Lowell Portfolio 1 LTD v Learner81

[Learner81]

Hi everybody

I am new to this site and glad I have found it!
I called myself Learner81 because I am finally learning to be good with finance. I have no problem paying off the debt I have just don't want my credit file to have a CCJ and would prefer to pay the company I had the debt with before they sold it.
Anywho I am sending the CPR 31.14 letter but have no clue what date should be put in the below, PLEASE HELP
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.

Thank you in advance
Learner81

[charitynjw]

Re: Lowell Portfolio 1 LTD v Learner81

Hi Learner81, welcome to LB.

Your defence, atm, is due 33 days from the claim issue date.

Incorporated in the forum CPR 31 request is an invitation to the other party to agree to a 28 day extension of that date, but that will not affect the defence date in the request.

I'm assuming a county court claim has been issued.
If so, have you formally acknowledged?

[Learner81]

Re: Lowell Portfolio 1 LTD v Learner81

Thank you for your reply and welcome charitynjw! I never knew such forums existed
Yes a county court claim has been issued and I have acknowledged it. I cannot see within it an invitation to grant me a 28day extension.
So the date I should put as the date I have to file my defence is the end of the 33 day period???

Thank you

[charitynjw]

Re: Lowell Portfolio 1 LTD v Learner81

Thank you for your reply and welcome charitynjw! I never knew such forums existed
Yes a county court claim has been issued and I have acknowledged it. I cannot see within it an invitation to grant me a 28day extension.
So the date I should put as the date I have to file my defence is the end of the 33 day period???

Thank you

Lol!
The 28 day invitation is in our forum CPR 31.14 request, not the court claim form.
Yes, add 33 days to the claim issue date; that gives you the current deadline date to file a defence.

[Learner81]

Re: Lowell Portfolio 1 LTD v Learner81

Lol! I have completed the CPR 31.14 from this thread - http://legalbeagles.info/forums/show...ic-information - but it does not say anythign about an extension just that they have 7 days to reply. Do I need to use a different one? I haven't sent this one yet.

Thank you for your help

[charitynjw]

Re: Lowell Portfolio 1 LTD v Learner81

Lol! I have completed the CPR 31.14 from this thread - http://legalbeagles.info/forums/show...ic-information - but it does not say anythign about an extension just that they have 7 days to reply. Do I need to use a different one? I haven't sent this one yet.

Thank you for your help

Ah!
Actually, that statement is quite revealing.
Did you read the content of the CPR 31.14 request?
If so (& I trust you must have in order to tweak it to your particular case), did you not wonder what CPR 15.5 was? (Check the example given in your above link).
Link to CPR 15 - https://www.justice.gov.uk/courts/pr...es/part15#15.5
The reason why I am labouring the point is that you are involved in a court case.
The judge will expect you, if self-represented, to be familiar with the aspects of your defence.
If you state something in any correspondence which might find it's way to the judge, it's wise to know beforehand exactly what & why.

[Learner81]

Re: Lowell Portfolio 1 LTD v Learner81

Hi Charitynjw

What defence can I file if they have not responded to my CCA letter and it has not been the end of the 7 days they have to respond?

Today is my last day for filing a defence I have been behind

[MIKE770]

Re: Lowell Portfolio 1 LTD v Learner81

Defence Example adjust to mention the failure to supply documents requested uder CCA1974 etc etc and cpr31.14

[Learner81]

Re: Lowell Portfolio 1 LTD v Learner81

Thank you Mike770. Can I add this line to it -

17. The Defendant contends that any alledged debt would be statute barred by virtue of section 5 of the Limitations Act 1980 in that he has not made payment nor made any acknowledgment of this debt in more than 6 years up to the date of issue of this claim.

??

I think it is statute barred and I have no problem paying in instalments to the original creditor but I definitely do not want a ccj against my name right now

[MIKE770]

Re: Lowell Portfolio 1 LTD v Learner81

if you are certain then add that to it, it would be up to them to prove otherwise, meantime find out your last payment/acknowledgment for future use, get defence if due in and then concentrate on other bits later, defence submit on time or even the day before due via MCOL or if problem then Via:-

Claim responses & directions:
ccbcaq@hmcts.gsi.gov.uk

[Learner81]

Re: Lowell Portfolio 1 LTD v Learner81

Thank you MIKE770 I really appreciate your help. I am submitting my defence now

[charitynjw]

Re: Lowell Portfolio 1 LTD v Learner81

Hi Charitynjw

What defence can I file if they have not responded to my CCA letter and it has not been the end of the 7 days they have to respond?

Today is my last day for filing a defence I have been behind

The CCA request has a 14 day window (12 + 2 for post)
Instead of saying "they didn't respond", put "am awaiting response".

[Learner81]

Re: Lowell Portfolio 1 LTD v Learner81

Hiya I am back! So I received a letter from the County Court dated 14th June 2017 stating -
" I acknowledge the receipt of your defence, A copy is being served on the claimant (or the clamaint's solicitor). The claimant may contact you direct to attempt to resolve any dispute. If the dispute cannot be resolved informally, the claimant will inform the court that he wishes to proceed. The court will then inform you of what will happen.

Where he wishes to proceed, the claimant must contact the court within 28 days after receiving a copy of your defence. After that period has elasped, the claim will be stayed. The only action the claimant can then take will be to apply to a judge for an order of lifting the stay."

Since I have received this letter I have received two emails from the claimant's solicitor, the one I received today states -
"

Your County Court Judgment Is In Arrears

We have not received your payment of £70.00 and your Judgment Order (CCJ) is now in arrears. This may simply be an oversight but you need to bring your CCJ arrears up to date as quickly as possible:" I have not heard from the court again after the letter on the 14th June and I did not receive any of the documents that I requested from Lowell Portfolio Ltd after sending my request. Please help I don't know what to do next???

- - - Updated - - -

Can the court grant a CCJ without Lowell Portfolio Ltd responding to my request for the documents and not contacting me as they said they would to let me know what is happening next? Should I call the court? They have not provided an email address.
Is there a letter I can send? Can I get the CCJ struck off/ over turned as they did not provide the documents and the court did not notify me of what was happening next?

[MIKE770]

Re: Lowell Portfolio 1 LTD v Learner81

N244 sure others will advise

[Learner81]

Re: Lowell Portfolio 1 LTD v Learner81

Thank you Mike! I will search for that now