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

[Clynite]

My neighbour received a response from Lowells today. As advised I sent a CPR31.14 and a CCA request to them same day as Carter sols. They have answered as follows:

 

 

`Thank you for your recent letter, requesting information subject to Civil Procedure Rules.

Please note that as this account is being litigated by an external agency, we have passed your letter to Fredrickson International to deal with.

They will be in touch with you in due course and we would ask that you address all future correspondence directly to Fredrickson International.

Fredrickson International PO Box 260, Weybridge, Surrey KT13 OYH

We trust this is satisfactory

Yours sincerely James Crabtree.`

 

 

Can anyone explain this response? Further, when should I be considering submitting a defence? Thanks in anticipation

[BRIGADIER2JCS]

It is a simple notification that Freds are handling the court case and all data/communication should be sent to it.

It has no impact otherwise.

[The GodMother]

Basically they have passed it to the next desk over as freds and carter are the same ppl

[Clynite]

Ok thanks, but how long should I wait for the cpr/cca requests to be answered? Please bear in mind, that I have to explain this to my friend, in a fashion that she will understand and not add to her distress.

[BRIGADIER2JCS]

Carter is actually a solicitor and senior partner in a firm, Fredrickson Int. as a part now of the Lowell grp.

[The GodMother]

The normal times based on the statue. As has been said before they 'SHOULD' be aware of the rules by now.

[BRIGADIER2JCS]

Ok thanks, but how long should I wait for the cpr/cca requests to be answered? Please bear in mind, that I have to explain this to my friend, in a fashion that she will understand and not add to her distress.

 

 

The CCA request has a time scale of 12 + 2 Working days (weekends and Bank Hols not counted).

[Clynite]

Thank you both for the info. Il digest and explain to my friend.

[Clynite]

Hi

Just to recap on my understanding of situation;

 

 

I have sent CPR31.14/CCA requests to Carter/Lowells.

 

 

They have both replied but, not with the relevant info.

 

 

I sent the CCA request on 21 July.

They have 12 working days in which to reply. If they do not, then they are in default of the request,

 

 

if I understand correctly. The 5 August will be the 12 day deadline.

 

I have to submit the defence by the 16 August online at MCOL.

 

 

Is it possible for me to draft the defence now and have it ready, rather than flap later on?

 

 

I do not know what shape or form the defence should take.

 

 

Hopefully Andyorch will assist me with this.

[BRIGADIER2JCS]

Hi

Just to recap on my understanding of situation; I have sent CPR31.14/CCA requests to Carter/Lowells. They have both replied but, not with the relevant info. I sent the CCA request on 21 July. They have 12 working days in which to reply. If they do not, then they are in default of the request, if I understand correctly. The 5 August will be the 12 day deadline.

I have to submit the defence by the 16 August online at MCOL. Is it possible for me to draft the defence now and have it ready, rather than flap later on? I do not know what shape or form the defence should take. Hopefully Andyorch will assist me with this.

12 + 2 working days (exclude BHs and WEs).

Yes start drafting the defence.

[dx100uk]

have a look at many of the threads alredy here

 

the 'holding defence' [no paperwork]

 

is in many threads

 

just relate it directly to your PoC point[number]by point.

 

dx

[Clynite]

Thank you both very much. Will try and find `holding defence` as suggested.

[AndyOrch]

Hi Clynite responding to your PM

 

Here is a recent Cat defence that I drafted for another poster which was successful in the claim remaining stayed.You will have to edit slightly to suit and add your request dates/responses for CCA /CPR ect.....

 

Defence

 

 

 

1. The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.

 

 

2.Paragraph 1 is noted. I have had an agreement in the past with Shop Direct but any alleged balance is and remains in dispute for faulty goods/services.

 

 

3.Paragraph 2 is denied I am unaware of any legal assignment or Notice of Assignment allegedly served over 3 years ago.

 

4.It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of assignment/balance/breach requested by CPR 31. 14,Furthermore a request was made pursuant to the CCA1974 section 78 and as at this date the claimant has failed to comply and therefore in default of said request, therefore the Claimant is put to strict proof to:

 

(a) show how the Defendant has entered into an agreement with the Claimant; and

(b) show how the Defendant has reached the amount claimed for; and

© show how the Claimant has the legal right, either under statute or equity to issue a claim;

 

5.As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.

 

6.On the alternative, if the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the Consumer Credit Act 1974.

 

 

7.By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

 

Regards

 

Andy

[Clynite]

Many thanks Andy,

 

 

just come back after searching for other related threads.

 

 

Where you said to add request dates/responses for cpr/cca,

do I just add new lines eg 8/9 and state that request made on so and so and to date no response from claimant?

 

 

You appear to have covered CPR request in point 4 above.

 

 

Sorry if I sound a bit dim but am keen to get this right.

 

 

Do I write the above, verbatim in the MCOL submit defence section.

 

 

Cheers for your help.

[AndyOrch]

Yes CPR covered just add CCA but add it at point 4....7 should always be the last point made...dont add anything after it.

 

Andy

[Clynite]

Shall I wait until the 12 working days have passed for the cca request to be answered, to show that they have not complied? That will mean I can submit defence on or after 5 August.

Do I just say that `claimant has failed to respond to my cca request as of 21 July`?

Thanks

[AndyOrch]

Yes allow the 12+2 then you can state they are in default.

[BRIGADIER2JCS]

Shall I wait until the 12 working days have passed for the cca request to be answered, to show that they have not complied? That will mean I can submit defence on or after 5 August.

Do I just say that `claimant has failed to respond to my cca request as of 21 July`?

Thanks

12 +2 Working days.

[Clynite]

Thanks Andy. So if I make cca at point 8 and leave the rest as is, will that do?

[AndyOrch]

No you add it at point 4...point 7 is always the very last comment you make.

[Clynite]

Ok sorry Andy. I have to incorporate the cca default into your point 4 somehow.

Thanks

[AndyOrch]

I have amended it for you.

[Clynite]

Andy I am so greatful to you. I struggle a bit. I will wait until the 12 + 2 days for the default time and submit as you have advised.

[Clynite]

Hello everyone,

 

 

Just an update for you; The 12+2 days for a response to cca request were up today. Therefore , I have just submitted the defence that Andyorch provided to the MCOL website.

 

 

Can anyone advise on the process that will follow, and will my friend be informed as and when?

 

 

Many thanks to everyone that has offered help and advice to help me get this far!

[The GodMother]

Its a sit and wait now.

 

The courts will inform Lowell that a defence has been submitted and they will get a view of it. Then they chose if to discontinue or not. A AQ/DQ will be issued then it goes from there.

 

Remember to keep a list of time you have spent dealing with this. cag time= reasearch.