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    • Hello, been a while since I posted on here, really hoping for the same support an advice I received last time :-) Long, long story for us, but basically through bad choices, bad luck and bad advice ended up in an IVA in 2016. The accounts involved all defaulted, to be expected. In 2018, I got contacted by an 'independent advisor' advising me that I shouldn't be in an IVA, that it wasn't the solution for our circumstances and that they would guide us through the process of leaving the IVA and finding a better solution. I feel very stupid for taking this persons advice, and feel they prey on vulnerable people for their own financial gain (it ended with us paying our IVA monthly contribution to them)-long and short of it our IVA failed in 2018. At the same time the IVA failed we also had our shared ownership property voluntarily repossessed (to say this was an incredibly stressful time would be an understatement!) When we moved to our new (rented) property in August 2018, I was aware that creditors would start contacting us from the IVA failure. I got advice from another help website and started sending off SARs and CCAs request letters. I was advised not to bury my head and update our address etc and tackle each company as they came along. Initially there was quite a lot of correspondence, and I still get a daily missed call from PRA group (and the occasional letter from them), but not much else. However, yesterday i had a letter through from Lowell (and one from Capital One) advising that they had bought my debt and would like to speak with me regarding the account. There will be several.of these through our door i suspect, as we did have several accounts with Capital One. Capital One have written to us with regular statements over the last 5 years, and my last communication with them was to advise of of our new address (June 2019), I also note that all of these accounts received a small payment in Jan2019 (i'm assuming the funds from the failed IVA pot). Really sorry for the long long post, but just thought id give (some of) the background for context.... I guess my question at the moment is.....how do I respond to Lowell...do I wait for the inevitable other letters to arrive then deal with them all together or individually...? Do I send them a CCA?  Many thanks
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Weird Letter From Court - Don't Understand It!


southernscouser
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OK, quick history!

 

Filled in Court Allocation Questionaire last month. This Wednesday got a offer from Natwest offering half. Sending of rejection letter today. But this morning I got this from the court! :confused:

 

Before DEPUTY DISTRICT JUDGE PERRY sitting at Blah Blah County Court ,(then address).

 

Upon neither party attending

 

IT IS ORDERED THAT

 

The Claimant to provide by 4pm on the 31 August 2006 in reply to the defendant part 18 request dated 12 July 2006

 

Dated 11 August 2006

 

What on earth does that mean? I got a big letter from Cobbetts on 12 July asking me for more information. I simply sent them the list of charges I was claiming for but there wasn't a part 18! It went up to part 6! :confused:

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Hi Southernscoucer, as I understand it, the letter you received from Corbetts will have been (or contained) a CPR part 18 request. You can send something like this back to Corbetts & the Court - I think.

 

I'm almost at that stage too now.

 

MODS, could you please verify this please.

 

==================

 

In response to your defence and CPR18 request dated XXX please find enclosed a list of unlawful charges applied to my account between 2001 and 2006. My calculations have been taken directly from information National Westminster Bank has supplied to me. I have sent this calculation to National Westminster Bank PLC twice already (DATE and DATE) and whose final response was that they would be notifying their lawyers and litigation department of my intentions to pursue this matter through the court. I assume they have already provided you with this information but if not, National Westminster Bank have full access to my past statements and can provide a list of these charges themselves.

I would suggest you obtain a schedule from your clients as to their confirmation of the charges they have made so you can compare their list of stated charges against my own. I shall of course require a copy of their schedule and calculations if it transpires the figures are disputed.

 

In response to the CPR Part 18 Request, it seems I must offer you some legal advise of you own! :rolleyes: (optional!) (as) this does not apply to the small claims track and I am only obliged to respond at the request of the court. I take offence that you appear to have attempted to obtain this information by being deceitful and by making suggestions that I am under strict obligations to obey your requests rather than those of the Court.

I am fully aware that this is nothing more than an intimidator tactic designed to ‘encourage’ me to withdraw my claim and I shall be bringing this to the attention of the court. Of course, now that the Court have requested this information I will not hesitate to meet their requirements, however, I will have no difficulty in making a reciprocal request.

 

I will be sending a copy of this letter to the Court.

 

Yours sincerely

====================================

I think you then send your CPR 18 defence & your CPR 18 request with this letter to both Corbetts & the Court.

AGAIN, MODS - PLEASE COULD YOU VERIFY THIS PLEASE.

There's a very nice lady called Lynne who has drafted copies of these two letters and she'll probably send them to you if you PM her :

http://www.consumeractiongroup.co.uk/forum/search.php?searchid=223005

If you can't get hold of her, I've got the letters too.

Hope this helps.

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It seems okay, except for this line " Of course, now that the Court have requested this information I will not hesitate to meet their requirements". Are you saying the court have requested this or was that just for the original posters benefit?

 

Cobbetts won't actually bother with the letter to be honest, they'll just send you the usual typical response. Just get it out of the way and await the Allocation Questionaire, get that returned and wait for the next stage, that's probably the one that will count. Where you provide the court with more substantial documents, etc.

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Yeah, that bit was just put in there for the benefit of the original post.

 

OK, thanks.

 

With your claim, did the court ask you to send a CPR 18 defence to them or did Corbetts just pay up after you completed the AQ??

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Oh, they haven't paid up yet, I only returned the AQ yesterday. Cobbetts sent a CPR18 with their defense, but as we all know here it's nothing more than a scare tactic as they don't usually apply to the small claims track. If however the court ask for one then I guess you will have to comply, you could also issue your own asking for details on cost of charges, etc, etc. There are some good examples to by found fro other posters here.

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Hi Southernscoucer, as I understand it, the letter you received from Corbetts will have been (or contained) a CPR part 18 request. You can send something like this back to Corbetts & the Court - I think.

 

I'm almost at that stage too now.

 

Hi mate. I'm a bit confused! :confused:

 

The letter in my first post was from my local County Court. Cobbetts had sent me that letter but back in July. I simply supplied them with a list of charges but also sent a copy to the court!

 

What exactly are the court requesting from me? :confused:

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Can you send me copy of the letters referred to in note or where I cna get them as link does not work Regards Gary [email protected]

 

 

 

 

Hi Southernscoucer, as I understand it, the letter you received from Corbetts will have been (or contained) a CPR part 18 request. You can send something like this back to Corbetts & the Court - I think.

 

I'm almost at that stage too now.

 

MODS, could you please verify this please.

 

==================

 

In response to your defence and CPR18 request dated XXX please find enclosed a list of unlawful charges applied to my account between 2001 and 2006. My calculations have been taken directly from information National Westminster Bank has supplied to me. I have sent this calculation to National Westminster Bank PLC twice already (DATE and DATE) and whose final response was that they would be notifying their lawyers and litigation department of my intentions to pursue this matter through the court. I assume they have already provided you with this information but if not, National Westminster Bank have full access to my past statements and can provide a list of these charges themselves.

 

I would suggest you obtain a schedule from your clients as to their confirmation of the charges they have made so you can compare their list of stated charges against my own. I shall of course require a copy of their schedule and calculations if it transpires the figures are disputed.

 

In response to the CPR Part 18 Request, it seems I must offer you some legal advise of you own! :rolleyes: (optional!) (as) this does not apply to the small claims track and I am only obliged to respond at the request of the court. I take offence that you appear to have attempted to obtain this information by being deceitful and by making suggestions that I am under strict obligations to obey your requests rather than those of the Court.

 

I am fully aware that this is nothing more than an intimidator tactic designed to ‘encourage’ me to withdraw my claim and I shall be bringing this to the attention of the court. Of course, now that the Court have requested this information I will not hesitate to meet their requirements, however, I will have no difficulty in making a reciprocal request.

 

I will be sending a copy of this letter to the Court.

 

Yours sincerely

 

====================================

 

I think you then send your CPR 18 defence & your CPR 18 request with this letter to both Corbetts & the Court.

 

AGAIN, MODS - PLEASE COULD YOU VERIFY THIS PLEASE.

 

There's a very nice lady called Lynne who has drafted copies of these two letters and she'll probably send them to you if you PM her :

http://www.consumeractiongroup.co.uk/forum/search.php?searchid=223005

 

If you can't get hold of her, I've got the letters too.

 

Hope this helps.

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dude sorry I am not clude up enough too help you just wanted to wish you luck i reckon you are nearly there kick there *****ing butts go for it !!

 

MOD - **No Libelleous Comments Please **

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  • 4 weeks later...

hi everyone. I've had an interesting letter from cobbetts saying there is a lack of particularitys in my claim and I haven't given reasonable grounds to make this claim also it is incoherant. I have only copied all the templates from the website with my details attached and then filled in the moneyclaim form. What should I do apart from acknowledge their letter?

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