• Welcome to the LegalBeagles Consumer and Legal Forum.
    Please Register to get the most out of the forum. Registration is free and only needs a username and email address.
    REGISTER
    Please do not post your full name, reference numbers or any identifiable details on the forum.

*** DISCONTINUED *** Catalogue debt

Collapse
Loading...
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • Re: Catalogue debt

    I don't know is this is important either but the CCA was sent to Lowell Portfolio and the CPR was to Cohen Solicitors The letter received (scan.pdf) is from Lowell Solicitors? In their letter they are also saying they are hoping for me to call them and arrange payment without going to a hearing?

    Comment


    • Re: Catalogue debt

      Originally posted by nafta View Post
      I originally ask Lowell for a CCA and their solicitors for the CPR. but none replied so I summited defence. This documents have been posted to me by Lowell only two days before 28 day were up. Hope this makes sense?
      Yes, it makes perfect sense.

      Originally posted by nafta View Post
      I don't know is this is important either but the CCA was sent to Lowell Portfolio and the CPR was to Cohen Solicitors The letter received (scan.pdf) is from Lowell Solicitors? In their letter they are also saying they are hoping for me to call them and arrange payment without going to a hearing?
      In which case it would appear that Lowell have changed solicitors.
      Have they informed you? Or the court?
      If not, you don't have to take any notice of anything from Lowell Solicitors (Lowell's in-house mob) unless & until you receive official court notification.
      If it were me, I'd phone the court on Monday for a status update.
      CAVEAT LECTOR

      This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

      You and I do not see things as they are. We see things as we are.
      Cohen, Herb


      There is danger when a man throws his tongue into high gear before he
      gets his brain a-going.
      Phelps, C. C.


      "They couldn't hit an elephant at this distance!"
      The last words of John Sedgwick

      Comment


      • Re: Catalogue debt

        Originally posted by charitynjw View Post
        Yes, it makes perfect sense.


        In which case it would appear that Lowell have changed solicitors.
        Have they informed you? Or the court?
        If not, you don't have to take any notice of anything from Lowell Solicitors (Lowell's in-house mob) unless & until you receive official court notification.
        If it were me, I'd phone the court on Monday for a status update.
        I don't know if the court has been notified but I have not. These are the first papers I have received since I sent a request for CCA and CPR. back in January. I will phone the court. Thank you so much. Will let you know what the court says

        Comment


        • Re: Catalogue debt

          Just to add (scan8.pdf) is the noticed sent from the court? So does this count as the court having been notified? that document says I have to respond by the 27/03. It is also over £10000 so i thought it was not for small claims? Sorry dont understand much about this

          Comment


          • Re: Catalogue debt

            There is the matter of the Directions Questionnaire as well.
            Who filed the Claimant's DQ? Were Lowells Sols acting for Lowells?
            You will need to submit yours per court instructions.

            Edit
            Lol! Crossed posts.
            CAVEAT LECTOR

            This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

            You and I do not see things as they are. We see things as we are.
            Cohen, Herb


            There is danger when a man throws his tongue into high gear before he
            gets his brain a-going.
            Phelps, C. C.


            "They couldn't hit an elephant at this distance!"
            The last words of John Sedgwick

            Comment


            • Re: Catalogue debt

              Originally posted by nafta View Post
              Just to add (scan8.pdf) is the noticed sent from the court? So does this count as the court having been notified? that document says I have to respond by the 27/03. It is also over £10000 so i thought it was not for small claims? Sorry dont understand much about this
              Scan 8 is a Notice of Proposed Allocation.
              The DQs give you & the Claimant the opportunity of requesting which 'track' you consider to be most appropriate. But the court will have the final say. (Even if the claim exceeds £10k).
              CAVEAT LECTOR

              This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

              You and I do not see things as they are. We see things as we are.
              Cohen, Herb


              There is danger when a man throws his tongue into high gear before he
              gets his brain a-going.
              Phelps, C. C.


              "They couldn't hit an elephant at this distance!"
              The last words of John Sedgwick

              Comment


              • Re: Catalogue debt

                Originally posted by charitynjw View Post
                There is the matter of the Directions Questionnaire as well.
                Who filed the Claimant's DQ? Were Lowells Sols acting for Lowells?
                You will need to submit yours per court instructions.

                Edit
                Lol! Crossed posts.
                The claimants DQ has been filled in by Lowell Solicitors. All the correspondence I have received has been sent by them apart for the Notice Of Proposes Allocation DQ from the court which I have to fill in but not sure how? DO I still phone the courts Monday Morning?

                Comment


                • Re: Catalogue debt

                  If I have not been notified of change of solicitors how come has the court decided to send me these DQ? If you are right in saying T&C and not circa 2000 what happens then?

                  Comment


                  • Re: Catalogue debt

                    Originally posted by nafta View Post
                    The claimants DQ has been filled in by Lowell Solicitors. All the correspondence I have received has been sent by them apart for the Notice Of Proposes Allocation DQ from the court which I have to fill in but not sure how? DO I still phone the courts Monday Morning? I would if it were me.
                    Originally posted by nafta View Post
                    If I have not been notified of change of solicitors how come has the court decided to send me these DQ? If you are right in saying T&C and not circa 2000 what happens then?
                    Lowells might be trying a sneaky move. They should apply to the court (& pay handsomely) if they change legal representatives 'mid-stream'.
                    But until you get official notification from the court, their legal rep is per the original claim form.
                    At this stage of the proceedings the case is being 'managed' by Northampton County Court Business Centre.
                    They will probably be blissfully unaware of the change of sols, & have issued DQs because, as far as they are concerned, you have filed a defence & Lowells have replied to it.
                    If you are right in saying T&C and not circa 2000 what happens then?
                    It would be best to get verification from the horse's mouth; contact SD & find out what time period v24.0 T&Cs refer to.
                    In any event, Lowells are still non-compliant re your CCA request.
                    You should get the agreement & T&Cs that were applicable at inception, any variations up to the termination (they usually send the T&Cs that applied at that point), a statement of the account & any other documents referred to in the agreement. (E.g. PPI)

                    If the supplied T&Cs are not from the date you signed the agreement, & you can evidence the fact, if Lowell go to court with them it would not bode well for them. (So don't tell them where they have gone wrong!).
                    Exactly what would happen, however, would be for the judge to decide.
                    CAVEAT LECTOR

                    This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

                    You and I do not see things as they are. We see things as we are.
                    Cohen, Herb


                    There is danger when a man throws his tongue into high gear before he
                    gets his brain a-going.
                    Phelps, C. C.


                    "They couldn't hit an elephant at this distance!"
                    The last words of John Sedgwick

                    Comment


                    • Re: Catalogue debt

                      Ok so if i have understood correctly,

                      i phone the court and query change of solicitors. if the court is not aware then will they say Idon't have to do DQ and things still stand as they were. ie i dont pay attention to the new solicitors requests?

                      Find out about T&C circa 2000

                      As Lowell have yet not supplied CCA as requested claim is stayed? the court should be able to tell me Monday depending on solicitor thing?

                      Comment


                      • Re: Catalogue debt

                        If the court has instructed you to complete a DQ, then it would be a wise idea to do so, file it at court &, if instructed, send a copy to the Claimant's/sols per the courts instructions.
                        To the letter, & within the timescale ordered by the court.
                        CAVEAT LECTOR

                        This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

                        You and I do not see things as they are. We see things as we are.
                        Cohen, Herb


                        There is danger when a man throws his tongue into high gear before he
                        gets his brain a-going.
                        Phelps, C. C.


                        "They couldn't hit an elephant at this distance!"
                        The last words of John Sedgwick

                        Comment


                        • Re: Catalogue debt

                          Originally posted by charitynjw View Post
                          If the court has instructed you to complete a DQ, then it would be a wise idea to do so, file it at court &, if instructed, send a copy to the Claimant's/sols per the courts instructions.
                          To the letter, & within the timescale ordered by the court.
                          sorry to be a pain but will the court tell me wich solicitor to sent it to? If Lowell have not change solicitors offically with the court do i send it to the original solicitors or the new ones? How do I fill it in? Do I accept small claims track and mediation? Sorry it is all getting so comfusing and complicated......
                          Last edited by nafta; 12th March 2017, 08:49:AM.

                          Comment


                          • Re: Catalogue debt

                            Originally posted by nafta View Post
                            sorry to be a pain but will the court tell me wich solicitor to sent it to? If Lowell have not change solicitors offically with the court do i send it to the original solicitors or the new ones?
                            CPR 42.2 - if a party changes their solicitor, an application to that effect must be filed with the court and notice must be served on all other parties (inc the original sol).
                            https://www.justice.gov.uk/courts/pr...l/rules/part42
                            I'd phone the court for a status check.
                            How do I fill it in? The DQ?
                            Do I accept small claims track and mediation? Imho, yes. It's usually best to agree to mediation, & if you are a litigant in person, Small Claims Track helps to limit your exposure to costs. The court will have the final say over the track allocation.
                            Sorry it is all getting so comfusing and complicated......
                            ####
                            CAVEAT LECTOR

                            This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

                            You and I do not see things as they are. We see things as we are.
                            Cohen, Herb


                            There is danger when a man throws his tongue into high gear before he
                            gets his brain a-going.
                            Phelps, C. C.


                            "They couldn't hit an elephant at this distance!"
                            The last words of John Sedgwick

                            Comment


                            • Re: Catalogue debt

                              Originally posted by charitynjw View Post
                              ####
                              If it's been passed to Lowell Solicitors Ltd. it's likely to be a complete cock up!

                              nem

                              Comment


                              • Re: Catalogue debt

                                Thank you [MENTION=5553]charitynjw[/MENTION] for your constant help.
                                So about he DQ I say yes to agree to small claims and mediation....But I thought I was defending this claim, would it not be going against original defence?

                                again about the DQ, I phone the court on Monday to check status and the court tell me Lowell have not filed an application to change solicitors, does their defence still stand?

                                They still have not supply me with documents asked for? what happens about this?

                                Need to find out about T&C v24.0.


                                Lets say that as you suspect Lowell are being sneaky and have done all wrong. How come the claim is not stayed, How can the courts still go ahead with DQ etc?

                                Comment

                                View our Terms and Conditions

                                LegalBeagles Group uses cookies to enhance your browsing experience and to create a secure and effective website. By using this website, you are consenting to such use.To find out more and learn how to manage cookies please read our Cookie and Privacy Policy.

                                If you would like to opt in, or out, of receiving news and marketing from LegalBeagles Group Ltd you can amend your settings at any time here.


                                If you would like to cancel your registration please Contact Us. We will delete your user details on request, however, any previously posted user content will remain on the site with your username removed and 'Guest' inserted.

                                Announcement

                                Collapse

                                Support LegalBeagles


                                Donate with PayPal button

                                LegalBeagles is a free forum, founded in May 2007, providing legal guidance and support to consumers and SME's across a range of legal areas.

                                See more
                                See less

                                Court Claim ?

                                Guides and Letters
                                Loading...



                                Search and Compare fixed fee legal services and find a solicitor near you.

                                Find a Law Firm


                                Working...
                                X