response to Cohen
Cramer Solicitors ('Royal Mail 1st class Signed for' on Tuesday 3rd May). That was a very fitting response, and better than I could have crafted, thank you again Amethyst:rockon:

By Friday late afternoon, I got a little in-patient, so I phoned up Cohen Cramer to find out what their response was. I spoke to a guy in their office, who seemed at pains to explain to me how Cohen Cramer, by 'allowing' an (open-ended) extension time to end 14 days after they have supplied the documents, was only Cohen Cramer looking out for my interests, to allow me time to inspect the documents and to fully consider my position, before deciding how best to continue. ( ! ).

(Of course it was to get me to naively agree something detrimental to my defence, to give them unlimited time to produce CPR Paperwork),
(He must think I fell off the back of a West Yorkshire bus and banged my head :flypig

I reminded him of CPR 15.5 (I had not agreed to this extension 'agreement' they had already informed the court of)
Also CPR 15.4 (If more time is needed, then I am happy to agree to an extension of up to 28 days, but not the open-ended one they proposed)
It was re-iterated their client (Lowell) needed a minimum of 45 days to produce the documents, so
I asked again if Cohen Cramer would like a 28 day extension to bring the DEFENCE DEADLINE to 14th June?
This time he conferred with a colleague, then said 'yes' (phew - what a palaver)
I asked for it to be put in writing ..
------------------------------------------------------------------------------------------------------------------
Yesterday, Wednesday the 11th of May I received a short letter from them
(It reads .. )

'Dear Mr Bean,

Re: Claim no 1234567
Lowell Portfolio -v- Mr Human Bean

We refer to the above matter.
Further to recent discussions, we can confirm that we have accepted your proposal for an extended response period and that your account has been put on hold until the 14th June 2016.

We can also confirm that no further action will be taken in regards to the above claim until after the 14th June 2016.'
------------------------------------------------------------------------------------------------------------------


I hope Cohen Cramer's above confirmation of my 28 day extension
looks okay? Call it paranoia if you must, but my instinct is these guys are very tricky.


My next job is to inform the Court of our agreed extension, making sure they know this agreement overrides Cohen Cramer's last notification of an 'agreement' we apparently made!:director:
So now I'm off to compose an email to the Court!

The Bean :bathbaby:

[humanbean]

Re: Notice of impending Legal Action: 5 year old Catologue Debt

Hi ALL,

below is my email to the County Court informing them of my agreed extension with Cohen Cramer Solicitors/ Lowell Portfolio 1 Ltd.
Hope I did okay, feedback appreciated on my progress!:love:
------------------------------------------------------------------------------------------------------------------
Lowell Portfolio 1 Ltd -v- ME (Mr Human Bean)
'SUBJECT: Court claim 1234567

To the Manager of the court,


I'm aware Cohen Cramer Solicitors have already informed you of an extension 'agreement' of time to end 14 days after they have supplied the documents requested.
This email is to say they informed you of this extension, without my agreement.
I have been in touch with them by letter and telephone and explained I am willing to offer them a 28 day extension (in keeping with CPR 15.4), but not an open-ended extension.


In response to this, they have agreed to a 28 day extension, in order for me to bring my Defence and for Cohen Cramer & Lowell Portfolio 1 Ltd to produce requested CCA & CPR 31.14 documents for my inspection.
This new 28 day extension, from the original DEADLINE of Tuesday 17th May, takes us through to a new DEFENCE DEADLINE of 14th June 2016.


(This new 28 day extension agreed by both parties overrides Cohen Cramer's previous notification to yourselves of an 'open-ended' extension 'agreement').




I would be grateful if you could update your records and send me an email confirmation you have received this notification.


Yours faithfully.
Mr. Human Bean
------------------------------------------------------------------------------------------------------------------

Am going to start on my defence soon,
ALL feedback very much appreciated
Much Respect
The Bean

- - - Updated - -

[humanbean]

Re: Notice of impending Legal Action: 5 year old Catologue Debt

Hi ALL,
HELP NEEDED !! :help::help::help:

ccbcdefendants@hmcts.gsi.gov.uk

QUESTION: IS THIS THE RIGHT ADDRESS TO CONTACT THE NORTHAMPTON COUNTY COURT? (to inform them of an agreed 28 day extension?)

(hope so, informed them 2 days ago using this address and am awaiting a confirmation response).

------------------------------------------------------------------------------------------------------------------------------------------------------

ALSO: I've started to formulate my DEFENCE using a Legal Beagal Template (in fact I'm using the same as I used last time)

My 'DEFENCE' will include:

1) My filled in 'TEMPLATE' ( focusing on their inability to present CCA & CPR documents for my inspection. I will display it on this thread before I send it).

2) A filled in copy of FORM N9B (SDT)

QUESTION: DO I NEED TO INCLUDE ANY OTHER INFORMATION OR PAPERWORK?

For example, copies of my CCA Request to Lowell and my CPR Request to Cohen Cramer? My (with Amethyst's amazing help) letter to Cohen Cramer rejecting their open-ended extension and offering 28 days instead, or my email to Cohen Cramer highlighting my telephone conversation when I phoned up to ask to inspect CPR documents and agree an extension?

QUESTION: AM I RIGHT IN THINKING I SEND THE MASTERCOPY TO THE COURT AND A COPY TO BOTH LOWELLS AND COHEN CRAMER SOLICITORS?

Thank you everybody in advance !! :okay::okay::okay: Not just any bean ( The Bean ) :grin:

I LOOK FORWARD TO YOUR HELPFUL REPLIES, I HOPE TO WRAP MOST OF THIS WORK UP SOON WITH YOUR HELP & GOD WILLING !!

[Kati]

Re: Notice of impending Legal Action: 5 year old Catologue Debt

:bump: for [MENTION=55034]nemesis45[/MENTION] xx

[humanbean]

Re: Notice of impending Legal Action: 5 year old Catologue Debt

Hi ALL,:yo:

I have just finished my ' Defence', which I have pasted below ..
If anyone could have a look at it and do a bit of 'proof reading' I would be very grateful!

The only thing I can see at the moment is that in part 7, I state that:
'7) The Defendant does not recall that Shop Direct served any Default Notice on the Defendant pursuant to s87 Consumer Credit Act 1974. The Claimant is required to prove that a compliant Default Notice was served upon the Defendant.'

I included Part 7, but I'm not sure if the Defendant is allowed to bring up a Default Notice not being served, if the CLAIMANT doesn't mention the Default Notice in the 'Particulars of Claim'? :confused2:
If I need to take Part 7 out, no problem. Please let me know.
-----------------------------------------------------------------------------
I've included the 'PARTICULARS OF CLAIM' off my CLAIM FORM again, if this makes it easier to check through what I can and cant say in my defence.

'PARTICULARS OF CLAIM'
---------------------------
The claim is for the sum of £2200 due by the Defendant under a non-regulated Shop-Direct account reference of M#########
The Defendant failed to maintain contractual payments required under the terms of the account agreement.
The debt was legally assigned to the claimant on 06/Dec/2010, notice of which has been given to the defendant. The claim includes statutory interest under S.69 of the County Courts Act 1984 at a rate of 8% per annum from the date of assignment to the date of issue of these proceedings in the sum of £177ish
The Claimant claims the sum of £2400.00 (ish)
----------------------------

MY DEFENCE (below)



IN THE NORTHAMPTON COUNTY COURT (CCBC)


In the matter of:

LOWELL PORTFOLIO 1 LTD CLAIMANT

and

Mr HUMAN BEAN DEFENDANT



Court Claim 1234567

My Defence




1: I received the Claim 1234567, Dated 14^th April 2016, from the Northampton County Court through the post on 16^th April 2016.

2: Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.

3: This claim appears to be for a Catologue Account agreement regulated under the Consumer Credit Act 1974.

4: The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim.

5. The particulars of the claim fail to state when the agreement was entered into.

6. The Claimants statement of case states that the account was assigned to LOWELL PORTFOLIO 1 Ltd on 6^th Dec 2010. The Defendant does not recall receiving notice of this assignment.

7. The Defendant does not recall that Shop Direct served any Default notice on the Defendant pursuant to s87 Consumer Credit Act 1974. The Claimant is required to prove that a compliant Default Notice was served upon the Defendant.

8: On the 23^rd April 2016 I sent a request for inspection of documents mentioned in the claimants statement of case under Civil Procedure Rule 31.14 to COHEN CRAMER SOLICITORS. I requested the Claimant provide copies of the Credit Agreement and the Notice of Assignment .

9. COHEN CRAMER SOLICITORS has not sent any of these documents to me.

10. On both the 18^th April 2016 and 20^th April 2016 I sent a formal request for a copy of the original Consumer Credit Agreement to LOWELL PORTFOLIO 1 LTD pursuant to my entitlement under section 78 of the Consumer Credit Act 1974 along with the statutory £1 fee.

11. LOWELL PORTFOLIO 1 LTD has not sent a copy of the original Consumer Credit Agreement to me. The Claimant has failed to comply with section 78 (1) of the Consumer Credit Act 1974 and by virtue of section 78 (6) of the Consumer Credit Act 1974 cannot enforce the agreement.

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). The Parties agreed to an extension to the time period allowed for filing of my defence under CPR 15.5 to allow the Claimants additional time to produce the relevant documentation to evidence their claim. They still have not been able to provide this evidence.

13. Under Civil Procedure Rule 16.5 (4) Where the claim includes a money claim, a defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation. Therefore, It is expected that the Claimant be required to prove the allegation that the money is owed as claimed.

14. I request the court orders the Claimants to provide the necessary documentation in order for me to fully plead my case else the Claim should stand struck out.

15. In the event that the relevant documents are received from the Claimants I will then be in a position to amend my defence, and would ask that the Claimants bear the costs of the amendment.

16. It is denied that the Claimant is entitled to the relief as claimed or at all.

Statement of Truth

The Defendant believes that the facts stated in this Defence are true.



Signed …………………………………..


Dated ................................................……


----------------------------------------------------------------------------------------------------------------------------------------------------


As soon as I get feedback I will get cracking on this. My new Defence DEADLINE isn't until 14th June 2016, but I would love to get this work out of the way as I have a busy month. Obviously If they produce CCA & CPR documents I will have to re-think!

MANY THANKS FOR ALL YOUR FEEDBACK:thumb: ray: I'm praying I get through this ray:
THANK YOU FRIENDS :hug:
The Bean

[humanbean]

Re: Notice of impending Legal Action: 5 year old Catologue Debt

Hi ALL, :help::help::help: HELP PLEASE. Thank you
GETTING THIS DONE WILL HELP ME MANAGE MY STRESS :twitch:




I have received a letter dated 16th May 2016 from Lowell (The Claimant) in response to my recent CCA request. --------------------------------------

They say, ..

' We are in receipt of your recent written request for a copy of your executed credit agreement under S77(1) and / or 78(1) of the Consumer Credit Act 1974.
This account is currently managed by Lucas Credit Services Ltd. They are aware of your recent request, however please correspond with them directly regarding this account using the following details:

2a 606 Business Park
Staithgate Lane
Bradford
BD6 1YA
Email: help@lucascreditservices.co.uk
Tel: 01274 957060

We trust this is satisfactory
yours sincerely
Customer Services Manager '

MY QUESTIONS ARE:
(please note their wording I highlighted):
1) AS I HAVE FORMALLY REQUESTED A COPY OF MY CONSUMER CREDIT AGREEMENT FROM THE CLAIMANT (LOWELL), ISNT IT THEIR RESPONSIBILITY TO GO ROOTING ABOUT FOR IT?
OR SHOULD I SHOW WILLING AND CHASE UP LUCAS CREDIT SERVICES RE: THE CCA ?


2) Could anyone please have a look through my previously posted 'DEFENCE' (I'm focusing on their inability to provide CCA & CPR Documents. Am not sure about statement No. 7, can I mention a I don't recall getting a Default Notice from Shop Direct, if they don't mention a Default Notice in the Claim 'POC' ?

3) And lastly, what do I need to include with my Defence?
I know I need my filled in copy of FORM N9B (SDT) and also my personalized Template.
Should I provide copies of my communications with Lowell and Cohen Cramer requesting CPR/ CCA documents and time extension etc ?

Thank you in advance.
bean :twitch:

I'm hoping I can get this all done this week as want to go for a much needed break with my family, so would be ever so grateful for some swift feedback and I'll get cracking.

[nemesis45]

Re: Notice of impending Legal Action: 5 year old Catologue Debt

I'll read through all this, this evening HB

nem

[Amethyst]

Re: Notice of impending Legal Action: 5 year old Catologue Debt

This sounds abaolutely fine - I've just corrected spelling of catalogue and take My off Defence otherwise it's spot on. The DN bit is perfectly ok to include.



IN THE NORTHAMPTON COUNTY COURT (CCBC)


In the matter of:

LOWELL PORTFOLIO 1 LTD CLAIMANT

and

Mr HUMAN BEAN DEFENDANT



Court Claim 1234567

Defence




1: I received the Claim 1234567, Dated 14^th April 2016, from the Northampton County Court through the post on 16^th April 2016.

2: Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.

3: This claim appears to be for a Catalogue Account agreement regulated under the Consumer Credit Act 1974.

4: The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim.

5. The particulars of the claim fail to state when the agreement was entered into.

6. The Claimants statement of case states that the account was assigned to LOWELL PORTFOLIO 1 Ltd on 6^th Dec 2010. The Defendant does not recall receiving notice of this assignment.

7. The Defendant does not recall that Shop Direct served any Default notice on the Defendant pursuant to s87 Consumer Credit Act 1974. The Claimant is required to prove that a compliant Default Notice was served upon the Defendant.

8: On the 23^rd April 2016 I sent a request for inspection of documents mentioned in the claimants statement of case under Civil Procedure Rule 31.14 to COHEN CRAMER SOLICITORS. I requested the Claimant provide copies of the Credit Agreement and the Notice of Assignment .

9. COHEN CRAMER SOLICITORS has not sent any of these documents to me.

10. On both the 18^th April 2016 and 20^th April 2016 I sent a formal request for a copy of the original Consumer Credit Agreement to LOWELL PORTFOLIO 1 LTD pursuant to my entitlement under section 78 of the Consumer Credit Act 1974 along with the statutory £1 fee.

11. LOWELL PORTFOLIO 1 LTD has not sent a copy of the original Consumer Credit Agreement to me. The Claimant has failed to comply with section 78 (1) of the Consumer Credit Act 1974 and by virtue of section 78 (6) of the Consumer Credit Act 1974 cannot enforce the agreement.

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). The Parties agreed to an extension to the time period allowed for filing of my defence under CPR 15.5 to allow the Claimants additional time to produce the relevant documentation to evidence their claim. They still have not been able to provide this evidence.

13. Under Civil Procedure Rule 16.5 (4) Where the claim includes a money claim, a defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation. Therefore, It is expected that the Claimant be required to prove the allegation that the money is owed as claimed.

14. I request the court orders the Claimants to provide the necessary documentation in order for me to fully plead my case else the Claim should stand struck out.

15. In the event that the relevant documents are received from the Claimants I will then be in a position to amend my defence, and would ask that the Claimants bear the costs of the amendment.

16. It is denied that the Claimant is entitled to the relief as claimed or at all.

Statement of Truth

The Defendant believes that the facts stated in this Defence are true.



Signed …………………………………..


Dated ................................................……


----------------------------------------------------------------------------------------------------------------------------------------------------

[humanbean]

Re: Notice of impending Legal Action: 5 year old Catologue Debt

Hi ALL. Sorry to bump.
I fly to Cyprus on Saturday for time with family, was hoping someone could just give me a little help before I go re: answer 3 questions in my post #57 ?

They are quite simple really, I just don't know the answers.

1) Can I mention their failure to serve a Default Notice in my statement of Defence (see above, my statement 7.), if they don't mention it in the 'particulars of claim' (POC) ?


2) What do I need to include with my Defence?
I know I need my filled in copy of FORM N9B (SDT) and also my personalized 'DEFENCE' Template.
I'm guessing I should also provide copies of my communications with Lowell and Cohen Cramer Solicitors .. ?


3) LASTLY:
I have received a letter dated 16th May 2016 from Lowell (The Claimant) in response to my recent CCA request.
They say, .. ' We are in receipt of your recent written request for a copy of your executed credit agreement under S77(1) and / or 78(1) of the Consumer Credit Act 1974.
This account is currently managed by Lucas Credit Services Ltd. They are aware of your recent request, however please correspond with them directly regarding this account using the following details ..'

My question is: AS I HAVE FORMALLY REQUESTED A COPY OF MY CONSUMER CREDIT AGREEMENT FROM THE CLAIMANT (LOWELL), ISNT IT THEIR RESPONSIBILITY TO GO ROOTING ABOUT FOR IT?
OR SHOULD I SHOW WILLING AND CHASE UP LUCAS CREDIT SERVICES RE: THE CCA ?

(I seem to remember being told to chase up CPR, but not CCA)

As I'm snatching some time away from Saturday onwards (a break !! I so need it !) I was hoping to have my Defence already prepared. I think I can do it, with every bodies help if I can just get answers for these 3 questions.

Thank you everyone
bean