Lowell.bought all my debts /CC Form

[MIKE770]

Re: Lowell.bought all my debts /CC Form

| CCA Request || CPR 31.14 Request |

[Cos69]

Re: Lowell.bought all my debts /CC Form

Hi all ,

Thanks for helping out !

I am putting the 2 letters togethere as we speak.

However i got 2 questions :

1-CCA-do i make the postal order payable to the claimaint for £1 ?

2-do i have to remove the second bit that is highlighted in red on the original post from Amethyst ? As it sounds like a notification to the solicitors that a CCA was requested from the claimant.


CPR 31.14 Request for disclosure of specific information of documents mentioned in the statement of case (particulars of claim)


Often claims for debt are submitted through the Northampton County Courts Bulk Processing center and the particulars of claim are very limited and do not generally give enough information about the debt to enable you to defend, or admit, the debt with confidence. Therefore we send the claimants a request for documents mentioned in their claim. This requests the claimants supply you with documents which the rely on for bringing the case.

We ask for this information under CPR 31.14 which is
Quote Originally Posted by Civil Procedure Rules
Documents referred to in statements of case etc.

31.14

(1) A party may inspect a document mentioned in –

(a) a statement of case;
This must be sent as soon as possible after having received the court claim and after having acknowledged receipt through the MoneyclaimOnline service. It is not applicable after the case has been allocated to a track (small claims/fast/multi track).

You can copy (Ctrl C) and paste (Ctrl V) this letter into a Word document for editing and printing before sending (amend the Green parts to suit) and TAKE NOTICE OF THE RED BIT = AND REMOVE IT BEFORE SENDING !
Your name
Your address
Your postcode

Date

Claimants name
Claimants address
Claimants postcode


Dear Sirs,

Claim Number: XXXXXX

Request for documents mentioned in a statement of case under CPR 31.14

On xx/xx/xxxx I received a County Court claim from yourselves of which I have acknowledged receipt indicating my intention to defend in full.

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.

NB: ONLY LIST HERE DOCUMENTS THAT ARE MENTIONED IN THE PARTICULARS OF CLAIM ON THE FRONT OF THE CLAIM FORM - eg. IF THEY DON'T MENTION ' DEFAULT NOTICE' YOU CANNOT ASK FOR IT UNDER CPR 31.14, IF THEY MENTION CONTRACT rather than AGREEMENT - ask for the CONTRACT...IF IN DOUBT TYPE OUT THE PARTICULARS OF CLAIM AND ASK ON THE FORUM.( and remove this paragraph too!!!!) I GET THAT I HAVE TO REMOVE THIS PRAGRAPH


for EXAMPLE
1. Agreement / Contract
2. Default Notice
3. Assignment
4. Formal Demand
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.

You should note that this claim has not yet been allocated to a specific track and the provisions of CPR 27(2) are of no effect. Had your claim not been issued through CCBC the Claimant would have been obliged to attach copies of the documentation upon which it relies to the Particulars of Claim. I , as Defendant, am entitled to see the documents on which the Claimant relies and which you will have to produce at trial. Disclosure at this stage will enable me to fully plead my case and further the Overriding Objective.

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.

If you require more time in which to comply with this request you must tell me in writing and confirm your agreement to an extension of the time allowed for me to file my defence as allowed under CPR 15.5 so I may notify the court.

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. DO I HAVE TO REMOVE THIS ONE AS WELL ? As it's highlighted in red.

I look forward to hearing from you.

Yours sincerely




Your Name

[nemesis45]

Re: Lowell.bought all my debts /CC Form

Good morning Cos,

The answer to both questions is Yes mark the £1 PO " For Statutory Fee Only".

nem

[Cos69]

Re: Lowell.bought all my debts /CC Form

Good morning Cos,

The answer to both questions is Yes mark the £1 PO " For Statutory Fee Only".

nem

Good norning Nemesis,

Thank you for your response . Ill get one today from PO. And send the letters recorded delivery .would it be wise to put a copy of CCA together with the CPR when sending it to their solicitor?

[nemesis45]

Re: Lowell.bought all my debts /CC Form

Good norning Nemesis,

Thank you for your response . Ill get one today from PO. And send the letters recorded delivery .would it be wise to put a copy of CCA together with the CPR when sending it to their solicitor?

No really necessary to send anything else to the solicitors just the CPR request.

nem

[Diana M]

Re: Lowell.bought all my debts /CC Form

would it be wise to put a copy of CCA together with the CPR when sending it to their solicitor?

Yes I would.

If you're sending the forum CPR 31.14 Request template letter it refers to you enclosing a copy:


"If you require more time in which to comply with this request you must tell me in writing and confirm your agreement to an extension of the time allowed for me to file my defence as allowed under CPR 15.5 so I may notify the court.

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.

I look forward to hearing from you."


It's always a good idea to make a solicitor aware of their client's statutory obligations.

Di

[Cos69]

Re: Lowell.bought all my debts /CC Form

Yes I would.

If you're sending the forum CPR 31.14 Request template letter it refers to you enclosing a copy:


"If you require more time in which to comply with this request you must tell me in writing and confirm your agreement to an extension of the time allowed for me to file my defence as allowed under CPR 15.5 so I may notify the court.

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.

I look forward to hearing from you."


It's always a good idea to make a solicitor aware of their client's statutory obligations.

Di

Hi Di,

COuld you please advise what date should i put below highlighted in yellow :

Request for documents mentioned in a statement of case under CPR 31.14

On 12/10/2016 I received a County Court claim from yourselves of which I have acknowledged receipt indicating my intention to defend in full.

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.

[Cos69]

Re: Lowell.bought all my debts /CC Form

Hi Di,

Also i am a bit confused.From my understanding i need to send the CCA to the Lowell and the CPR31.14 to their solicitor. I am i correct?

[charitynjw]

Re: Lowell.bought all my debts /CC Form

From [MENTION=87380]Diana M[/MENTION]'s post #5

You say you have to file your Defence by 26th October so can you confirm the Issue Date on the claim form (top right hand corner). You have 33 days from that date to file your Defence.

[charitynjw]

Re: Lowell.bought all my debts /CC Form

Hi Di,

Also i am a bit confused.From my understanding i need to send the CCA to the Lowell and the CPR31.14 to their solicitor. I am i correct?

CCA + £1 to the Claimant (Endorse payment 'For Statutory purposes only').
CPR to the solicitor. (No fee)
Names/addresses per court claim form.
Keep copies & get proof of posting.

[Cos69]

Re: Lowell.bought all my debts /CC Form

Hi all ,
Thank you for all your help.

I have now posted the letters, 6 days before the 33 day limit . What would be the next episode?

I would like to metioned that on friday i have received another letter from Bowell stating that i got 7 day to pay the amount else a CCJ will be Logged.

On another note is it worth paying the other debts that are bought by them as they offered a 75% discount on some of them? Please advise.

[Stu]

Re: Lowell.bought all my debts /CC Form

If they are offering 75% discount says to me they have little to no chance on that said debt, why offer such a large discount when they could take the full pie...

Regard the next step, don't expect much from Lowell, but solicitors will no doubt reply saying they have asked for the docs off the original creditor ...and directions questionnaire will soon follow, I use the term "Soon" lightly...

[nemesis45]

Re: Lowell.bought all my debts /CC Form

Hi all ,
Thank you for all your help.

I have now posted the letters, 6 days before the 33 day limit . What would be the next episode?

I would like to metioned that on friday i have received another letter from Bowell stating that i got 7 day to pay the amount else a CCJ will be Logged.

On another note is it worth paying the other debts that are bought by them as they offered a 75% discount on some of them? Please advise.

Hello Stu,

Have you requested documents on these other debts? Any chance any of them are statute barred.

nem

[Diana M]

Re: Lowell.bought all my debts /CC Form

I have now posted the letters, 6 days before the 33 day limit .

. . . on friday i have received another letter from Bowell stating that i got 7 day to pay the amount else a CCJ will be Logged..

Have you only just sent those letters today? I can see from your thread that you were advised to do this on 25th October (and even before that).

This delay may cause you problems with your Defence (deadline in 6 days) because how can you say they've not complied with your CCA Request when they have 14 days to comply (i.e. 8 days after your Defence will have been been filed)?

This could explain that 'reminder' letter from Lowell Solicitors since you've not (until today) sent them your CPR 31.14 Request. Again it will be difficult for you to scold them in your Defence for non-response when you've only given them 5 days maximum to reply including postage time.

Di

[Cos69]

Re: Lowell.bought all my debts /CC Form

Hi Di ,

To my understanding , was that i have 33 days to from the 12/10 to send them the letters( beeing realy naive ,to dont say stupid)
Is just all new and it seems so complicated when you dont understand a fraction of the procedures . I know , i shouldn't off had the debts in the first place ...but thats past and now got to deal with them.

Should i just borough the money and pay it to avoid CCJ and fight the rest of them ...? As i believe it will be the same procedure.