Advice needed lowells solicitors

[Kaj1978]

Hi I'm new to site and hope someone can help.
I've received a claim form from lowells solicitors however I have no idea what money is even owed for the only dispute I had was a store card but this was over 9 years ago if this is form is regards to this am I still liable as any paperwork I had is long gone

[nemesis45]

Re: Advice needed lowells solicitors

[QUOTE=Kaj1978;648535]Hi I'm new to site and hope someone can help.
I've received a claim form from lowells solicitors however I have no idea what money is even owed for the only dispute I had was a store card but this was over 9 years ago if this is form is regards to this am I still liable as any paperwork I had is long gone[/QUOTE}
Good morning, welcome to LB,
Please post a copy of the N1 Claim Form after removing your name /address and the claim number or type in the particulars of claim word for word.

You need to send a CCA request to Lowell ( the claimant) for a copy of the agreement relevant to this debt. ( see green box above for templates) There is a £1 statutory fee to pay use a postal order marked
" For Statutory Fee only " on both sides make a copy and keep for your records. Lowell has 12 + 2 Working Days to reply.

Next a request made under the provisions of Civil Procedure Rule 31.14 (no fee) this is for the documents mentioned in the Particulars of Claim only! This goes to Lowell Solicitor Ltd

Use signed for post and check delivery date and signature print a copy and keep for your records. ( template in green box above.

nem

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[QUOTE=Kaj1978;648535]Hi I'm new to site and hope someone can help.
I've received a claim form from lowells solicitors however I have no idea what money is even owed for the only dispute I had was a store card but this was over 9 years ago if this is form is regards to this am I still liable as any paperwork I had is long gone[/QUOTE}
Good morning, welcome to LB,
Please post a copy of the N1 Claim Form after removing your name /address and the claim number or type in the particulars of claim word for word.

You need to send a CCA request to Lowell ( the claimant) for a copy of the agreement relevant to this debt. ( see green box above for templates) There is a £1 statutory fee to pay use a postal order marked
" For Statutory Fee only " on both sides make a copy and keep for your records. Lowell has 12 + 2 Working Days to reply.

Next a request made under the provisions of Civil Procedure Rule 31.14 (no fee) this is for the documents mentioned in the Particulars of Claim only! This goes to Lowell Solicitor Ltd

Use signed for post and check delivery date and signature print a copy and keep for your records. ( template in green box above.

nem

[Kaj1978]

Re: Advice needed lowells solicitors

Hi I filled in forms as advised it took 2 months for then to send details through in mean time I have received papers to return to court for possible mediation. The papers show store card from 2007 I called to advise I paid this off in cash in 2008 but as it was so long ago I have no proof of this I was told I either dispute but if they prove I owe and I can't prove I paid then I'll have to pay it all but if I agree to mediation (which collectors have advise they would prefer) then I could get rid of courts Costs fees etc and just pay a balsnce they say I owe I don't want to pay anything as I have already done so please advise best way forward

[PAWS]

Re: Advice needed lowells solicitors

Good lord -if this is that old then surely it should be Statute Barred if you have not admitted the claim or in any other way admitted liability in 9 years!

[Kaj1978]

Re: Advice needed lowells solicitors

I agreed to mediation as I was told not to go to court as I have no proof that I could end up having to pay whole amount with court costs, but I have not once admitted liability they sent paper paper work showing it took 4 years before they started chasing ! Am not sure what to do as I don't want to pay this but as I payed cash over 8years ago I have no proof and was told if their records show I've not paid and I cannot prove I have I'm at a loss

[nemesis45]

Re: Advice needed lowells solicitors

I agreed to mediation as I was told not to go to court as I have no proof that I could end up having to pay whole amount with court costs, but I have not once admitted liability they sent paper paper work showing it took 4 years before they started chasing ! Am not sure what to do as I don't want to pay this but as I payed cash over 8years ago I have no proof and was told if their records show I've not paid and I cannot prove I have I'm at a loss

Have you formally stated the alleged debt is statute barred? e.g.

Lowell Solicitors
Ellington House
9 Savannah Way
Leeds Valley Park
Leeds
LS10 1AH

Date

Ref: use theirs:
Re: CC Claim Number.............................:


Sir/Madam,

I refer to the above mentioned claim regarding an alleged debt supposedly arising from an account with....................................: in the sum of £xxx.xx

Please take note I do not acknowledge Any Liability to any company within the Lowell Group.

Receiving the above mention claim on date........................ I was prompted to check my credit history and have concluded that any such alleged debt is Statute Barred under the provisions of the Limitation Act 1980 and I will not therefore make any payments or offer of payment in regard to the alleged debt.

I suggest that Lowell Solicitors now advises its parent company to discontinue/ withdraw this claim in the interest of saving cost and court time.

You are reminded that the onus of providing unequivocal proof that the alleged debt is not statute barred falls entirely upon your " client" please note no payments or written acknowledgment of the alleged debt has been made in 8years.

If your client decides to continue this claim it will be robustly defended.

yours etc.

Use signed for post and check signature and delivery date.

nem
[MENTION=88693]Madrigal[/MENTION] this is what I would draft for you. ( amended to your case)

nem

[charitynjw]

Re: Advice needed lowells solicitors

I agreed to mediation as I was told not to go to court as I have no proof that I could end up having to pay whole amount with court costs, but I have not once admitted liability they sent paper paper work showing it took 4 years before they started chasing ! Am not sure what to do as I don't want to pay this but as I payed cash over 8years ago I have no proof and was told if their records show I've not paid and I cannot prove I have I'm at a loss

How & who did you pay by cash?

[Kaj1978]

Re: Advice needed lowells solicitors

I unfortunately got a letter whilst I was away with family after my nan passed away, I came back with a couple of days to respond I agreed to a mediation which has not been booked yet if I do not respond they will refer to court. Is it worth stating this in mediation ?

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I went into the store "topman"

[charitynjw]

Re: Advice needed lowells solicitors

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I went into the store "topman"

& paid pound notes?

[Kaj1978]

Re: Advice needed lowells solicitors

Yes it pound notes

[charitynjw]

Re: Advice needed lowells solicitors

Yes it pound notes

Have you tried contacting Topman for proof of payment?
A long shot, but you never know........

http://help.topman.com/system/templa...tionVAT-number
Top Shop/Top Man Limited trading as Topman
Registered in England
Company No. 1016191
Registered address:
Colegrave House,
70 Berners Street,
London W1T 3NL
VAT No: GB169 0943 36
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[Kaj1978]

Re: Advice needed lowells solicitors

Hi no I hadn't done this as we couldn't agree on mediation date it is tomorrow going to county court I have no proof of payment as over 8 years ago . The only thing I have is the court paper states they had to send me and courts papers they intend to show in court no later than 14 days before date of court they sent to me on 13th court is 17th any advice please

[charitynjw]

Re: Advice needed lowells solicitors

Hi no I hadn't done this as we couldn't agree on mediation date it is tomorrow going to county court I have no proof of payment as over 8 years ago . The only thing I have is the court paper states they had to send me and courts papers they intend to show in court no later than 14 days before date of court they sent to me on 13th court is 17th any advice please

Which is tomorrow.
& it's now gone 10pm on a Sunday night.
Did you send the CCA request + £1(post #2) & the statute barred letter to Lowell &/or their solicitor per [MENTION=55034]nemesis45[/MENTION] suggestions?
If yes, did you get proof of posting?
Also if yes, did they respond to either/both? (But especially the CCA request)
Are you saying that they only sent details of their case to you received by you on 13/10/2016?
Can you prove this?

[Diana M]

Re: Advice needed lowells solicitors

we couldn't agree on mediation date it is tomorrow going to county court I have no proof of payment as over 8 years ago . The only thing I have is the court paper states they had to send me and courts papers they intend to show in court no later than 14 days before date of court they sent to me on 13th court is 17th

If you've not paid anything towards this debt for at least eight years (as you say in your first post) then it's likely to be Statute Barred. The onus is on the Claimant (Lowells) to prove otherwise. The fact you haven't got any proof of when you last paid should not go against you. It's their job to prove their claim.

If you've been offered Mediation then you must have filed your Defence. Did you say the debt was SB in your Defence or in the very least did you say you paid it off eight years ago?

It seems you may not have filed a Witness Statement but has the Claimant sent you their one?

What was the paperwork you say you received on the 13th? Was there anything in it which proves you've paid in the last six years (before the claim issue date)?

It's hard to suggest what to do without seeing the papers, but if you are due in court tomorrow, and if you believe the debt is Statute Barred (i.e. nothing paid for over at least 6 years) then tell that to the District Judge.

I hope everything goes well for you.

Di

[charitynjw]

Re: Advice needed lowells solicitors

[MENTION=87380]Diana M[/MENTION]

Evening Di

Out of interest, would there be any chance of an adjournment.........some leeway for a LiP, maybe?