Lowell court claim - help please!

[nemesis45]

Re: Lowell court claim - help please!

Do I have to sent a copy of the CCA with the CPR?

No.

nem

[Abbz2016]

Re: Lowell court claim - help please!

Hi, I have received a letter today from Lowell solicitors saying that " we confirm receipt of your request for details relating to the above account. The account will be placed on hold until we have received the requested documents from the original credits Lloyds Banking Group Plc. These will then be forwarded to you upon receipt".

i have logged into moneyclaim.gov.uk to see if it would say on there that this is on hold but it doesn't. Is there any way I can find out if they are telling the truth or is this to trick me into not filing my defence on time?

thanks

[MIKE770]

Re: Lowell court claim - help please!

ignore lowells on hold business, the court rules proceedings just follow the court request, just make sure you follow court request lowells hope you slip up and get default judgment, but you are cleverer than them

[Diana M]

Re: Lowell court claim - help please!

received a letter today from Lowell solicitors saying that " we confirm receipt of your request for details relating to the above account. The account will be placed on hold . . . .

i have logged into moneyclaim.gov.uk to see if it would say on there that this is on hold but it doesn't. Is there any way I can find out if they are telling the truth or is this to trick me into not filing my defence on time?

I couldn't possibly say if it was a trick or deliberate

But if your claim was issued on 5th August (that's what you said in post # 3) then your Defence must be filed no later than 4 pm on 6th September i.e. tomorrow.

If you miss the deadline you may get a Default Judgment against you.

If you can file it today so much the better since the MCOL database has been known to have the odd technical blip. Or you can file it by email if that happens.

Di

[MIKE770]

Re: Lowell court claim - help please!

• County Court Money Claims Centre: MCOL@hmcts.gsi.gov.uk

if you have problems signing in MCOL Site

[Diana M]

Re: Lowell court claim - help please!

*Posted on 15th August*:

The issue date is 05/08/16 so do I add 5 days + 14 days so my filing my defence date would be 24/08/2016?

^^^ I can see you didn't get a response to your forum question last month so please see my post below since you're up against a deadline (tomorrow) for filing your Defence.

if your claim was issued on 5th August (that's what you said in post # 3) then your Defence must be filed no later than 4 pm on 6th September i.e. tomorrow.

If you miss the deadline you may get a Default Judgment against you.

If you can file it today so much the better since the MCOL database has been known to have the odd technical blip. Or you can file it by email if that happens.

Di

[Abbz2016]

Re: Lowell court claim - help please!

Thanks for the advice. I have written my defence please could someone look over it especially no.12 (In bold) as i am unsure if this applies to me because of the letter Lowell Solicitors send about placing the account on hold.

1: I received the claim xxxxxxx from the Northampton County Court Business Centre on 13/08/2016.

2: Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.

3: This claim appears to be for a Current Account agreement regulated under the Consumer Credit Act 1974.
4: The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim.
5. The particulars of claim fail to state when the agreement was entered into.
6. The Claimants statement of case states that the account was assigned from Lloyds Banking Group PLC to Lowell Portfolio 1 LTD on 17/06/2015. The Defendant does not recall receiving notice of this assignment.
7. It is denied that Lloyds Banking Group PLC served any Default notice on the Defendant pursuant to s87 Consumer Credit Act 1974. The Claimant is required to prove that a compliant Default Notice was served upon the Defendant.
8: On the 16/08/2016 I sent a request for inspection of documents mentioned in the claimant’s statement of case under Civil Procedure Rule 31.14 to Lowell Solicitors Limited. I requested the Claimant provide copies of the Agreement, Default Notice, Notice of Assignment and repeated requests for payment.

9. Lowell Solicitors Limited has not sent any of these documents to me.
10. On the 16/08/2016 I sent a formal request for a copy of the original agreement to Lowell Portfolio 1 LTD pursuant to section 78 of the Consumer Credit Act 1974 along with the statutory £1 fee.
11. The Claimant has failed to comply with s 78 (1) Consumer Credit Act 1974 and by virtue of s 78 (6) Consumer Credit Act 1974 cannot enforce the agreement.
12. The Parties agreed to an extension to the time period allowed for filing of my defence under CPR 15.5 to allow the Claimants additional time to produce the relevant documentation to evidence their claim; however they have failed to do so.
13. Under Civil Procedure Rule 16.5 (4) Where the claim includes a money claim, a defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation. Therefore It is expected that the Claimant be required to prove the allegation that the money is owed as claimed.

14. I request the court orders the Claimants to provide the necessary documentation in order for me to fully plead my case else the Claim should stand struck out.

15. In the event that the relevant documents are received from the Claimants I will then be in a position to amend my defence, and would ask that the Claimants bear the costs of the amendment.

16. It is denied that the Claimant is entitled to the relief as claimed or at all.

Statement of Truth

The Defendant believes that the facts stated in this Defence are true.

[Diana M]

Re: Lowell court claim - help please!

I have written my defence please could someone look over it .

I'm not in a position to do that without having seen any paperwork but maybe one of the Beagles can do that for you.

Just don't miss the filing deadline

Di

[Abbz2016]

Re: Lowell court claim - help please!

I'm back!

Well Lowell have sent the requested documents including one with my signature and also have requested to the court "the stay is lifted"

The letter says
" our intention to proceed and reply to the defence was due to be filed at the court by 28th September. However due to an administrative error on behalf of the claimants solicitors, the intention to proceed was not filed.

No disrespect was intended to the court for the late filing of the above. The defendant has not been prejudiced in any way due to the delay.

The claimant will be proceeding with the claim, on the basis that the claimant believes the outstanding balance is due and owing by the defendant.

The claimant respectfully requests that the stay is lifted and directions questionnaires are sent to both parties."

The directions questionnaire is for the small claims track. What do I do now? They have also spelt my first name wrong on their part of said questionnaire.

[Diana M]

Re: Lowell court claim - help please!

Lowell have sent the requested documents including one with my signature and also have requested to the court "the stay is lifted"

Have they made an application to lift the stay or are they saying their solicitors messed up ("administrative error" only noticed five months later apparently) so they want the stay lifted without having to pay or give any reason?

When did they send the requested documents? Before or after the 28 days which followed your Defence filing last September?

I expect there's a link between the two events.

Di

[Abbz2016]

Re: Lowell court claim - help please!

The date on the letter where they sent me requested documents is 4th November 2016.

As far as I'm aware the application has been made on 18/11/2016 according to the application notice for their half of the questionnaire where they have written my first name wrong.

I received a letter on 01/02/2017 from Lowell solicitor saying
" please find enclosed a copy of the directions questionnaire which we have now lodged with the court. You will shortly receive a copy of th same directly from the court for completion and return. The court will use the information contained in both our copy and yours to make decisions about how the case should proceed"

[Diana M]

Re: Lowell court claim - help please!

When you receive your DQ from the court you need to complete it and file at court before the deadline they (the court) give you in the covering letter.

So what were the documents that Lowell sent you last November?

Di

[Abbz2016]

Re: Lowell court claim - help please!

Thanks to getting back to me. The documents are my signed agreement with Halifax and others about when they were assigned my debt. Basically what I had asked them for