Unless Order

[Olliesfrog]

Hi Everyone

Im hoping someone can help me, I have been dealing with Lowells/Bryan Carter for a while now, anyway yesterday I received a Notice of Proposed Allocation to the Small ClaimsTrack, I have filled this out and will post later today. I'm not sure what happens now, am I waiting for a court date? Also i've heard something about an Unless Order, can someone please tell me when do I send this to the court, is it after I get my court dates or send it now. I have followed with the 3 letter template CPR18 etc, still they haven't produced any original documents.

Would be grateful for any help

Thanks

[nemesis45]

Re: Unless Order

Hi welcome to LB,
Yes you are waiting on the court process to run on.
Am unless order is used to require the claimant to
supply for example a documents on which they intend
to rely on but have not disclosed it. You may not need
to do this. I presume you have made the usual requests
for information i.e. a CCA request (if applicable) and
a CPR 31.14 request for the documents mentioned in
the particulars of claim?

nem

[Olliesfrog]

Re: Unless Order

Hi Nem

Yes I first sent them the 3 letters, then followered with my CPR18, now I have this Notice of Proposed Allocation, all documents they have sent are photo copies of statements, which I never asked for, they actually put in a letter that they cannot give me the original documents as they were bought as a bundle and other peoples information may also be in with the bundle!!!! I dont know what to do next or what I'm waiting on. Can you help please.

[nemesis45]

Re: Unless Order

Hi Nem

Yes I first sent them the 3 letters, then followered with my CPR18, now I have this Notice of Proposed Allocation, all documents they have sent are photo copies of statements, which I never asked for, they actually put in a letter that they cannot give me the original documents as they were bought as a bundle and other peoples information may also be in with the bundle!!!! I dont know what to do next or what I'm waiting on. Can you help please.

Non compliance with a CCA request renders the debt unenforceable until the agreement or a compliant reconstituted agreement is produced.
They cannot rely on statements alone.

Have they sent any copies of Terms and Conditions with the statements?
It it's not your fault they cannot find the documents you have requested
and it's nonsense to my mind talking about a " bundle "of agreement s or what
ever, debt is sold in portfolio lots on electronic media.

It would help a lot if you could post up a copy of the claim form and the letter (s)
you have received ( remove personal identifiers first) the we can see the whole
picture.

nem

[Olliesfrog]

Re: Unless Order

will do thank you

[FlamingParrot]

Re: Unless Order

Hi Everyone

Im hoping someone can help me, I have been dealing with Lowells/Bryan Carter for a while now, anyway yesterday I received a Notice of Proposed Allocation to the Small ClaimsTrack, I have filled this out and will post later today. I'm not sure what happens now, am I waiting for a court date?

Hi
Yes that's part of the process, unless they decide to discontinue the claim because they can't find the documents. Once a hearing is scheduled, they'll be ordered to supply the paperwork at least 14 days prior to the hearing date. :thumb:

Also i've heard something about an Unless Order, can someone please tell me when do I send this to the court, is it after I get my court dates or send it now.

An Unless Order is used to enforce a CPR 31.14 or Part 18 request, it's an application to the court to force them to disclose the documents requested under CPR 31.14 or answer the questions asked in a Part 18 request. It's not an essential part of the process so you won't have to do/send one. Parts 18 and 31 of the CPR do not apply to small claims so once the claim is allocated, you wouldn't be able to take advantage of an Unless Order even if you wanted to, your application would be dismissed on the basis that it's been allocated to small claims. :ohwell:

I have followed with the 3 letter template CPR18 etc, still they haven't produced any original documents.

The 3 letter template? :scared: Now I'm beginning to worry! :mmph: Did you follow that method BEFORE OR AFTER the claim was issued?

Did you send a CPR 31.14 request and a CCA request?

We'll really need to see what you sent prior to submitting your defence and also what you submitted as your defence as well as the full details of the claim. :typing

[Nibbler]

Re: Unless Order

ShopDirect agreement here?

When from?