** DISCONTINUED ** Lowell Claim Form Northampton Court *HELP*

[Funnyman21]

Re: Lowell Claim Form Northampton Court *HELP*

To anyone just coming across this thread.

Claim Form 27th April 2017

I have acknowledged the service

Sent CPR 18 off on 02nd May

Started Defence

Can anyone tell me if I should send off a CPR 31 or is the CPR 18 would be sufficient?

Thankyou

[Diana M]

Re: Lowell Claim Form Northampton Court *HELP*

It may help if you keep everything in one place for the sake of continuity.

I see you've started another thread tonight on this same claim here > http://legalbeagles.info/forums/show...895#post724895

I have a court claim from NORTHAMPTON County Court. Issued on 27th April 2017. Debt for an Orange mobile contract from 4-5 years ago of £540.

I acknowledged service and chose defend.

Sent CPR 18 off Today.

Would a CPR 31.14 be beneficial too?

I have another thread but just had a few questions to ask.

Di

[Amethyst]

Re: Lowell Claim Form Northampton Court *HELP*

Example letters here - Defence Example || CPR 31.14 Request

[Funnyman21]

Re: Lowell Claim Form Northampton Court *HELP*

In my CPR 31, should I include the part in red which has the enclosed amount of £1..etc?

Thankyou

[Amethyst]

Re: Lowell Claim Form Northampton Court *HELP*

This is regarding a mobile contract isn't it? In which case the CCA request wouldn't apply and thus you should leave that off your CPR request ( as it refers to sending a CCA request to the creditor )

[Funnyman21]

Re: Lowell Claim Form Northampton Court *HELP*

This is regarding a mobile contract isn't it? In which case the CCA request wouldn't apply and thus you should leave that off your CPR request ( as it refers to sending a CCA request to the creditor )

So is a CPR 31.14 able to be used as it's asking for further information?

Thanks for that. So just remove the red writing that talks about the CCA?

I will send that first thing tomorrow.

[Amethyst]

Re: Lowell Claim Form Northampton Court *HELP*

Yes there should still be a contract, notice of assignment etc, it's only the requirement to provide the executed agreement copy under s.78 of the CCA that isn't applicable to most mobile phone contracts ( it applies to handset finance but not the ongoing service / useage contract )

[Funnyman21]

Re: Lowell Claim Form Northampton Court *HELP*

Thanks, I sent that off today also. What are my next steps other than rating my defence?

[Funnyman21]

Re: Lowell Claim Form Northampton Court *HELP*

I received a 5 page reply from Lowell today. I will try and upload attachments to this reply. I am yet to re read and fully understand what they are saying. Any help with this anyone please? Thanks

[Funnyman21]

Re: Lowell Claim Form Northampton Court *HELP*

In my CPR 18 I asked for:

The Agreement.
The deed of assignment.
The default warning letter.
The default notice.
Termination notice.

In their response dated 10/05/17, they have included: the Notice of Assignment, dated 10/09/14 from Orange. Then 3 other sort of letters from Lowell, telling me Orange have sold my account to them, another saying that i had not repaid my Orange account and then another headed 'Notice of Acting'. They are dated 24/03/17.

So my questions.

Do they need to provide me with everything I asked for in my CPR 18 and have they done so? As far as I can see they haven't.

They say in the letter dated 10/05/17 near to the bottom 'the account has been place on hold... blah blah.. this provides you with a further 28 days from the service date of the claim form, this case being 1 May 2017 for you to respond to the Claim form.'

That is the part I'm struggling to understand, what does the above mean exactly? As the 1st of May has been and gone?

Any help is extremely appreciated, I'm worrying now on what my next steps are.

Attachments of letters mentioned are in my previous post above this one.

Thankyou.

[charitynjw]

Re: Lowell Claim Form Northampton Court *HELP*

Your Defence filing deadline is 33 days from the claim Issue date. What is the claim Issue Date?

Thanks di. The issue date is the 27th of April 2017.

So would this make it the 30th of May?

According to my math, yes.

The claim is deemed to be served on the 5th calendar day after the issue date (CPR PD7E 5.7).
From there, 14 days to acknowledge.
If acknowledged, a further 14 days in which to submit a defence.
5+14+14=33
A futher extension of 28 days can be agreed between the parties; if so, the Defendant has to notify the court.

[Amethyst]

Re: Lowell Claim Form Northampton Court *HELP*

They have provided the notice of assignment, that's it as far as I can see. they have indicated they have asked orange for the default notice and a statement of account - no mention of the original contract though.

I think the 1 May bit is a typo and they meant to give you an extension on the defence date, but the Maths even if that should be 1 June wouldn't work out, so I would therefore disregard that and file your defence on time.

From reading back I don't think you have a defence other than querying the right of Lowell to collect on the debt and querying the terms of the contract and how the amount claimed has been reached. Lowell will know nothing about the history of the account at this stage.

Get your defence written and a draft up on here. Once that's in we can see what action Lowell take if any over the next month or so and then, if Lowell proceed, consider what your options are to avoid a CCJ.

[Funnyman21]

Re: Lowell Claim Form Northampton Court *HELP*

According to my math, yes.

The claim is deemed to be served on the 5th calendar day after the issue date (CPR PD7E 5.7).
From there, 14 days to acknowledge.
If acknowledged, a further 14 days in which to submit a defence.
5+14+14=33
A futher extension of 28 days can be agreed between the parties; if so, the Defendant has to notify the court.

That makes sense I will make sure i post my defence, do I do this a few days earlier? I.e 27th/28th?

- - - Updated - - -

They have provided the notice of assignment, that's it as far as I can see. they have indicated they have asked orange for the default notice and a statement of account - no mention of the original contract though.

I think the 1 May bit is a typo and they meant to give you an extension on the defence date, but the Maths even if that should be 1 June wouldn't work out, so I would therefore disregard that and file your defence on time.

From reading back I don't think you have a defence other than querying the right of Lowell to collect on the debt and querying the terms of the contract and how the amount claimed has been reached. Lowell will know nothing about the history of the account at this stage.

Get your defence written and a draft up on here. Once that's in we can see what action Lowell take if any over the next month or so and then, if Lowell proceed, consider what your options are to avoid a CCJ.

Thanks Amethyst, I will be getting on with my defence tonight and will post up my drafted version once completed.

[charitynjw]

Re: Lowell Claim Form Northampton Court *HELP*

Some folks prefer to leave filing until the last minute.
Others prefer to err on the safe side & file earlier.
Your choice.....but make sure that it is on time.

[MIKE770]

Re: Lowell Claim Form Northampton Court *HELP*

filing too early could lead the claimant filing a defence which trashes yours = game over or a long hectic time to try and change contents of defence = remember "More Haste = Less Speed" the day before due is best