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Thread: **DISCONTINUED!!** Lowell court letter

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  1. #26
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    Default Re: Lowell court letter

    so my D has received another letter from Lowells solicitors it goes like this;

    We confirm receipt of your letter regarding the above account .

    We wrote on the 7 Feb informing you we have requested documentation from the original creditor , we are et to receive these, once we do we will send them to you until then the account will remain on hold.

    We also informed you a CC claim had been issued on 26 Jan you should respond to the claim as you deem appropriate within the time specified in the pack.

    We are going to send the defence letter Monday online does she need to post one too ?

    Thanks

  2. #27
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    Default Re: Lowell court letter

    @charitynjw Hope you don't mind me tagging you

    My D got a letter from Lowells solicitors yday;

    We confirm receipt of your letter regarding the above account .

    We wrote on the 7 Feb informing you we have requested documentation from the original creditor , we are yet to receive these, once we do we will send them to you until then the account will remain on hold.

    We also informed you a CC claim had been issued on 26 Jan you should respond to the claim as you deem appropriate within the time specified in the pack.

    We are going to send the defence letter Monday online how do we do this ? does she need to post one too ?

    Is there an example of SB anywhere ?

    Thanks
    Last edited by hyperglad; 24th February 2017 at 11:03:AM.

  3. #28
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    Default Re: Lowell court letter

    Sorry, i tried to add as attachment but couldn't. Can someone let me know if this is OK and help with the SB part.
    I received the claim XXXXXXXX from the Northampton County Court on 26/01/17 Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.

    This claim appears to be for a card regulated under the Consumer Credit Act 1974.The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim.

    The Claimants statement of case states that the account was assigned from Ikano Bank to Lowells on ??? 2014. I do not recall receiving notice of this assignment. It is denied that Ikano Bank served any Default notice on me pursuant to s87 Consumer Credit Act 1974.

    The Claimant is required to prove that a compliant Default Notice was served upon me.On the 02/02/17 I sent a request for inspection of documents mentioned in the claimant’s statement of case under Civil Procedure Rule 31.14 to Lowells Solicitor.

    I requested the Claimant provide copies of the Agreement, Default Notice and Notice of Assignment.

    Where do I put its from 2008 so SB and what do I say ?

    On the 02/02/17 I sent a formal request for a copy of the original agreement to Lowells pursuant to section 78 of the Consumer Credit Act 1974 along with the statutory £1 fee.Lowells Solicitor has not sent any of these documents to me however they did send me a letter stating that they could not send me the Deed of Assignment as it is a confidential document.

    The Claimant has failed to comply with S 78 (1) Consumer Credit Act 1974 and by virtue of [s77 (4) Consumer Credit Act 1974 cannot enforce the agreement.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.

    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..

    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.It is denied that the Claimant is entitled to the relief as claimed or at all.Statement of TruthThe Defendant believes that the facts stated in this Defence are true. Signed Date 27/02/17
    Last edited by hyperglad; 25th February 2017 at 14:42:PM.

  4. #29
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    Default Re: Lowell court letter

    any chance of paragraphing whilst posting makes easier on eyes to read. i/e/

    1.
    2. 3 etc/ no judge will wade trough that as it is

  5. #30
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    Default Re: Lowell court letter

    Sorry I copied and pasted in paragraphs but it went on like that, I will try to edit.
    Thanks

  6. #31
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    Default Re: Lowell court letter

    Quote Originally Posted by MIKE770 View Post
    any chance of paragraphing whilst posting makes easier on eyes to read. i/e/

    1.
    2. 3 etc/ no judge will wade trough that as it is
    Thanks, should I number the paragraphs on the letter ?

  7. #32
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    Default Re: Lowell court letter

    yes then any reference can be made straight to it later if need be

  8. #33
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    Default Re: Lowell court letter

    Quote Originally Posted by MIKE770 View Post
    yes then any reference can be made straight to it later if need be
    Thanks, does the letter seem ok. Re it being SB , do I just say because this is from 2008 I think it is SB or does it need specific wording, references etc ?

  9. #34
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    Default Re: Lowell court letter

    Under the Limitation Act 1980 Section 5:

    “An action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued.”

  10. #35
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    Default Re: Lowell court letter

    Quote Originally Posted by MIKE770 View Post
    Under the Limitation Act 1980 Section 5:

    “An action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued.”
    Thanks

  11. #36
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    Default Re: Lowell court letter

    My D has to lodge her defence tomorrow, could someone please let me know if this is ok especially the bit about SB. Also how does she submit it to MCOL. Hopefully the attachment has worked ? Copying a few people in, hope that's ok :0
    @Amethyst @Celestine @nemesis45 @Diana M
    Thanks to everyone who have helped us so far
    Attached Files Attached Files
    Last edited by hyperglad; 26th February 2017 at 19:07:PM.

  12. #37
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    Default Re: Lowell court letter

    Defence emailed to the court today, what happens next ?

  13. #38
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    Default Re: Lowell court letter

    My D has today received acknowledgement of defence from the court saying Lowell have 28 days to respond.
    Thanks to everyone who has helped so far ��

  14. #39
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    Default Re: Lowell court letter

    In the court letter it says Lowells may contact you direct, if they do what should she do ?

  15. #40
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    Default Re: Lowell court letter

    Quote Originally Posted by hyperglad View Post
    In the court letter it says Lowells may contact you direct, if they do what should she do ?
    @Amethyst @Celestine @nemesis45 @Diana M
    @MIKE770


    Can anyone answer please she is worried about what happens next. Sorry if I haven't done the @ things right I copied them from another post.

    Thanks

  16. #41
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    Default Re: Lowell court letter

    if they contact come back on here - meantime they have 28 days to respond to your defence if not the case gets stayed, after say 28 + 3 days you can ring the court and check status of their claim if stayed they will tell you, = means Lowells would have to pay to continue to next stage, so keep us informed if they do!

    sure the others will advise you also!

  17. #42
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    Default Re: Lowell court letter

    Thanks Mike

  18. #43
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    Default Re: Lowell court letter

    Hi
    my daughter received a letter today from Lowell.

    Please find enclosed a copy of the Directions Questionnaire which we have lodged with the court. You will shortly receive a copy of the same directly from the court for completion and return.

    I presume we fill this in when it comes and return. What happens next. Still no agreement and she is not actually sure wit relates to as it was 2008.

    All help greatly received.

    Thanks

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  20. #45
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    Default Re: Lowell court letter

    Thanks not sure that helps though ?

  21. #46
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    Default Re: Lowell court letter

    Quote Originally Posted by MIKE770 View Post
    if they contact come back on here - meantime they have 28 days to respond to your defence if not the case gets stayed, after say 28 + 3 days you can ring the court and check status of their claim if stayed they will tell you, = means Lowells would have to pay to continue to next stage, so keep us informed if they do!

    sure the others will advise you also!
    Hi Mike,
    Lowell has now sent a letter (see below) how long after does the court letter usually follow.
    Does she just fill it in agreeing to mediation and return to the court ?

    Thanks again for all your help so far

  22. #47
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    Default Re: Lowell court letter

    take it allocation stage and asking if you agree mediation???? if so say yes to mediation, usual lowells system, at mediation you get asked have you all the documents etc to continue with defence, if lowells have not given you the documents requested you would state no, then then would stop mediation stating not suitable for mediation due to lack of documents., and return the case to court for next step.

  23. #48
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    Default Re: Lowell court letter

    Thanks Mike, she hasn't actually had a form from the court just a copy from Lowell. Will the court document follow shortly?

  24. #49
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    Default Re: Lowell court letter

    should receive one , meanwhile fill the one you got in and leave for a few days see if court sends one!

  25. #50
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    Default Re: Lowell court letter

    Quote Originally Posted by hyperglad View Post
    my daughter received a letter today from Lowell.

    Please find enclosed a copy of the Directions Questionnaire which we have lodged with the court. You will shortly receive a copy of the same directly from the court for completion and return.

    I presume we fill this in when it comes and return.
    Yes you have presumed right.

    Do absolutely nothing until you receive the Directions Questionnaire from the court.

    The court's covering letter (with the blank DQ for you to complete) will make it clear the deadline for response.

    When it's received post up on your thread if you want any help completing it.

    Di
    I am a Litigation Executive at Joanna Connolly Solicitors a firm which specializes in consumer credit.

    This forum’s site rules don’t allow me to give advice by PM but if you need to contact me please email di@joannaconnollysolicitors.co.uk . Our initial advice is always free.

    Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

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