Lowell Portfolio/ Drydens Fairfax Solicitors Claim Form

[Celestine]

Re: Lowell Portfolio/ Drydens Fairfax Solicitors Claim Form

No still acknowledge receipt of the claim and presumably your intent to defend? Until we see the agreement, DN etc, its very hard to say if any of the debt is enforceable. But for such a low amount of money, I doubt Drydens are going to want to work too hard.
At same time write to Drydens with CPR 31.14 request. Wait for a response re. extension before sending Court second letter.

[SammyC]

Re: Lowell Portfolio/ Drydens Fairfax Solicitors Claim Form

I've acknowledged the form with an intent to defend the claim, but finally could you just verify this is OK to send to Drydens please? And what date should I ask for an extension to? The form issue date is 5th April.




Dear Sirs,

I request disclosure of documents referred to in your claim, pursuant to CPR 31.14.

1. Copy Agreement
2. Default Notice

I require inspection of these documents ahead of filing the defence on, so I request that they are provided to us within 7 days.

If you are unable to provide the required documents within 7 days, please let me know by return whether you can agree an extension of time to lodge a defence until 4pm on the XX XXX 2013. If this cannot be agreed I will apply for an extension and will request costs be ordered in our favour. This letter will be referred to in such application.


Yours faithfully,


SammyC

[Celestine]

Re: Lowell Portfolio/ Drydens Fairfax Solicitors Claim Form

Dear Sirs,

I request disclosure of documents referred to in your claim, pursuant to CPR 31.14.

1. Copy Agreement
2. Default Notice
3. Notice of Assignment

I require inspection of these documents ahead of filing the defence, so I request that they are provided to us within 7 days.

If you are unable to provide the required documents within 7 days, please let me know by return whether you can agree an extension of time to lodge a defence until 4pm on the XX XXX 2013. If this cannot be agreed I will apply for an extension and will request costs be ordered in our favour. This letter will be referred to in such application.


Yours faithfully,


SammyC

It would be up to a maximum of 28 days past your actual date to file a Defence. It is usual to compromise at 21 days if there is any disagreement.

You'll need to give us the Date of Service if you need help calculating when this would be.

[SammyC]

Re: Lowell Portfolio/ Drydens Fairfax Solicitors Claim Form

Thank you.

The only date on the form is the issue date though, which is the 5th April? I submitted the acknowledgement today too.

[SammyC]

Re: Lowell Portfolio/ Drydens Fairfax Solicitors Claim Form

Is 8th May 2013 OK for the date? (5 days after issue plus 28 days)

Just wanna be sure so I don't mess it all up! Sorry to keep asking, I do appreciate all your help!

[CleverClogs]

Re: Lowell Portfolio/ Drydens Fairfax Solicitors Claim Form

Since the Claimant hasn't put the date of the agreement on the POC maybe leave that out of your CPR 31.14 request so they can't create a recon using your information If they knew the date this account was opened they would have put it on the claim form wouldn't they? Maybe they don't know the date because they haven't got your credit agreement.

Since when have you known Slop Direct to keep even enough data for a reconstituted agreement good enough to fool Mr McGoo?

[CleverClogs]

Re: Lowell Portfolio/ Drydens Fairfax Solicitors Claim Form

More likely to be the Shop Direct card, Lowell definitely buy their ordure.

IFYPFY. :grin:

[Celestine]

Re: Lowell Portfolio/ Drydens Fairfax Solicitors Claim Form

No, 8th May is the current date for Defence to be filed, you are asking for an extension beyond that to allow time for them to locate documents and for you to respond to those docs in your defence.

[SammyC]

Re: Lowell Portfolio/ Drydens Fairfax Solicitors Claim Form

I already sent it before you replied with 8th May as the date, sorry but I don't understand the system at all. What should I have put, and can I correct it with a follow up letter?

[FlamingParrot]

Re: Lowell Portfolio/ Drydens Fairfax Solicitors Claim Form

If the claim is for an old Shop Direct account rather than a recent Vanquis card, it's very unlikely there will be an agreement because those catalogue companies are known for not having required customers to sign an agreement before sending out the goods. There's another thread where Lowlifes have issued a SD also for a catalogue account like yours, only in this case the amount is below the BR threshold, which is why they had to refrain themselves from using their favourite debt collection method. :mad2:

As PT has said on various occasions, if you never signed anything, you have to say so. You mentioned an online application with a tick box, presumably that was for the Vanquis card, rather than Shop Direct. For anything applied for from January 2005 onwards, the tick box fulfills the role of a signature.

The timescales are for your reference so you can make sure they don't get default judgment against you. As to what you should have written, see Cel's post: http://www.legalbeagles.info/forums/...395#post332395

Hopefully that's what you wrote.:ohwell:

[Celestine]

Re: Lowell Portfolio/ Drydens Fairfax Solicitors Claim Form

And you can still write back requesting an actual further extension of up to 28 days from 8th May if they don't supply documents, so I'd be pinging them another letter correcting your earlier error. However, if there is no agreement and other documentation, there is no enforcement of the debt, so its not that difficult to defend as things stand.

[SammyC]

Re: Lowell Portfolio/ Drydens Fairfax Solicitors Claim Form

Thanks a million for all your help, everyone.

Just a little update, I got a letter from Dryden's today saying they have requested the agreement and will forward it on to me upon receipt, and no request for judgement will be made til I have reviewed the docs and filed my response.

Sounds like good news?

[CleverClogs]

Re: Lowell Portfolio/ Drydens Fairfax Solicitors Claim Form

That almost sounds as if they are behaving themselves, which may be suspicious in itself.

[SammyC]

Re: Lowell Portfolio/ Drydens Fairfax Solicitors Claim Form

Full letter says:

We write with reference to the above matter and your letter dated ___

We have requested the documents listed in your letter from our client and will forward them to you upon receipt.

We will not make a request for judgement until you have had the opportunity to review the documents that you have requested and in turn file the response that you wish to the proceedings.

Yours faithfully,

Drydensfairfax

[CleverClogs]

Re: Lowell Portfolio/ Drydens Fairfax Solicitors Claim Form

I do not believe it would be wise to rely on that, as they might try to proceed a week after they claim to have sent the documents.