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    • Thank you. MCOL all done. Does my CPR 31.14 request letter seem okay? ****** ****** ****** *****   Lowell Solicitors Limited PO Box 1419 Northampton NN2 1BU   21st October 2019   Dear Sir/Madam,   Re: Lowell Portfolio 1 Ltd v Mr ****** ****** Case No: *********** CPR 31.14 Request   On Friday 18th October 2019 I received the Claim Form in this case issued by you out of the Northampton County Court Business Centre.   I confirm having returned my acknowledgement of service to the court in which I indicate my intention to contest all of your claim.   Prior to the issue of proceedings, I had delivered a request for the production of the agreement mentioned in the Claim Form and on which you rely. That request was ignored.   Please treat this letter as my request made under CPR 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: Notice of Assignment   3: The Default Notice   4: The Termination Notice   5: Statement of Account      Although your claim is for a sum which is not more than £10,000.00 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 documents I have requested are disclosed at your earliest convenience. 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 versions to include an obligation to recover and preserve such versions which are now in the possession of a third party.   In accordance with CPR 31.15, I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.   If you are unable to comply with this request and believe that you will never be able to comply with this request, please confirm this in your response.     Yours faithfully,   *************
    • Documents sent to Idem & Court. Received by the Court on the day required (assume Idem will get it same time too??).  Just sit and wait now??
    • Thanks dx. Heard nothing from the court yet. Finally manage to finish redacting and compressing the documents. I've attached one to this message and the other to the next message.  Binder2_compressed.pdf   file number 2 Binder4_compressed.pdf file number 3. sorry for the trouble @dx100uk, I couldn't find how to compress it further.  Binder5_compressed.pdf   There is an application form for the loan which has my name and address on the first page. It has the account number on the last page on which I signed. For the life of me I cannot remember taking this loan, but I must have. It is not too strange. Because of my previous stress I am not able to remember quite alot of things.  I'm not sure what I should do next. I've been trying to read other threads but I am really lost. Can I make a defense or is it best for me to contact the DCA and make a payment arrangement?
    • always better to re read your thread 1st.....😁
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Kalahati

Bought a faulty van from a trader?

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I will do this ASAP once I have the van back. I'll keep you updated.

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You can give the seller a choice, either

 

 

1. You fix the van to my satisfaction

2. I take it to a dealer to be fixed and you pay the bill

3. I reject the van for a full refund.

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1 & 3 will depend entirely on what 2 is. Quite excited to see what the Mechanic says.

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Don't forget you need it on paper so the seller can't claim heresay.

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Kalahati

 

Do not stress and do not let the dealer take you for a crunchy ride.

 

I had and still have issues with a trader I bought a car off for my wife, there were no faults listed in the advert but did state 'maintained to a high standard and can only be described as faultless'..

 

Wrong, the vehicle is full of faults but the dealer stated in an email in response to my letter 'the faults you state are fair wear and tear and to be expected, you were told of all faults before purchase and the vehicle is sold as seen as we do not test them or their functions'.. (how did they tell me about the faults that are wear and tear if they never tested the car?)

 

As you may find they called my bluff and thought I was just all talk about taking them to court, they are now sweating and making alleged offers in writing (that's what they keep telling the court) but these letters never arrive. But I am writing my final statement and have taken the case for a hearing..

 

Do Not Back Down and this forum will help you loads and give you good honest advice. Good luck with it

  • Haha 1

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Do you have an update for us Kalahati ??

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