liamuk
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So i had sent requests for the copy of aggreements - i think the account was opened around 2004.Do i ask for any other documents if not CPR 31.14? i remeber when I first fell behind SD and then Lowells were not helpful so I dug my head in the sand.What also worries me is how much I have probably been stung for charges etc.
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Re: (Lowell Portfolio 1 ltd ) v ************ Case No: ****************CPR 31.14 RequestOn the ***February 2014 I received the Claim Form in this case issued by you out of the Northampton county court.I confirm having returned my acknowledgement of service to the court in which I indicate my intention to contest 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 has not been fulfilled as yet and was sent to both Lowell portfolio and Bryan carter.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 document(s) 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: the assignment3: the default notice4: the termination notice5: statement of accountAlthough 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 document(s) I have requested are copied to and received by me within 7 days of receiving this letter. 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 version(s) to include an obligation to recover and preserve such version(s) 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 require more time in which to comply with this request you must tell me in writing. You must tell me before the time for compliance with this request has expired. In telling me you require more time you must tell me what steps you have taken and propose to take in order to comply with this request and also state a date by when you will comply with this request. In addition your statement must be accompanied with a statement that you agree to an extension of the time for me to file my defence. Your extension of time must be not less than 14 days from the date when you say you will have complied with my request and you must state the new date for filing my defence.If you are unable to comply with this request and believe that you will never be able to comply with this request you must tell me in writing.Please note that if you should fail to comply with this request, fail to request more time or fail to agree to an extension of time for the filing of my defence, I will make an application to the court for an order that the proceedings be struck out or stayed for non-compliance and a summary costs order. I do hope this will not be necessary and look forward to hearing from you.
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Well I have recieved the CCJ paperwork this morning from the county court and Bryan carter.I had already sent the CCA requests to BC and Lowell. I had also sent a SAR request to the origanl creditor.What should I do now - as i said my credit file amount is a lot less than what they are claiming???help!
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Well I have been thinking tonight etc.. what i remember is opening a account with Shop direct around 2002 or 3 and then having problems late 2010 and stopping payments - maybe before I will need to check bank account. I tried to deal a few months later but the account was in arrears and they were not very helpful at all so I did not pay anything. I gather Bryan Carter are acting on behalf of Lowells...I am assuming county court action has started already. I wonder out of the amount claimed how much is charges - as that's what was stopping me making a payment after I had defalted. So do I SAR Lowells or Bryan Carter as these are the mob who are issuing a county court...?
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its a mess i know. So i need to write to BC as not 100% sure who the debt is for and ask for a copy of a cca as my account would have been from around 2002. What should I do if the count court arrives sooner? and what would I do if there are loads of penalty charges - how do i find out? Will they stop count court action whilst I ask for this information? Sorry panicing a bit-
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Hope I can get some advice. I have recieved a litagation letter from BC telling me I will be recieving a county court letter from Northampton in the next few days for a debt of nearly £9000. I'm not too sure but think its a old catolgue debt as I know the limit was around 5K and it must be 4 years nearly I fell behind. Looking around on CAG it looks as though they are issuing...what do I do as I have had my head in the sand too long. I havent got this type of amount to pay out to be honest.