SARS agreements etc

[Pippincat]

Re: SARS agreements etc

Hi nem yes that is what iv asked for from lowells his words were WE ARE NOT OLBIGED TO HAVE TO GIVE U THEM I TOLD him it's my right to have it as can't remember this debt and they need to give it to me to proceed to court told him he could be anyone asking for money I want the prove of the agreement etc This debt is 7 years old with no acknowledgment too

[nemesis45]

Re: SARS agreements etc

Hi nem yes that is what iv asked for from lowells his words were WE ARE NOT OLBIGED TO HAVE TO GIVE U THEM I TOLD him it's my right to have it as can't remember this debt and they need to give it to me to proceed to court told him he could be anyone asking for money I want the prove of the agreement etc This debt is 7 years old with no acknowledgment too

Was this the CCA request + £1 fee? Pip?
Was it sent to Lowell solicitors or Lowell Financial/ Lowell Portfolio?
Did you get a name for their phone jockey?

nem

[Pippincat]

Re: SARS agreements etc

Hi nem it was sent to Lowell solicitors they are the ones I rang it was a cca request . He was a right idiot on the phone I said it's my right for u to supply these documents to me to proceed he said they don't have too that they can just present them in court then he proceeded to say I might get something in the post by end of the week if not to call back . If iv requested them they are suppose to send them to me are they within that timescale ??? Thanks nem

[nemesis45]

Re: SARS agreements etc

Hello Pip,
Lowell " solicitors" is staffed "by people it seems that are thumb up bum brain in neutral"

Send the CCA request again and address it to Andrew Bartle COO the Lowell Group at the Ellington House address, with a cover letter saying Lowell Solicitors has said you are not entitled to see the documents.

nem

[Pippincat]

Re: SARS agreements etc

Will I have to put another £1 postal order thanks nem. Who is this man then andrew bartle ?

[Diana M]

Re: SARS agreements etc

it was a cca request to lowells . . . . I have phoned lowells requesting all the documents they said they don't have too they can just present them in court . I told them it's my right they supply me proof of this debt as it's 7 years old with no payment since 2009 and no acknowledgment either thanks

It may not be wise to phone the Claimant/solicitors direct once legal proceedings have commenced. Keep everything in writing or email.

You've sent a valid CCA Request and they have not produced the documents.

Good. That's what you want

What you don't want is for them to produce a credit agreement, DN, NOA and so on.

You've phoned them and discussed it so you know they've received it. If you sent it Royal Mail Recorded Delivery or with Proof of Posting then you'll have evidence that it was sent.

So they are currently in default of your CCA Request which means the debt will be unenforceable in court until or unless they comply with your statutory request.

You have no need to send another request while the first request remains in default.

Why chase them to produce paperwork which might harm your Defence? Right now (part of) your Defence is that they haven't complied. Don't spoil that.

You've also told them you believe the debt is Statute Barred which may not have crossed their minds. By doing that you've tipped them off to your potential Defence which gives them the opportunity to go looking for evidence to contest your claim (of SB).

Less is more with litigation.

Do what the court requires you to do, and if you're not sure about anything else then post up a question on the forum.

Oh, and keep your fingers crossed that Lowells don't comply with your CCA Request

Di

[nemesis45]

Re: SARS agreements etc

Will I have to put another £1 postal order thanks nem. Who is this man then andrew bartle ?

Yes, and send the CCA request to the claimant as shown on the claim form (N1).
CPR 31,14 for documents mentioned in the particulars of claim (no fee) goes to the solicitors.

nem

[Pippincat]

Re: SARS agreements etc

Hi all again recieved a directions questionaire from the court today iv still not recieved cca from lowells or shop direct .. lowells originally said in a email dated the 3rd Jan which I printed off that they would get agreement statements etc to me and put the account on hold while they do this as I wanted prove which I asked for verbally on the phone I then got that email but nothing so not sure if I can go by that date for the 12 days as I didn't hear I then sent a cca request to them with the £1 fee which they recieved 18th of this month so what day can I go from do u think if I have evidence in a email stating they would get cca to me also I believe this debt is statured barred how do I fill in the directions questionaire thanks everyone kitty

[charitynjw]

Re: SARS agreements etc

You seem to have 5 threads running atm
http://www.legalbeagles.info/forums/...earchid=129956

[Pippincat]

Re: SARS agreements etc

Hi di have u seen my last thread on the direction questionaire look fwd to your reply thanks kit

[Pippincat]

Re: SARS agreements etc

Anyone please help with the above thread posted yesterday time 19.05 I need to know if the letter I have from lowells 3/1/17 can be used as evidence that they wrote in a email stating they would get all the documents from the OC and put it on hold till I recieved them which they haven't followed through with iv had nothing thanks everyone it's been a great support to me on here

[MIKE770]

Re: SARS agreements etc

failure by them is their problem not yours you do not chase them, you will of course mention their failure in court papers

[Pippincat]

Re: SARS agreements etc

Hi mike thanks I know I do not chase them but this email I got from them saying they would get the documents from oc and send to me can I go from that date on that letter as evidence they hav not backed up their word thanks kit

[charitynjw]

Re: SARS agreements etc

Have you completed & returned to court an N180 Allocation/Directions Questionnaire?

[Pippincat]

Re: SARS agreements etc

Hi charity I haven't yet as iv only just recieved it not sure how to fill it in ... I wanted to know if this email from lowells saying they would send me documents on the debt can be used from that date as I have it in black and white them saying they would get the documents from the oc and send to me while they were doing that they said they hav placed the acct on hold what do I do use this letter as evidence which means they hav run out of time thanks