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Lowell Solicitors Vs WENDY2215

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  • Lowell Solicitors Vs WENDY2215

    Hello all,

    1. The defendant
      entered into a consumer credit act 1974 regulated agreement with
      shop direct under account number... the agreement.
      2. The
      defendant failed to maintain the required payments and a default
      notice was served and not complied with.
      3. The Agreement was
      later assigned to the claimant on the 15.03.2013 and notice given to
      the defendant.
      4. Despite repeated requests for payment the sum
      of £1,108.56 remains due and outstanding.
      a) The said sum of
      £1,108.56
      b) Interest pursuant to s69 county court act 1984 at
      the rate of 8% per annum from the date of assignment to the date of
      issue accruing at a daily rate of £0.243, but limited to one year ,
      being £88.68
      c) Costs


    I have followed the
    guides found on here so far and had one reply from Lowell
    Solicitors.
    They state that they have requested the agreement,
    statement of account, and the default notice from the original
    creditor and will forward them on when possible.
    They have also
    said the Deed of assignment wont be sent as it is a confidential
    agreement between the client and the original creditor and contains
    information I am not entitled to see.
    They also noted I have
    acknowledged the claim but I must still file a response by 29th
    August 2017 (Clearly this date is wrong).
    They finish by saying
    action on my account has been suspended until the original creditor
    provides the requested documents.

    I don' remember this debt or
    getting anything they say they have sent me. I have lived at my
    current address 10 years now and have never acknowledged this debt
    with anyone. I guess I just wait for the documents requested?

    Thanks
    in advance for any advice.
    Tags: None

  • #2
    Re: Lowell Solicitors Vs WENDY2215

    So what was the date of issue of the claim?

    Comment


    • #3
      Re: Lowell Solicitors Vs WENDY2215

      Sorry the date of issue was 24th August 2017

      Comment


      • #4
        Re: Lowell Solicitors Vs WENDY2215

        You have already acknowledged the claim, so now you have to ensure you put in your defence before the 26th Sept ( regardless of whether you hear back from the claimant or not ) If you have a read of the Example Defence you'll see there is a statute barred paragraph in there which you can use, along with the lack of documentation parts and amend as needed.

        I'll move your thread the the court claim section of the forum.

        So this is a Shop Direct account - so Very, Littlewoods, Isme etc catalogues.
        #staysafestayhome

        Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

        Received a Court Claim? Read >>>>> First Steps

        Comment


        • #5
          Re: Lowell Solicitors Vs WENDY2215

          Hi Amethyst, i think it was a Kays account years ago. Like i said around 10 years im guessing. Thanks for moving it to the correct section for me and for theadvice. I will read the example defences to get a idea. Should i do the letter straight away or wait to see if they send the requested documents? Thanks.

          Comment


          • #6
            Re: Lowell Solicitors Vs WENDY2215

            I'd wait till about the 20th before submitting your defence, just in case they pop up with compliant documents in between now and then xxx

            Sorry just checking - you did acknowledge the claim didn't you ( either sending back the response pack bit or online at moneyclaim online ?)

            Any questions on anything in the defence just shout. If this hasn't been paid or acknowledged for 10 years then it is likely to have been opened before the catalogue companies got their butts into gear with proper credit agreements - so fingers crossed they come up empty handed.
            #staysafestayhome

            Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

            Received a Court Claim? Read >>>>> First Steps

            Comment


            • #7
              Re: Lowell Solicitors Vs WENDY2215

              Yes i aknowledged the claim online. Thaks again for all the help, i wouldnt have a clue how to deal with this without you guys. X

              Comment


              • #8
                Re: Lowell Solicitors Vs WENDY2215

                Hi

                As your defence is due on 26th , I really would wait until the 26th if possible or the 25th if you are unable to do it during the day .

                The reason I suggest this is that these solicitors know all too well what the timelines are and are not beyond waiting until the last minute befoe posting out documents.

                If you enter a defence early ( which is what i would naturally want to do) and they then send the documents they may argue that your defence is useless as you had the documents you are claiming not to have- does that make sense

                From what you say you seem to think this is statute barred - it might be worth sending a Subject Access Request to SD - this will give you all the details. I know you say you have had no dealings but ten years is a long time to remember and you clearly did have some dealings with a catalogue

                Better to have all your ducks in a row in my opinion

                Comment


                • #9
                  Re: Lowell Solicitors Vs WENDY2215

                  Hi all, just to update i filed my defence and it got aknowledged by the court. I have today had another letter from the court with a notice of proposed allocation to the small claims track and a Directions questionnaire.
                  It asks if i agree to mediation? Do i have to do this? Lowell have failed to provide any of the information i requested and i would just like the case thrown out if possible. Can this be done or should i agree to mediation?
                  Thanks in advance for any advice.
                  Wendy.

                  Comment


                  • #10
                    Re: Lowell Solicitors Vs WENDY2215

                    Any advice guys?

                    Comment


                    • #11
                      Re: Lowell Solicitors Vs WENDY2215

                      It's wise at this point to agree to mediation. You never know they might send you some docs

                      Comment


                      • #12
                        Re: Lowell Solicitors Vs WENDY2215

                        Ok thank you.

                        Comment


                        • #13
                          Re: Lowell Solicitors Vs WENDY2215

                          Hi again Wendy

                          Did you plead SB in your defence or did you say you may need to amend it should they produce documents?

                          Comment


                          • #14
                            Re: Lowell Solicitors Vs WENDY2215

                            I said i may need to defend it if the documents come forward as im unsure of any dates and have had nothing requested from the other party as yet.

                            Comment

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