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My partner has just received a letter from county court business centre. Lowells are claiming a debt of 762.34 total. It is originally a debt from Provident Personal Credit, a company she has had dealings with previously but not for she believes to be over six years. She wants to contest the case. She has not previously received any letters from Lowells.
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Follow the First Steps guide and we'll go from there.COMPLETING AN N180 DIRECTIONS QUESTIONNAIRE (SMALL CLAIMS TRACK) GUIDE
My posts here are based on my experience of a variety of life events. I have no formal legal training & if in doubt take professional legal advice or contact CAB. If you follow anything I write here you do so at your own risk & I accept no liability for any loss, costs or other outcomes.
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Hi I have sent a CPR 31.14 request to Lowells solicitors. Today I have received a letter from them. In it they state that copies of the agreements requested have been requested. when they receive a response they will forward them to me. Then they have put in 'You will appreciate that we are unable to control the time within which we receive a response from our client'. What response should I give to this letter? I know I am against the clock in regards of sending in my defence. Any help would be much appreciated.Comment
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Hopefully per the first steps you have acknowledged service and now you wait. If they do not avail you of the documents in time to file a defence you will file one based on the Example Defence.Originally posted by Sussex View PostCOMPLETING AN N180 DIRECTIONS QUESTIONNAIRE (SMALL CLAIMS TRACK) GUIDE
My posts here are based on my experience of a variety of life events. I have no formal legal training & if in doubt take professional legal advice or contact CAB. If you follow anything I write here you do so at your own risk & I accept no liability for any loss, costs or other outcomes.
Private messages are disabled as help is only offered publicly. I do not come on here in the evening, at weekends or on public holidays.Comment
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Thanks. I was worried in what to do with not getting the documents. I have looked at the example defence and will get the defence ready for posting in case of no reply from Lowells solicitors. My belief is that it would be time barred but we shall wait for the documents. Thanks againComment
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Why do you believe it is statute barred?Originally posted by Sussex View PostCOMPLETING AN N180 DIRECTIONS QUESTIONNAIRE (SMALL CLAIMS TRACK) GUIDE
My posts here are based on my experience of a variety of life events. I have no formal legal training & if in doubt take professional legal advice or contact CAB. If you follow anything I write here you do so at your own risk & I accept no liability for any loss, costs or other outcomes.
Private messages are disabled as help is only offered publicly. I do not come on here in the evening, at weekends or on public holidays.Comment
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[QUOTE=jaguarsuk;n1466898]
Why do you believe it is statute barred?[/QUOTE
My partner believes that the loan was taken out prior to December 2012. Of course until we get the papers from Lowells solicitors I cannot know that it is over six years. On the court papers they only list two agreement numbers but give no dates. I hope that makes sense.Comment
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[QUOTE=Sussex;n1466995]It is not when the loan was taken out that will determine whether it is statute barred, it is when either it defaulted or the last payment was made, which ever is the latter. Even if you paid £1 in the last six years to keep the debt collector off your back that clock reset to zero right there and then!Originally posted by jaguarsuk View Post
You need to pursue all possible defences not just Statute Barred.COMPLETING AN N180 DIRECTIONS QUESTIONNAIRE (SMALL CLAIMS TRACK) GUIDE
My posts here are based on my experience of a variety of life events. I have no formal legal training & if in doubt take professional legal advice or contact CAB. If you follow anything I write here you do so at your own risk & I accept no liability for any loss, costs or other outcomes.
Private messages are disabled as help is only offered publicly. I do not come on here in the evening, at weekends or on public holidays.Comment
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Hi again, just received DQ form from the court but still have not received any of the documents from the claimant as per CPR 31.14 request. Am I correct in completing the DQ form with yes to mediation and putting in my local court. I am just not sure what is likely to happen afterwards due to not having the information requested to make a proper defence. Thanks in advance.Comment
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Please see the link in my signature for a guide to completing N180COMPLETING AN N180 DIRECTIONS QUESTIONNAIRE (SMALL CLAIMS TRACK) GUIDE
My posts here are based on my experience of a variety of life events. I have no formal legal training & if in doubt take professional legal advice or contact CAB. If you follow anything I write here you do so at your own risk & I accept no liability for any loss, costs or other outcomes.
Private messages are disabled as help is only offered publicly. I do not come on here in the evening, at weekends or on public holidays.Comment
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It's what i neededComment
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