Lettr from Lowell Portfolio

[pt2537]

Re: Lettr from Lowell Portfolio

hi guys i dont have the ability to post up a copy but i did reply to the court to say i was going to defend the action and i may of had a account but it was two years ago and i never used it , just opened it im just wondering what i should do next??

when you say you replied ot the Court, did you reply on the Court form? the ones that came in the N1 pack?

[pt2537]

Re: Lettr from Lowell Portfolio

Can you type up what the particulars of the claim say then?

It may be if no documents are mentioned that their claim fails to satisfy CPR rule 16

[CleverClogs]

Re: Lettr from Lowell Portfolio

i may of had a account but it was two years ago and i never used it , just opened it

Then how the buggery can they claim you owe £500?

Did you move house after opening the account?

[FlamingParrot]

Re: Lettr from Lowell Portfolio

hi guys i dont have the ability to post up a copy but i did reply to the court to say i was going to defend the action and i may of had a account but it was two years ago and i never used it , just opened it im just wondering what i should do next??

btw they have not stated any documents in the claim form just i had a shop direct account and so
spent £500 and never replied to letters

Did you actually BUY anything from Shop Direct using your account facility? Or did you just open an account with a £500 limit and never bought anything?

[CleverClogs]

Re: Lettr from Lowell Portfolio

Did you actually BUY anything from Shop Direct using your account facility?

And, if they did, WHY??

It's usually all crap. :grin:

Or did you just open an account with a £500 limit and never bought anything?

Or might someone else run up the debt in Jenjo's name?

[JENJO]

Re: Lettr from Lowell Portfolio

hi guys i just need to know what to do next? shared accomadation so anyone could of ordered something but i didnt i also did reply to court for more time how do i respond to the solictors now as they state they do not need to provide proof do i send a CPR 31.4 form to them requesting info???

[Celestine]

Re: Lettr from Lowell Portfolio

Hi Jenjo

Please feel free to amend this template to suit your needs.
Send recorded delivery.



Case No: XXXXXXXX

CPR 31.14 Request

On 7/12/12 I received the Claim Form 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 Civil Procedure Rule 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. 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*

3 The default notice*

Although your claim is for a sum; which is not more than £5,000.00 and will in all likelihood be allocated to the small claims track for determination upon my delivering a defence, at this moment in time I have not delivered my defence and the case has not been allocated to a track. In consequence the provisions of CPR 27(2) are of no effect and you should not seek to avoid compliance with your CPR 31 duties by claiming otherwise.

You should ensure compliance with your CPR 31 duties and ensure that the document(s) 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 to a modification, obliteration or other marking or feature, each version 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 version(s) to include an obligation to recover and preserve such version(s) which 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.

[CleverClogs]

Re: Lettr from Lowell Portfolio

Excellent !

[JENJO]

Re: Lettr from Lowell Portfolio

Thanks so much for the templete and thanks for the reply so quicky Celestine

[PlanB]

Re: Lettr from Lowell Portfolio

Thanks so much for the templete and thanks for the reply so quicky Celestine

I know. She's good isn't she

[FlamingParrot]

Re: Lettr from Lowell Portfolio

I know. She's good isn't she

She should change her username to Lowell's Nemesis!

msl: msl: msl:

[JENJO]

Re: Lettr from Lowell Portfolio

Hey guys just recieved a reply from howard and co and they have acknowledged my letter and state that as i have filed a defence at court they can confirm that the above documentation will be disclosed in accordance with the required court directions completly confused what do i do next?

thanks

[JENJO]

Re: Lettr from Lowell Portfolio

Hi guys also forgot to mention i recieved a notice of intent to commence debt collection action from a different company advantis credit on behalf of lowell group

[ODC]

Re: Lettr from Lowell Portfolio

Advantis are easily dealt with.. A couple of letters and they will run

[Celestine]

Re: Lettr from Lowell Portfolio

Hey guys just recieved a reply from howard and co and they have acknowledged my letter and state that as i have filed a defence at court they can confirm that the above documentation will be disclosed in accordance with the required court directions completly confused what do i do next?

thanks

But you haven't yet filed a defence...have you?

If you PM me your name and details I can make a call and see what they are playing at. Probably exactly what they tried to do to 'Smith' recently. A quick call sorted that out very easily :tung: