Lowell Portfolio/ Drydens Fairfax Solicitors Claim Form

[ODC]

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.

CC it does say in their letter "nd in turn file the response that you wish to the proceedings" so should they go for a default judgement I'm sure his Honour would be none too pleased. The solicitors have asked their client (The Leeds Losers) to supply the document that they should have mead sure the had before taking to court. Crimolowells may have a long wait in getting proper paperwork from Wanquis

[CleverClogs]

Re: Lowell Portfolio/ Drydens Fairfax Solicitors Claim Form

I did read that, but it would seem to allow the defendant to stay or delay the case indefinitely by not submitting a response.

[madhatta]

Re: Lowell Portfolio/ Drydens Fairfax Solicitors Claim Form

I also have received a claim from Drydens for an MBNA C/Card I took out in 2007, I defaulted on the card in 2008 (£2,700 ish) and have been in and out of employment since then and ignored advances from several companies to settle this debt. I admit the debt but have been unemployed for the past 6 months, I live with my wife and step son in rented accommodation (housing benefit paid) is it ok to ask them to accept £1 per month as payment ? Could they still get a CCJ against me if the decline my offer? Do I have to offer anything as at the moment every £1 counts and things are very hard financially. Any comments would be greatly accepted and if more info is required please do not hesitate to ask.

[FlamingParrot]

Re: Lowell Portfolio/ Drydens Fairfax Solicitors Claim Form

I also have received a claim from Drydens for an MBNA C/Card I took out in 2007, I defaulted on the card in 2008 (£2,700 ish) and have been in and out of employment since then and ignored advances from several companies to settle this debt. I admit the debt but have been unemployed for the past 6 months, I live with my wife and step son in rented accommodation (housing benefit paid) is it ok to ask them to accept £1 per month as payment ? Could they still get a CCJ against me if the decline my offer? Do I have to offer anything as at the moment every £1 counts and things are very hard financially. Any comments would be greatly accepted and if more info is required please do not hesitate to ask.

When did you receive the claim? You have 14 days (+5 for service) to acknowledge the claim, if you tick the box saying you wish to defend you will get a further 14 days to put together your defence. If you don't do this within the timescales, they can obtain default judgment! :scared:

When in 2007 did you take out the card, was if before or after April 2007? Due to a change in the law, it could make a difference. :thumb:

Unless you defend this claim, they can get a CCJ regardless of whether you offer them £1/month.

Can you scan or take a picture with a digital camera or phone, remove your personal details and post up the particulars of claim? hoto:

[madhatta]

Re: Lowell Portfolio/ Drydens Fairfax Solicitors Claim Form

When did you receive the claim? You have 14 days (+5 for service) to acknowledge the claim, if you tick the box saying you wish to defend you will get a further 14 days to put together your defence. If you don't do this within the timescales, they can obtain default judgment! :scared:

When in 2007 did you take out the card, was if before or after April 2007? Due to a change in the law, it could make a difference. :thumb:

Unless you defend this claim, they can get a CCJ regardless of whether you offer them £1/month.

Can you scan or take a picture with a digital camera or phone, remove your personal details and post up the particulars of claim? hoto:

I have attached the claim, I had to shrink it down so hope you can see it :-)

[FlamingParrot]

Re: Lowell Portfolio/ Drydens Fairfax Solicitors Claim Form

Thanks for that, would be good if you removed the claim number just to be on the safe side and repost.
As they mention the agreement, the default notice and the assignment which are pretty standard, you could send a letter such as the one posted here, suitably edited, to request documents under CPR 31.14: http://www.legalbeagles.info/forums/...084#post350084

[madhatta]

Re: Lowell Portfolio/ Drydens Fairfax Solicitors Claim Form

I'm unsure of the process, if they accept my £1 offer per month due to the fact I'm on Job seekers allowance will they still be able to get a CCJ? as I have repaired some of the damage I did to my credit score back in 2008.
Thanks

[madhatta]

Re: Lowell Portfolio/ Drydens Fairfax Solicitors Claim Form

And I don't have permission to open the link you kindly attached

[FlamingParrot]

Re: Lowell Portfolio/ Drydens Fairfax Solicitors Claim Form

I'm unsure of the process, if they accept my £1 offer per month due to the fact I'm on Job seekers allowance will they still be able to get a CCJ? as I have repaired some of the damage I did to my credit score back in 2008.
Thanks

They can get a CCJ if you don't defend, even when a judge would likely still order you to pay just £1/month if you are reliant on benefits, they would rather have judgment against you. I would suggest acknowledging the claim and ticking the box stating you intend to defend, then sending the CPR request for documents. :thumb:

[FlamingParrot]

Re: Lowell Portfolio/ Drydens Fairfax Solicitors Claim Form

And I don't have permission to open the link you kindly attached

Sorry about that, I forgot it was in the VIP area, available only to those who choose to subscribe. This is the letter, which should be sent recorded delivery, once you have acknowledged the claim stating your intention to defend.

Dear Sirs,

Re: CPR 31.14 Request - [INSERT CLAIM DETAILS HERE]

On 14/06/2913 I received the Claim Form in this case issued by you out of the Northampton County Court.

I confirm having returned my acknowledgement of service to the court in which I indicate my intention to contest your entire claim.

Please treat this letter as my request made under CPR 31.14 for the disclosure and the production of a verified and legible copy of each of the following documents mentioned in your Particulars of Claim:

1 The Agreement. Together with the relevant terms associated with that account, you will appreciate that in an ordinary case and by reason of the provisions of CPR PD 16 para 7.3, where a claim is based upon a written agreement, a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the original(s) should be available at the hearing. Further, that any general conditions incorporated in the contract should also be attached.

2 the assignment notice

3 the default notice
Compliant with 87(1) of the Consumer Credit Act 1974

You should ensure compliance with your CPR 31 duties and ensure that the documents I have requested are copied to and received by me within 7 days of receiving this letter. Your CPR 31 duties extend to making a reasonable and proportionate search for the originals of the documents I have requested, the better for you to be able to verify the document's authenticity and to provide me with a legible copy. Further, where I have requested a copy of a document, the original of which is now in the possession of another person, you will have a right to possession of that document if you have mentioned it in your case. You must take immediate steps to recover and preserve it for the purpose of this case.

Where I have mentioned a document and there is in your possession more than one version of that same document owing as a result to a modification, obliteration or othermarking, or feature, each version thus will be a separate document and you must provide a copy of each version of it to me. Your obligations extend to making a reasonable and proportionate search for any, and all version(s) and include an obligation to recover and preserve such version(s) that are now in the possession of a third party.

In accordance with CPR 31.15(c) I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.

If you require more time in which to comply with this request you must tell me in writing. You must tell me before the time for compliance with this request has expired. In telling me you require more time you must tell me what steps you have taken and propose to take in order to comply with this request and also state a date by when you will comply with this request. In addition your statement must be accompanied with a statement that you agree to an extension of the time for me to file my defence. Your extension of time must be not less than 14 days from the date when you say you will have complied with my request and you must state the new date for filing my defence.

If you are unable to comply with this request and believe that you will never be able to comply with this request you must tell me in writing.

Please note that if you should fail to comply with this request, fail to request more time or fail to agree to an extension of time for the filing of my defence, I will make an application to the court for an order that the proceedings be struck out or stayed for non-compliance and a summary costs order.

I do hope this will not be necessary and look forward to hearing from you.

Yours faithfully

[madhatta]

Re: Lowell Portfolio/ Drydens Fairfax Solicitors Claim Form

Sorry about that, I forgot it was in the VIP area, available only to those who choose to subscribe. This is the letter, which should be sent recorded delivery, once you have acknowledged the claim stating your intention to defend.

Thanks