Lowell County Court claim crisis

[Madrigal]

Re: Lowell County Court claim crisis

Thank you! Very much appreciated.

[Madrigal]

Re: Lowell County Court claim crisis

I need to get my CPR 18 letter done, but I want to make sure I'm asking for the right documents. I assume a copy of the alleged agreement with Sigma, the default notice and the notice that the agreement was assigned to Lowell, but is there anything else? How should I word that?

To add to the stress, I'm going away in 2 days and will have no access to a printer. Also, my internet has died and I'm struggling to even post here with my computer tethered to my mobile. Freaking out a bit... :/

[charitynjw]

Re: Lowell County Court claim crisis

I need to get my CPR 18 letter done, but I want to make sure I'm asking for the right documents. I assume a copy of the alleged agreement with Sigma, the default notice and the notice that the agreement was assigned to Lowell, but is there anything else? How should I word that?

To add to the stress, I'm going away in 2 days and will have no access to a printer. Also, my internet has died and I'm struggling to even post here with my computer tethered to my mobile. Freaking out a bit... :/

Why CPR 18?

[Kati]

Re: Lowell County Court claim crisis

I need to get my CPR 18 letter done, but I want to make sure I'm asking for the right documents. I assume a copy of the alleged agreement with Sigma, the default notice and the notice that the agreement was assigned to Lowell, but is there anything else? How should I word that?

To add to the stress, I'm going away in 2 days and will have no access to a printer. Also, my internet has died and I'm struggling to even post here with my computer tethered to my mobile. Freaking out a bit... :/

Yep ... those three are mentioned on the claim form

Here's a link to our template CPR that you could edit http://legalbeagles.info/forums/show...ic-information

[Madrigal]

Re: Lowell County Court claim crisis

In the link you gave me earlier in the thread about basic first steps it says I have to send one?

[Kati]

Re: Lowell County Court claim crisis

I need to get my CPR 18 letter done, but I want to make sure I'm asking for the right documents.

Why CPR 18?

CPR 31.14 ??

[Madrigal]

Re: Lowell County Court claim crisis

Isn't 31.14 for over £10,000? Mine is just under £3,000, I read it as a CPR 18 for small claims. Now I'm confused!

[nemesis45]

Re: Lowell County Court claim crisis

I need to get my CPR 18 letter done, but I want to make sure I'm asking for the right documents. I assume a copy of the alleged agreement with Sigma, the default notice and the notice that the agreement was assigned to Lowell, but is there anything else? How should I word that?

To add to the stress, I'm going away in 2 days and will have no access to a printer. Also, my internet has died and I'm struggling to even post here with my computer tethered to my mobile. Freaking out a bit... :/

Hello Madrigal CPR 31.14 : Request only those documents specifically mentioned in the particulars of claim. If you request anything else all you'll get is a rather tedious letter saying why they are not going to comply.

nem

[Madrigal]

Re: Lowell County Court claim crisis

OK, I'll get on with that then. Thanks everyone, don't know what I'd have done if I hadn't found this forum!

[charitynjw]

Re: Lowell County Court claim crisis

Isn't 31.14 for over £10,000? Mine is just under £3,000, I read it as a CPR 18 for small claims. Now I'm confused!

Until the claim is allocated to Small Claims court, CPR 31 will be applicable.

[Madrigal]

Re: Lowell County Court claim crisis

This bit:
For your information and records I enclose a copy of the formal request for a copy of the credit agreement relating to this claim, pursuant to the Consumer Credit Act 1974, which has been posted to your client with the statutory fee of £1 today, XX XXXX 201X.

The claimant is Lowell Portfolio, so I send this letter to Lowell Solicitors with a copy of the letter for Lowell Portfolio and £1 postal order?

And this bit:

To enable me to file my defence and/or counterclaim, I require inspection of documents you mention in your statement of case ahead of filing my defence on XX XXXX 201X.


What date do I put here? I don't know what date I'll be filing my defence yet!

[Kati]

Re: Lowell County Court claim crisis

This bit:
For your information and records I enclose a copy of the formal request for a copy of the credit agreement relating to this claim, pursuant to the Consumer Credit Act 1974, which has been posted to your client with the statutory fee of £1 today, XX XXXX 201X.

The claimant is Lowell Portfolio, so I send this letter to Lowell Solicitors with a copy of the letter for Lowell Portfolio and £1 postal order?

And this bit:

To enable me to file my defence and/or counterclaim, I require inspection of documents you mention in your statement of case ahead of filing my defence on XX XXXX 201X.


What date do I put here? I don't know what date I'll be filing my defence yet!

CCA to claimant (with £1 fee) CPR to their solicitor

You could just remove the "on xx/xx/xxxx" bit if you want ... but your defence will be due 33 days from the issue date on the claim form

[Madrigal]

Re: Lowell County Court claim crisis

I still need to send a CCA? It says here that CCA doesn't apply to overdrafts and banking accounts

http://www.legalbeagles.info/forums/...y-of-Agreement

[charitynjw]

Re: Lowell County Court claim crisis

CCA request to Claimant, £1 fee, get proof of posting. Keep a copy for your file.
It is wise to endorse the payment 'For statutory purposes only'.

CPR request (no fee) to Claimant's solicitors.
Proof of posting. Keep file copy.

Don't worry about the date.
To enable me to file my defence and/or counterclaim, I require inspection of documents you mention in your statement of case ahead of filing my defence.

[Madrigal]

Re: Lowell County Court claim crisis

Oh wait, as they're saying I had an agreement with Sigma and not Barclays, does that mean it's no longer classed as an overdraft so the CCA will apply?