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court claim orange/lowell . HELP PLEASE URGENT. 16/1/17

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  • #16
    Re: court claim orange/lowell . HELP PLEASE URGENT. 16/1/17

    You have 28 days from the date of issue on the N1 claim for so that the date to use for both.

    nem

    Comment


    • #17
      Re: court claim orange/lowell . HELP PLEASE URGENT. 16/1/17

      many thanks guys .. but i am back again,...... this is my cpr31.14 request, does it look ok,

      what do you think??????.............. have i asked for correct things ?, are my dates right ? shall be sending this to bw legal around 5 pm today 19 jan 2017 via registered post

      Dear Sirs,
      Claim Number: XXXXXX

      Request for documents mentioned in a statement of case under CPR 31.14

      On 15/01/2017 I received a County Court claim from yourselves of which I have acknowledged receipt indicating my intention to defend in full.

      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

      bit of choice

      To enable me to file my defence and/or counterclaim, I require inspection of documents you mention in your statement of case.
      OR DO I GO FOR...

      1. a copy of the executed agreement regulated by the Consumer Credit Act 1974 for the account
      2. copies of Default Notices issued pursuant to s87(1) of the Consumer Credit Act 1974 by the Claimant to the Defendant.
      3. a copy of Notice of Assignment to the Claimant relating to the Defendant’s account.

      In accordance with CPR 31.15(c) I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.

      You should note that this claim has not yet been allocated to a specific track and the provisions of CPR 27(2) are of no effect. Had your claim not been issued through CCBC the Claimant would have been obliged to attach copies of the documentation upon which it relies to the Particulars of Claim. I , as Defendant, am entitled to see the documents on which the Claimant relies and which you will have to produce at trial. Disclosure at this stage will enable me to fully plead my case and further the Overriding Objective.

      You should ensure compliance with your CPR 31 duties and ensure that the document(s) I have requested are copied to and received by me within 7 days of receiving this letter.

      If you require more time in which to comply with this request you must tell me in writing and confirm your agreement to an extension of the time allowed for me to file my defence as allowed under CPR 15.5 so I may notify the court.

      For your information and records I enclose a copy of the formal request for a copy of the credit agreement relating to this claim, pursuant to the Consumer Credit Act 1974, which has been posted to your client with the statutory fee of £1 today, 18 January 2017.
      I look forward to hearing from you.

      Yours sincerely


      Your Name
      Last edited by swansea jack; 19th January 2017, 01:05:AM.

      Comment


      • #18
        Re: court claim orange/lowell . HELP PLEASE URGENT. 16/1/17

        Originally posted by swansea jack View Post
        many thanks guys .. but i am back again,...... this is my cpr31.14 request, does it look ok,

        what do you think??????.............. have i asked for correct things ?, are my dates right ? shall be sending this to bw legal around 5 pm today 19 jan 2017 via registered post

        Dear Sirs,
        Claim Number: XXXXXX

        Request for documents mentioned in a statement of case under CPR 31.14

        On 15/01/2017 I received a County Court claim from yourselves of which I have acknowledged receipt indicating my intention to defend in full.

        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

        bit of choice

        To enable me to file my defence and/or counterclaim, I require inspection of documents you mention in your statement of case.
        OR DO I GO FOR...

        1. a copy of the executed agreement regulated by the Consumer Credit Act 1974 for the account
        2. copies of Default Notices issued pursuant to s87(1) of the Consumer Credit Act 1974 by the Claimant to the Defendant.
        3. a copy of Notice of Assignment to the Claimant relating to the Defendant’s account.

        In accordance with CPR 31.15(c) I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.

        You should note that this claim has not yet been allocated to a specific track and the provisions of CPR 27(2) are of no effect. Had your claim not been issued through CCBC the Claimant would have been obliged to attach copies of the documentation upon which it relies to the Particulars of Claim. I , as Defendant, am entitled to see the documents on which the Claimant relies and which you will have to produce at trial. Disclosure at this stage will enable me to fully plead my case and further the Overriding Objective.

        You should ensure compliance with your CPR 31 duties and ensure that the document(s) I have requested are copied to and received by me within 7 days of receiving this letter.

        If you require more time in which to comply with this request you must tell me in writing and confirm your agreement to an extension of the time allowed for me to file my defence as allowed under CPR 15.5 so I may notify the court.

        For your information and records I enclose a copy of the formal request for a copy of the credit agreement relating to this claim, pursuant to the Consumer Credit Act 1974, which has been posted to your client with the statutory fee of £1 today, 18 January 2017.
        I look forward to hearing from you.

        Yours sincerely


        Your Name
        2nd option,

        nem

        Comment


        • #19
          Re: court claim orange/lowell . HELP PLEASE URGENT. 16/1/17

          i have cocked up?...
          I have asked for CCA and suplied this with CPR 41.14 request as WE/ US.. (instead of I /ME)
          can this error cause problems ?...

          Comment


          • #20
            Re: court claim orange/lowell . HELP PLEASE URGENT. 16/1/17

            Originally posted by swansea jack View Post
            i have cocked up?...
            I have asked for CCA and suplied this with CPR 41.14 request as WE/ US.. (instead of I /ME)
            can this error cause problems ?...
            Simply resend the CCA request and £1 fee Jack. use the template from the green box at the top of the " court claim" forum.

            nem

            - - - Updated - - -

            Originally posted by swansea jack View Post
            i have cocked up?...
            I have asked for CCA and suplied this with CPR 41.14 request as WE/ US.. (instead of I /ME)
            can this error cause problems ?...
            Simply resend the CCA request and £1 fee Jack. use the template from the green box at the top of the " court claim" forum.

            nem

            Comment


            • #21
              Re: court claim orange/lowell . HELP PLEASE URGENT. 16/1/17

              hi guys just an update on what i have sent to lowell / bw legal also had letter back today,,,,
              NEED SOME ADVICE,,,, WHATS MY NEXT MOVE, REPLY TO BWLEGAL AND DEFENCE,
              PLEASE SEE ATTACHED LETTERS

              18 January 2017

              Claimants name… Lowell Portfolio 1 Ltd
              Claimants address… Ellington house , 9 Savannah Way
              Claimants postcode… Leeds, West Yorkshire. LS10 1AB

              Dear Sirs,
              Claim Number: XXXXXXXXXX

              Request for documents mentioned in a statement of case under CPR 31.14

              On 15/01/2017, I received a County Court claim from yourselves of which I have acknowledged receipt indicating my intention to defend in full.

              To enable me to file my defence and/or counter claim, I require inspection of documents you mention in your statement of case ahead of filing my defence .
              1. a copy of the executed agreement regulated by the Consumer Credit Act 1974 for the account
              2. copies of Default Notices issued pursuant to s87(1) of the Consumer Credit Act 1974 by the Claimant to the Defendant.
              a copy of Notice of Assignment to the Claimant relating to the Defendant’s account.

              In accordance with CPR 31.15(c) I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.

              You should note that this claim has not yet been allocated to a specific track and the provisions of CPR 27(2) are of no effect. Had your claim not been issued through CCBC the Claimant would have been obliged to attach copies of the documentation upon which it relies to the Particulars of Claim. I , as Defendant, am entitled to see the documents on which the Claimant relies and which you will have to produce at trial. Disclosure at this stage will enable me to fully plead my case and further the Overriding Objective.

              You should ensure compliance with your CPR 31 duties and ensure that the document(s) I have requested are copied to and received by me within 7 days of receiving this letter.

              If you require more time in which to comply with this request you must tell me in writing and confirm your agreement to an extension of the time allowed for me to file my defence as allowed under CPR 15.5 so I may notify the court.

              For your information and records I enclose a copy of the formal request for a copy of the credit agreement relating to this claim, pursuant to the Consumer Credit Act 1974, which has been posted to your client with the statutory fee of £1 today, 18 January 2017.
              I look forward to hearing from you.

              Yours sincerely
              SWANSEA JACK


              Mr swansea jack
              Jack house
              Jack town
              18/01/2017 (fictional address for forum purposes)


              Lowell portfolio 1 ltd
              Ellington house,
              9 Savannah way, leeds, west yorkshire
              LS10 1AB



              Dear Sir/Madam

              Re:− Account Number xxxxxxx

              With reference to the above agreement, I would be grateful if you would send me a copy of this credit agreement.

              I understand that under the Consumer Credit Act 1974 (Sections 77−79), I am entitled to receive a legible copy of our credit agreement on request. I enclose a payment of £1.00 which represents the fee payable under the Consumer Credit Act.

              I understand a copy of my credit agreement should be supplied within 12 working days.

              We look forward to hearing from you.

              Yours faithfully




              Mr swansea jack


              THIS IS WHAT I HAD BACK, NEED SOME HELP ON THIS ITS A BIT GOBBLDEGUG ???

              Last edited by swansea jack; 27th January 2017, 23:07:PM.

              Comment


              • #22
                Re: court claim orange/lowell . HELP PLEASE URGENT. 16/1/17

                Comment


                • #23
                  Re: court claim orange/lowell . HELP PLEASE URGENT. 16/1/17

                  what do i do next?????
                  Have they failed to answer to my cpr31.14 request ?
                  Help????????

                  Comment


                  • #24
                    Re: court claim orange/lowell . HELP PLEASE URGENT. 16/1/17

                    hi guys, many thanks for your help so far, you have been fantastic,

                    I HAVE NOT HAD DOCUMENTS REQUESTED. WHAT DO I DO NOW? PANIC?????
                    whats my last day to submit my defence,( claim date 9/jan/2017) also need some help wording my defence..



                    Request for documents mentioned in a statement of case under CPR 31.14

                    On 15/01/2017, I received a County Court claim from yourselves of which I have acknowledged receipt indicating my intention to defend in full.

                    To enable me to file my defence and/or counter claim, I require inspection of documents you mention in your statement of case ahead of filing my defence .
                    1. a copy of the executed agreement regulated by the Consumer Credit Act 1974 for the account
                    2. copies of Default Notices issued pursuant to s87(1) of the Consumer Credit Act 1974 by the Claimant to the Defendant.
                    a copy of Notice of Assignment to the Claimant relating to the Defendant’s account.

                    Comment


                    • #25
                      Re: court claim orange/lowell . HELP PLEASE URGENT. 16/1/17

                      BW LEGAL SIGNED FOR MY CPR31.14 REQUEST ON THE 20 JANUARY 2017

                      BW LEGAL FAILED TO.... ensure compliance with THEIR CPR 31 duties and ensure that the document(s) I have requested are copied to and received by me within 7 days of receiving this letter.
                      WHAT DO I DO NEXT ? PLEASE READ THEIR REPLY.... " we can confirm that any documents requested as part of your defence will be provided within 14 days prior to any hearing, in accordance with court direction.

                      I TAKE IT THAT THIS MUST BE A " NON COMPLIANCE " OF CPR31.14 they have not returned requested documents within in 7 days of request

                      what do i do next, need urgent help.......




                      Comment


                      • #26
                        Re: court claim orange/lowell . HELP PLEASE URGENT. 16/1/17

                        [QUOTE=swansea jack;707314]BW LEGAL SIGNED FOR MY CPR31.14 REQUEST ON THE 20 JANUARY 2017

                        BW LEGAL FAILED TO.... ensure compliance with THEIR CPR 31 duties and ensure that the document(s) I have requested are copied to and received by me within 7 days of receiving this letter.
                        WHAT DO I DO NEXT ? PLEASE READ THEIR REPLY.... " we can confirm that any documents requested as part of your defence will be provided within 14 days prior to any hearing, in accordance with court direction.

                        I TAKE IT THAT THIS MUST BE A " NON COMPLIANCE " OF CPR31.14 they have not returned requested documents within in 7 days of request

                        what do i do next, need urgent help.......

                        There's no penalty for non compliance, the fact is CPR 31.14 is only valid until the claim is allocated to the small claims track.

                        In defence you say you made the request on datexxxxxxxxxxxx, the claimants solicitors have not complied with the request.

                        nem






                        Comment


                        • #27
                          Re: court claim orange/lowell . HELP PLEASE URGENT. 16/1/17

                          do not panic - it is their usual non response, no documents then that is your defence

                          Comment


                          • #28
                            Re: court claim orange/lowell . HELP PLEASE URGENT. 16/1/17

                            MY DEFENCE ( UPDATED VERSION 29/01/2017)

                            i have knocked up this as a defece IS IT OK PLEASE ADVICE,MANY THANKS.....

                            MY DEFENCE IS THIS OK PLEASE ADVICE?,,,(I INTEND SUBMITTING DEFENCE 3/2/2017)
                            Dated 03/02/2017
                            Re LOWELL PORTFOLIO 1 LTD - V- XXXXXXXX Claim No XXXXX

                            1 I am the Defendant in this case. The Defendant is unable to present a full defence at present due to the Claimants solicitor failure to respond to a CPR 31.14 request for disclosure, letter dated 18/01/2017 and received signed for by claimants solicitor on 20/01/2017.

                            2The Defendant denies that he is indebted to the Claimant and puts the claimant to strict proof of claim. The Claimant has mentioned- Agreement regulated by the Consumer Credit Act 1974 for the account ,Default Notices issued pursuant to s87(1) of the Consumer Credit Act 1974 by the Claimant to the Defendant., Notice of Assignment to the Claimant relating to the Defendant’s account. in its Statement of Case, and yet has provided none of these documents despite CPR Rule 31.15 requires that documents are provided within 7 days from receipt of a written request.

                            3 The Defendant requires the Claimant to produce the Deed of Assignment as mentioned in the particulars of claims, showing proof of ownership and powers to act. The Claimant has not produced a valid deed of assignment and only by implication indicates that such exists. Therefore the claimant has not discharged the burden of proof and has not established his claim to have a right to sue as assignee. Lord Denning states in the Pelias Construction Case (Van Lynn Developments v Pelias Construction Co Ltd 1968 [3] All ER 824) the debtor is entitled to "view the sale agreement,”.

                            4 The Defendant requires the Claimant to produce a legible properly executed and enforceable Credit Agreement that meets the requirements of CCA1974 and mentioned in the Particulars of Claim, as required by
                            CPR Rule 31.6 Standard disclosure requires a party to disclose only– (a) the documents on which he relies; and (b) the documents which- (i) adversely affect his own case, also 31.14 (1) A party may inspect a document mentioned in- (a) a statement of case.

                            5 The Defendant denies the sum claimed is accurate or owed; he requires the Claimant to show how the sum of “£457.95” is calculated, as mentioned in the Particulars of Claim and show any interest and charges.

                            6 In view of the above the Defendant asks that this claim should be Struck Out under Civil Procedure Rule 24.2 (a) (i), on the grounds the Claimant has no real prospect of succeeding as:

                            I) they have failed to provide any of the documents upon which their claim relies,
                            ii) has failed to respond to a CPR31.14 request for disclosure of documents,.

                            Otherwise the Defendant respectfully requests a Stay in proceedings until such time as the Claimant complies with the Defendants CPR31.14 request, dated 18/01/2017 or until the Court orders its compliance with the same. The Defendant will then be in a position to file a fully particularised defence and will seek the Court’s permission to amend this statement of case accordingly. Ref PRACTICE DIRECTION – PRE-ACTION CONDUCT- SECTION II- 4.4 and 4.6
                            Statement of Truth The defendant believes that the facts stated in this defence are true
                            Last edited by swansea jack; 29th January 2017, 12:20:PM. Reason: i think this version is ok

                            Comment


                            • #29
                              Re: court claim orange/lowell . HELP PLEASE URGENT. 16/1/17

                              hi guys can you have a look at thus for me, is it ok,, i am not to sure with this bit ,,,,,,"Otherwise the Defendant respectfully requests a Stay in proceedings until such time as the Claimant complies with the Defendants CPR31.14 request, dated 18/01/2017 or until the Court orders its compliance with the same. The Defendant will then be in a position to file a fully particularised defence and will seek the Court’s permission to amend this statement of case accordingly. Ref PRACTICE DIRECTION – PRE-ACTION CONDUCT- SECTION II- 4.4 and 4.6"

                              once again, many thanks

                              Comment


                              • #30
                                Re: court claim orange/lowell . HELP PLEASE URGENT. 16/1/17

                                Originally posted by swansea jack View Post
                                hi guys can you have a look at thus for me, is it ok,, i am not to sure with this bit ,,,,,,"Otherwise the Defendant respectfully requests a Stay in proceedings until such time as the Claimant complies with the Defendants CPR31.14 request, dated 18/01/2017 or until the Court orders its compliance with the same. The Defendant will then be in a position to file a fully particularised defence and will seek the Court’s permission to amend this statement of case accordingly. Ref PRACTICE DIRECTION – PRE-ACTION CONDUCT- SECTION II- 4.4 and 4.6"

                                once again, many thanks
                                I'm not in a position to comment on any Defence which doesn't originate from my firm.

                                However what inspired you to seek an indefinite stay of the proceedings until the Claimant complies with your CPR 31.14 Request?

                                I've seen some Claimants go away and come back with reconstituted documents months later if you give them enough time.

                                Didn't your CPR 31.14 Request tell them you needed documents disclosed no later than your Defence filing deadline unless they agreed an extension of time with you in writing? The maximum time allowed for that extension would be 28 days.

                                What if it took 2 years for them to comply?

                                Di

                                Comment

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