Lowell claimform for old cat 'debt'***Claim Discontinued***

[Clynite]

I have found a template for cca request. Can someone help me with a suitable CPR31.14 template or wording please?

Edited July 20, 2014 by Clynite
left out info

[Clynite]

I have compiled a CCA request ready for posting. Could someone offer help with the CPR31.14 compilation please? I would like to post both first class recorded tomorrow.

Thanks

[ims21]

CPR 31.14 is here

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?387484-LEGAL-CPR-31.14-Request-Request-for-information-when-a-Claim-has-been-issued.(1-Viewing)-nbsp

 

Remember you can only request items that are mentioned in the Particulars of Claim.

 

If the date of issue on the claim form is 15 July then you must acknowledge by 2nd August and then your defence must be submitted by 16 August.

[Clynite]

ims21

 

 

Many thanks for that link. I was struggling a bit. Have now compiled CPR31.14 request. Requests will be posted tomorrow.

[ims21]

 

Make sure you keep your eye on the dates...they are important.

[dx100uk]

don't send anything to carter not worth it

you'll get a template reply

 

send CPR & CCA request to lowells

 

as I detailed above.

 

dx

[Clynite]

ok thanks dx

[AndyOrch]

Clynite I already have a defence drafted for the very same claim particulars...give me a nudge when you are ready to submit.

 

Regards

 

Andy

[Clynite]

andyorch that's a weight of my mind, many thanks for your help.

 

 

ims21 has kindly informed me that the defence has to be submitted by 16 Aug. I have sent cca/cpr31.14 requests and await response.

 

 

I take it, defence will be submitted based on what comes from these requests.

 

 

Thank you Andy

[ims21]

Defence will need to go in regardless.

 

Failure on the CCA front should bar them from getting a judgement.

[The GodMother]

If empire were related to shop direct then last payment was made July 2008, according to her old bank statement.

 

Empire was FULLY took over by SD from Redcats Brand in July 2008. Empire are still owned by SD but trade as woolworths/kandco. I no this as l around the same time as your friend had a empire account and Mine was unenforcable as they never had a cca from Redcats.

 

I have 2 threads on the matter one about they buy out and one about empire.

[The GodMother]

dx

Link details:

 

Name of Claimant: Lowell Portfolio ltd re: Lowell financial ltd

Date of issue: 15 July 20014

 

Particulars of claim:

 

This claim is for £** the amount due under an agreement between the original creditor

and the defendant to provide finance and / or services and /or goods.

 

This debt was assigned to /purchased by Lowell Portfolio I Ltd on 26/05/2009

and notice served pursuant to the law of property act 1925

 

Particulars Re : Shop Direct A/C no ********

 

And the claimant claims £***

The claimant also claims interest pursuant to s69 county court act 1984 from (date) to date at 8% per annum amounting to £***

 

Value of claim: £540

 

Total claim includes interest and legal fees

 

claim not for current or credit/loan or mobile account

 

Original agreement entered into pre 2007.

( I am still wading through friends bank statements for details but have found so far entries at 2006 will look further back when I can)

 

Claim has been issued by debt purchaser

 

No notice of assignment just threating letters from Lowells

 

No default notices from original creditor

 

No statutory notices received

 

Last payments appears to be July 2008

 

Goods were returned to catalogue and account never credited hence the alleged debt. Never resolved

 

Hope that helps, how do I submit a cca request etc

Thank you

 

Based on the info provided, the agreement being Pre 2007, this IS a old redcates brand account so DONT expect anything re a cca from Lowell/littlewoods.

[dx100uk]

FWIW redcats went Shop direct 12th July 2008.

[The GodMother]

Redcats are still about

http://www.laredoute.co.uk/terms.aspx

 

 

Customer Service

 

We are committed to providing a high standard of service to all our customers and treating them fairly. There may be times when you don’t feel we've lived up to this. If this happens, we want to hear from you. Letting us know when you are unhappy with the service you experience gives us the opportunity to put matters right and to improve our service in the future for everybody. Our dedicated staff are committed to working with you on your complaint and to resolving it to your satisfaction. You can share your concerns with them by phone, by letter or e-mail as shown below:

Address: The Complaints Team, Redcats (Brands) Limited, 2 Holdsworth Street, Bradford, West Yorkshire, BD1 4AH.

Telephone: 033 0303 0199 - 9am-5pm Monday-Friday.

E-mail: [email protected].

[Clynite]

Thanks for the info and advice. I have checked neighbours credit file and it states this account was started in 1993 (missed that info first time).

 

 

I may be a little naïve, but thought I couldn't submit a defence until requests have been received. I don't want to get this wrong after assuring my friend of my help. If I can submit defence before any docs arrive, then I definitely will. I only want to act in my friends best interests. I realise, if I get it wrong, she could suffer as a result of my actions.

andyorch has kindly offered to help with the defence, which is a great help.

Can someone advise on when best to submit defence please.

Thanks to everyone for input

[ims21]

You must submit a defence within the court time scales otherwise there will be a judgement by default.

 

You may not get a reply to the CPR but not much you can do about that.

 

Their failure to respond the CCA request (if they do fail) can be used in the defence.

 

Andyorch will help you with the defence but you do not need to be filing it yet. Just keep an eye on the timeline.

[Clynite]

ims21 thanks for the clarification.

[Clynite]

Have received a reply to cpr31.14 from Carter sols. ( also sent request to lowells )

 

They confirm claim was issued via Northampton Court, and that the courts protocol was followed when issuing the claimants particulars of claim.

 

Practice direction 7C point 1.4 ( 3A ) eliminates the requirement to attach the documents to the POC when they are issued by this court.

 

They confirm that the matter will most properly be allocated to the small claims track as this is a simple contractual matter

and part 31 of the CPR will therefore not apply.

 

In any event the Notices of Default and Assignment left the control of the Claimant when they were dispatched to you.

 

It is the original creditors policy to issue agreements at the start of the contract and statements throughout the duration of the agreement and, in this regard, we ask you to refer to your own records.

 

We confirm our client is not agreeable to an extension for filing your defence.

 

A claim was issued on **/july and we are not in receipt of your acknowledgement of service.

 

Please respond using the response pack provided by the court.

 

Comply with the court deadlines in order to avoid a default judgement being entered against you.

 

 

That's about it. can anyone explain what this means please?

[dx100uk]

std rubbish crap ignore it.

 

still has to provide paperwork

 

if you look at the other carter threads

 

you'll see the exact wording everytime

 

if this goes true to form..he'll discontinue close to the date.

 

dx

[dx100uk]

I make your defence deadline midnight 16th

 

do not miss it no matter what happens

 

dx

[Clynite]

Thanks dx for the reply, will follow your advice, thanks

[The GodMother]

As dx says he by now 'should' no the rules. If you want write back advising him of this

[dx100uk]

no point in writing to carter whatsoever.

 

let him discontinue

[Clynite]

Thank you both for your info

[The GodMother]

Oh remember to keep a eye on costs aswell. You could always attempt a wasted costs order against him. Ok he does not like them and tries to say not his fault but if u dont try u dont get.

Claim for printing time postage etc