me vs Lowell (for a Studio 24 account from 2009)

[discopanda]

Hi all

to cut a long story short, I would have defaulted on my Studio account in January 2011 after missing my monthly payment (and not making any further payments since Dec 2010) I had gotten into a bad situation and also had to leave my flat to live with my parents...

fast forward to this year when I received a letter from the court saying that Lowell had made a claim for money owed on this account. I checked my bank to see when last payment was made and it was December 2010 and I received this letter from court in May 2017.. I read up about it and realised it was statute barred. I thought I only had to send this back as a defense which I did...I didnt do anything else..it bypassed the mediation as they said if I knew it was statute barred then mediation would be useless..

So now I have a court date for August 18th and being asked to file a witness statement...I havent contacted Lowell at all to ask them to provide me with anything, and am now concerned that I have done this all wrong? Am i now doomed?

thanks in advance for any advice/help.

NB Lowell are saying my default date is much later than it would have been... They sent me a few letters in between initial court letter and to date, asking me to settle now to avoid court and that the default date is within 6 years. (which it cant be as Studio ts and cs have always been once you miss a payment your account can default. )

[discopanda]

Re: me vs Lowell (for a Studio 24 account from 2009)

Is it possible.someone can please help me? I need advice pretty urgently. Thank you in advance

[ostell]

Re: me vs Lowell (for a Studio 24 account from 2009)

So start writing your witness statement which is basically the story from your point of view, with dates. This will allow you to introduce the T & C's which state that it is a default after 1 month.

[charitynjw]

Re: me vs Lowell (for a Studio 24 account from 2009)

Hi discopanda

If it were me I'd fire off a CCA s78 request + fee to Lowells. (The Claimant per the court claim form).
Send a copy to the solicitors (no fee needed with this one) with a covering letter saying 'for information only'.
They then have 14 days (12 + 2 for posting) to produce compliant documentation.
If they fail to do so they cannot enforce the agreement until they are compliant.
But you will need to act quickly.
& get proof of posting.
http://legalbeagles.info/library/gui...etter-example/

[discopanda]

Re: me vs Lowell (for a Studio 24 account from 2009)

Hi discopanda

If it were me I'd fire off a CCA s78 request + fee to Lowells. (The Claimant per the court claim form).
Send a copy to the solicitors (no fee needed with this one) with a covering letter saying 'for information only'.
They then have 14 days (12 + 2 for posting) to produce compliant documentation.
If they fail to do so they cannot enforce the agreement until they are compliant.
But you will need to act quickly.
& get proof of posting.
http://legalbeagles.info/library/gui...etter-example/

Ok thanks. Who are the solicitors? I onky.have claimant as Lowell and they are the only people I have had letters from. Sorry if a stupid question and thanks.for.your response

[charitynjw]

Re: me vs Lowell (for a Studio 24 account from 2009)

If you look at the court claim form it will show the exact name/address of the Claimant &, if legally represented, the name address of the solicitors.
Lowells sometimes start off with one solicitor, then change to another (usually the in-house mob, Lowell Solicitors).
If so you should receive official notification of that change. (Lowells often forget this important fact!).

[discopanda]

Re: me vs Lowell (for a Studio 24 account from 2009)

If you look at the court claim form it will show the exact name/address of the Claimant &, if legally represented, the name address of the solicitors.
Lowells sometimes start off with one solicitor, then change to another (usually the in-house mob, Lowell Solicitors).
If so you should receive official notification of that change. (Lowells often forget this important fact!).

Thank you so much - yes I just looked and the solicitors are Lowell Solicitors and claimant is Lowell Portfolio I Ltd. So i make payment to Lowell Portfolio (for CCA) and send the for info copy to the solicitors? I will send it registered today. thank you.

[warwick65]

Re: me vs Lowell (for a Studio 24 account from 2009)

Hi

Do you by any chance have copies of old credit files or even better the old default notice

You say it defaulted in Jan 2011 - is this just your opinion or can you back it up.

[discopanda]

Re: me vs Lowell (for a Studio 24 account from 2009)

Hi

Do you by any chance have copies of old credit files or even better the old default notice

You say it defaulted in Jan 2011 - is this just your opinion or can you back it up.

[SUP]u[/SU

No unfortunately I don't, I am going.on the fact that the studio online ts and cs say it ca default after first missed payment.

[warwick65]

Re: me vs Lowell (for a Studio 24 account from 2009)

Hi
I am assuming they are the current terms and conditions

The CCA request may help and indeed if the terms and conditions sent say the same you may have a chance - depends on the judge

[discopanda]

Re: me vs Lowell (for a Studio 24 account from 2009)

Yes hopefully that will be on my side. It does seem crazy that my last payment was December 2010 and Lowell added the default in August 2011. Ah well I will await the court date and see what happens. Thank you all for help and advice it is appreciated.