lowell solicitors ccj threat

[leejc]

Re: lowell solicitors ccj threat

Bit of a late reply to this, took slightly longer to send the cca request off to which i done so after making a phone call to put the account on hold for 7 days, sent the cca on the 28th and they signed for it on the 29th but while my account was on hold the court gave me a ccj on the 28th when my hold wasn't due to end till the 29th, i rang lowell questioning this and asked about the cca i sent in and they claimed because a court claim form was sent out in may theu legally do not have to reply to my cca request, due to my account being on hold and court giving me a ccj within thw 7 day hold period they have now put my account on hold again while they investigate this, she kept going on about how they legally so not have to reply to the cca which gets me thinking can they possibly supply me what i want when it was all set up on line around 4 years ago, what steps should i take from here guys?

[nemesis45]

Re: lowell solicitors ccj threat

Bit of a late reply to this, took slightly longer to send the cca request off to which i done so after making a phone call to put the account on hold for 7 days, sent the cca on the 28th and they signed for it on the 29th but while my account was on hold the court gave me a ccj on the 28th when my hold wasn't due to end till the 29th, i rang lowell questioning this and asked about the cca i sent in and they claimed because a court claim form was sent out in may theu legally do not have to reply to my cca request, due to my account being on hold and court giving me a ccj within thw 7 day hold period they have now put my account on hold again while they investigate this, she kept going on about how they legally so not have to reply to the cca which gets me thinking can they possibly supply me what i want when it was all set up on line around 4 years ago, what steps should i take from here guys?

What has happened here it seems ( correct me if I'm wrong ) is that you have verbally asked for an extension of time and have been told the account was put on hold for 7 days? On Hold has no meaning in the court process.

A CCA request is valid until judgment is made.

Have now had the judgment order.

nem

[smoggers]

Re: lowell solicitors ccj threat

Hi
Bit of an update on this one.
We never received a response from either lowells solicitors or lowell to either of our letters but received notification from the court (dated 1st august) to acknowledge our defence. Nothing further until a letter received from lowell solicitors (dated 19 august) that in response to our letter of 12 July!! they had passed on iur request for documents to their client and will forward upon receipt. Ends by thanking us for our patience!!
We have now received a Notice of Proposed Allocation to Small Claims Track stating we need to file it by 19th September.
A few questions;
1. Is there anything we can do in regards to not having the documents requested from lowell and lowell solicitors
2. The fact we have not had the documents means we cannot put together a full defence, do we wait to see if they comply and if they don't request the case be struck out?
3. Make an application to the court that lowell and lowell solicitors have failed to comply with our requests.
Thank you

[Stu]

Re: lowell solicitors ccj threat

Unfortunately the claimant can have up to 14 days before court date to supply you with the documents

Not having the documents in time when filing your defence would just make up part of your defence and if still nothing when your witness statement is due would make part of that also

But next part of the process is...

You will receive a directions questionnaire, you will need to fill it in and serve one to the claimants and one to the courts ... yes to mediation and yes to jurisdiction ONLY if you live in Scotland otherwise no...

[Diana M]

Re: lowell solicitors ccj threat

I'm confused

This thread was started by leejc who subsequently got a Default Judgment due to failure to file their Defence by the deadline according to post # 31. No mention of any set aside application after that.

Then there are posts by smoggers and replies about a different claim mixed up with the replies to leejc for their claim.

At least that's what it looks like.

Di

[smoggers]

Re: lowell solicitors ccj threat

Hi Di
Not sure what has happened in the thread but appears leejc has joined in at some point.
If we don't receive the requested documents from Lowell or Lowell solicitors I take it we use this in our defence that they have breached CPR's?

[smoggers]

Re: lowell solicitors ccj threat

Hi Di
Not sure what has happened in the thread but appears leejc has joined in at some point.
If we don't receive the requested documents from Lowell or Lowell solicitors I take it we use this in our defence that they have breached CPR's?

[Diana M]

Re: lowell solicitors ccj threat

Hi Di
Not sure what has happened in the thread but appears leejc has joined in at some point

According to post # 1 this thread was started by leejc on 27th June prior to you joining the forum on 6th July.

Di

[Amethyst]

Re: lowell solicitors ccj threat

I'll have a bit of a sort out after the school run xx

[smoggers]

Re: lowell solicitors ccj threat

Hi all
Not sure what happened on this thread but hoping can continue where we left off.
Since last post haven't received the requested documents from Lowell or Lowell solicitors, entered defence on-line and agreed a mediation as did they, Northampton centre wrote to us before xmas advising mediation couldn't be set up and had been passed the details to our local Court and we would hear from them. We have today received a Notice of Allocation to the Small Claims Track (Hearing) advising the DJ has recommended this matter be handled via mediation and asked for our agreement within 7 days via the mediation service or the matter will proceed to a final hearing on April 2017.
We are going to agree to the telephone mediation as we did previously and assume if Lowell do the same it should proceed to this stage.
I presume we just agree the telephone mediation, should we raise the issue of the lack of documents provided by Lowell & Lowell solicitors as requested last year.
Thanks

[nemesis45]

Re: lowell solicitors ccj threat

Hi all
Not sure what happened on this thread but hoping can continue where we left off.
Since last post haven't received the requested documents from Lowell or Lowell solicitors, entered defence on-line and agreed a mediation as did they, Northampton centre wrote to us before xmas advising mediation couldn't be set up and had been passed the details to our local Court and we would hear from them. We have today received a Notice of Allocation to the Small Claims Track (Hearing) advising the DJ has recommended this matter be handled via mediation and asked for our agreement within 7 days via the mediation service or the matter will proceed to a final hearing on April 2017.
We are going to agree to the telephone mediation as we did previously and assume if Lowell do the same it should proceed to this stage.
I presume we just agree the telephone mediation, should we raise the issue of the lack of documents provided by Lowell & Lowell solicitors as requested last year.
Thanks

Hi Smoggers,

Unless you have the documents in hand mediation is not a good idea and also I would expect the mediator to decline to go forward.

Also while the claimant is in default of a CCA request the debt is rendered unenforceable until the agreement or a compliant reconstituted one is produced.

nem

[smoggers]

Re: lowell solicitors ccj threat

Hi Nem

Thank you for the swift response, apologies for the delay, been busy with work etc.

We received notification of the mediation (which is tomorrow morning by telephone) and although the service are aware that there are outstanding documents they advised to go ahead as nothing to lose therefore we are going ahead and are proposing to make a nominal initial payment and then monthly payments on the basis they withdraw the case. I appreciate this may go against all the advice and hard work you have all put into this for us however the last thing my wife needs is a CCJ awarded against her when they suddenly produce the documentation before the hearing in April. We are told by the mediator they are not there to discuss documents, or lack of, and are there to simply bring the matter to an amicable conclusion.
I would appreciate any further advice anyone can give prior to the mediation.

[Diana M]

Re: lowell solicitors ccj threat

My personal view is you should do what feels right for you (Mediation settlement) and not what anyone else thinks you should do (fight on to Trial). They are not in your shoes.

It's also untrue that Mediation can't take place without the Defendant having all the documents in their possession. The gist of the email/phone call question to arrange Mediation is "do you have enough paperwork to Mediate" so if no paperwork at all is 'enough' for you to go ahead then you can if you want to.

Nobody likes going to court except lawyers. If your wife wants to call a halt to the stress then she has made the right decision for her.

The Mediator will be more of a psychologist than a lawyer. There will be no legal argument as such but there's no harm in stating that you are only settling for personal reasons and let the Mediator know that the Claimant hasn't got a legal leg to stand on.

The Claimant will have bought this debt for a fraction of the outstanding balance so any money they recover from you stands to be profit. Bear that in mind when negotiating. Start much lower than you can afford and see what their counter offer is.

You can also have anything (reasonable) written into the settlement so maybe ask it to include no further financial reviews. This will stop them hassling you for an I & E every six months. Alternatively if they ask to include a regular review then refuse.

I think you'll be pleasantly surprised by the way the session goes. The Mediator will be nonjudgmental and you'll be free of this stress an hour later.

The settlement will be legally binding even if it's not a CCJ. But it could turn into a CCJ if you miss a payment so I would suggest that you pay two instalments at the start so you're always one month ahead to allow for bank glitches and forgetfulness.

Good Luck tomorrow.

Di

[smoggers]

Re: lowell solicitors ccj threat

Thank you Di, much appreciated and calming advice!!

[Diana M]

Re: lowell solicitors ccj threat

You can take the Mediation call on behalf of your wife if she emails the Mediation service to give her authority for that.

Di