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Thread: Claim form - Lowell Portfolio / Lowell solicitors.

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  1. #26
    Arcadian's Avatar

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    Default Re: Claim form - Lowell Portfolio / Lowell solicitors.

    They appear to have sent you a copy of the original Notice of Assignment that they will allege they sent to you in August last year, as per the date on it.

    Was there a covering letter or just that?

    No mention of or copy of the Agreement?

  2. #27
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    Default Re: Claim form - Lowell Portfolio / Lowell solicitors.

    Hi @Arcadian thanks for your reply.

    To answer your questions - there was no covering letter and you are right. It appears no agreement has been provided. Even though I have requested it. My OP contains their original letter including particulars of claim. Maybe i used the wrong terminology?

  3. #28
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    Default Re: Claim form - Lowell Portfolio / Lowell solicitors.

    Quote Originally Posted by cptsam View Post
    Hello all

    I've had a reply from Lowell to my letter. I can't upload attachments so I have copy paste the CPR31.14 that I sent and uploaded the letters received to imgur

    Can anyone help me please? I'd really appreciate your time.

    Letters received
    http://imgur.com/a/TnThV

    CPR31.14

    Code:
    04/03/2017
    
    Lowell Solicitors LIMITED
    PO BOX 1419
    NORTHAMPTON
    NN2 1BU
    
    
    
    Dear Sirs,
    
    Claim Number: xyz
    
    Request for documents mentioned in a statement of case under CPR 31.14
    
    On 15/03/2017 I received a County Court claim from yourselves of which I have acknowledged receipt indicating my intention to defend in full.
    
    To enable me to file my defence and/or counterclaim, I require inspection of documents you mention in your statement of case ahead of filing my defence on 18 March 2017.
    
    
    1. Agreement
    2. Notice of Assignment
    
    
    In accordance with CPR 31.15(c) I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.
    
    You should note that this claim has not yet been allocated to a specific track and the provisions of CPR 27(2) are of no effect. Had your claim not been issued through CCBC the Claimant would have been obliged to attach copies of the documentation upon which it relies to the Particulars of Claim. I , as Defendant, am entitled to see the documents on which the Claimant relies and which you will have to produce at trial. Disclosure at this stage will enable me to fully plead my case and further the Overriding Objective. 
    
    You should ensure compliance with your CPR 31 duties and ensure that the document(s) I have requested are copied to and received by me within 7 days of receiving this letter.
    
    If you require more time in which to comply with this request you must tell me in writing and confirm your agreement to an extension of the time allowed for me to file my defence as allowed under CPR 15.5 so I may notify the court.
    
    I look forward to hearing from you.
    
    Yours sincerely
    Quote Originally Posted by cptsam View Post
    Hi @Arcadian thanks for your reply.

    To answer your questions - there was no covering letter and you are right. It appears no agreement has been provided. Even though I have requested it. My OP contains their original letter including particulars of claim. Maybe i used the wrong terminology?
    Your request clearly asked for copy of
    1. Agreement

    They have either decided to ignore that point, or they don't have it.

    You could do one of two things:

    Send a re-request of the Agreement. Don't trouble to acknowledge receipt of the copy of the Assignment as this might be construed as you agreeing that you received the original.

    Or

    Assume they don't have the Agreement. State in your defence that you requested it but it has not been supplied, etc.
    Refer to template defences on the site.

  4. #29
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    Default Re: Claim form - Lowell Portfolio / Lowell solicitors.

    Have you calculated how much you think the outstanding payments are in total?
    CAVEAT LECTOR

    This is only my opinion - "
    Opinions are made to be changed --or how is truth to be got at?" (Byron)

    You and I do not see things as they are. We see things as we are.
    Cohen, Herb

    There is danger when a man throws his tongue into high gear before he
    gets his brain a-going.
    Phelps, C. C.

    "They couldn't hit an elephant at this distance!"
    The last words of John Sedgwick

  5. #30
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    Default Re: Claim form - Lowell Portfolio / Lowell solicitors.

    Quote Originally Posted by charitynjw View Post
    Have you calculated how much you think the outstanding payments are in total?
    I haven't been able to calculate it. I don't know what the remainder balance would be for her contract, how long the contract was for, start or end dates etc. Admittedly, I'm finding it really difficult to get to a figure of what that should be and my mother is getting extremely stressed with receiving all these correspondences.


    I must make point we have no qualms with paying money owed, but they are yet to prove / itemise what those are or were. It's just difficult to try and portray this without compromising my mother's position.




    Quote Originally Posted by Arcadian View Post
    Assume they don't have the Agreement. State in your defence that you requested it but it has not been supplied, etc.
    Sounds like most prudent to state in my defence it was not supplied? I'm happy to be guided by you guys as to what my defence should or would best be.

    They appear to indicate in their first paragraph that the agreement is not covered by CCA therefore they do not need to provide it. However, it's to be noted that I did not make a CCA request, but a CPR31.14. Am I entitled to be served a copy under CPR?

    They mentioned a default notice but we never received one. What can we do about that? Is it a point to raise?

  6. #31
    charitynjw's Avatar

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    Default Re: Claim form - Lowell Portfolio / Lowell solicitors.

    Quote Originally Posted by cptsam View Post
    I haven't been able to calculate it. I don't know what the remainder balance would be for her contract, how long the contract was for, start or end dates etc. Admittedly, I'm finding it really difficult to get to a figure of what that should be and my mother is getting extremely stressed with receiving all these correspondences.


    I must make point we have no qualms with paying money owed, but they are yet to prove / itemise what those are or were. It's just difficult to try and portray this without compromising my mother's position.

    I was thinking maybe try a cheeky 'Without prejudice save as to costs' full & final offer in return for them discontinuing the claim.
    But don't admit or acknowledge the claim. 'Alleged' is a good word.




    Sounds like most prudent to state in my defence it was not supplied? I'm happy to be guided by you guys as to what my defence should or would best be.

    They appear to indicate in their first paragraph that the agreement is not covered by CCA therefore they do not need to provide it. However, it's to be noted that I did not make a CCA request, but a CPR31.14. Am I entitled to be served a copy under CPR?
    Many of these debt purchase companies state that mobile phone agreements are not regulated by the CCA.
    That's not entirely correct.
    For instance, T-Mobile has (or had) something called the Equipment Installation Plan, which seems to be a form of split-tariff agreement.
    Certainly several of the providers have offered CCA-regulated agreements.
    Without sight of your agreement, how can Lowells state that it is not regulated? (& if they had a copy, why would they not send a copy to you?).


    They mentioned a default notice but we never received one. What can we do about that? Is it a point to raise?
    ####
    CAVEAT LECTOR

    This is only my opinion - "
    Opinions are made to be changed --or how is truth to be got at?" (Byron)

    You and I do not see things as they are. We see things as we are.
    Cohen, Herb

    There is danger when a man throws his tongue into high gear before he
    gets his brain a-going.
    Phelps, C. C.

    "They couldn't hit an elephant at this distance!"
    The last words of John Sedgwick

  7. #32
    captain sam's Avatar

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    Default Re: Claim form - Lowell Portfolio / Lowell solicitors.

    Thanks @charitynjw

    What should be my next step please? Do I write to them in relation to alleged debt and offer a full and final settlement of say £99?

    I don't recall receiving a default notice, do we have to be served one for it to be valid?

  8. #33
    Arcadian's Avatar

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    Default Re: Claim form - Lowell Portfolio / Lowell solicitors.

    Quote Originally Posted by cptsam View Post
    Thanks @charitynjw

    What should be my next step please? Do I write to them in relation to alleged debt and offer a full and final settlement of say £99?
    Worth a try. As a guide, remember that debt purchasers commonly pay as little as 10p for every pound.

  9. #34
    captain sam's Avatar

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    Default Re: Claim form - Lowell Portfolio / Lowell solicitors.

    Quote Originally Posted by Arcadian View Post
    Worth a try. As a guide, remember that debt purchasers commonly pay as little as 10p for every pound.
    Would £60 be "reasonable" then? How would I word it without compromising the defense?

    The only reason why we didn't pay the bill in the first place was because of the T-Mobile over charging scandle - there's plenty of google about this. As soon as I requested an itemised bill, they refused to provide this.

  10. #35
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    Default Re: Claim form - Lowell Portfolio / Lowell solicitors.

    offer without prejudice = always

  11. #36
    captain sam's Avatar

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    Default Re: Claim form - Lowell Portfolio / Lowell solicitors.

    Hi guys, thanks for all your replies and sorry for sounding dense.

    What should I include or how should I word my letter. Should it simply be as short as follows, a single liner:


    Dear Sirs,

    Reference ####


    I write in relation to the alleged debt. In the interest of saving costs, I offer £60.00, without prejudice in full and final settlement, in return for discontinuation of the claim.

    I look forward to your acceptance in response?

    - - - Updated - - -

    Hi guys, thanks for all your replies and sorry for sounding dense.

    What should I include or how should I word my letter. Should it simply be as short as follows, a single liner:


    Dear Sirs,

    Reference ####


    I write in relation to the alleged debt. In the interest of saving costs, I offer £60.00, without prejudice in full and final settlement, in return for discontinuation of the claim.

    I look forward to your acceptance in response?

  12. #37
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    Default Re: Claim form - Lowell Portfolio / Lowell solicitors.

    Bearing in mind that they have probably forked out £20(ish) to purchase the alleged debt, plus another £25 to issue the claim, they may not bite at £60.

    As @MIKE770 says, head the offer 'Without Prejudice Save As To Costs'.

    Then something like

    In order to achieve a resolution to this dispute I offer an ex gratia full & final sum of £xx in return for your discontinuance of county court claim no. XXXXXXXX, & your assurance that no subsequent claim will be issued in respect of this matter.
    Please note that this is not an an acknowledgement of any debt owed by me to yourselves.

    Give them 7 days from receipt of the letter
    CAVEAT LECTOR

    This is only my opinion - "
    Opinions are made to be changed --or how is truth to be got at?" (Byron)

    You and I do not see things as they are. We see things as we are.
    Cohen, Herb

    There is danger when a man throws his tongue into high gear before he
    gets his brain a-going.
    Phelps, C. C.

    "They couldn't hit an elephant at this distance!"
    The last words of John Sedgwick

  13. #38
    captain sam's Avatar

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    Default Re: Claim form - Lowell Portfolio / Lowell solicitors.

    Thanks for the replies, I genuinely appreciate them! I'm going to write exactly this in the letter, does it look OK?



    Code:
    Dear Sirs,
     
    Without Prejudice Save As To Costs
    In order to achieve a resolution to this dispute I offer an ex gratia full & final sum of £105.00 in return for your discontinuance of county court claim no. XXXXXXXX, & your assurance that no subsequent claim will be issued in respect of this matter.
     
    Please note that this is not an an acknowledgement of any debt owed by me to yourselves.
    
    Yours faithfully
    
    xxxx

    I'd want them to accept, in your opinion what do you think would be reasonable? I was thinking to offer £105?

    My full defense is due on 18 March. I can send the letter tomorrow, but I'm aware the timeframes are pressed. What shall I do if I do not receive a response by Friday 17?

  14. #39
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    Default Re: Claim form - Lowell Portfolio / Lowell solicitors.

    If it were me I'd start at £75.......see what they say.
    You can always make another offer.
    As far as the claim is concerned, you are not allowed to mention a WP offer in your defence or at any time until after the case is heard.
    CAVEAT LECTOR

    This is only my opinion - "
    Opinions are made to be changed --or how is truth to be got at?" (Byron)

    You and I do not see things as they are. We see things as we are.
    Cohen, Herb

    There is danger when a man throws his tongue into high gear before he
    gets his brain a-going.
    Phelps, C. C.

    "They couldn't hit an elephant at this distance!"
    The last words of John Sedgwick

  15. #40
    captain sam's Avatar

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    Default Re: Claim form - Lowell Portfolio / Lowell solicitors.

    Thanks so much for replying.

    If I do not receive a reply due to post delay or it's just too tight a timeframe, do I need to still submit my defense, just in case?

  16. #41
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    Default Re: Claim form - Lowell Portfolio / Lowell solicitors.

    Quote Originally Posted by cptsam View Post
    Thanks so much for replying.

    If I do not receive a reply due to post delay or it's just too tight a timeframe, do I need to still submit my defense, just in case?
    The 'timeframe' for the WP letter will not affect the defence.
    You have to file your defence by the appropriate deadline.
    The court timetable is paramount.
    CAVEAT LECTOR

    This is only my opinion - "
    Opinions are made to be changed --or how is truth to be got at?" (Byron)

    You and I do not see things as they are. We see things as we are.
    Cohen, Herb

    There is danger when a man throws his tongue into high gear before he
    gets his brain a-going.
    Phelps, C. C.

    "They couldn't hit an elephant at this distance!"
    The last words of John Sedgwick

  17. #42
    captain sam's Avatar

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    Default Re: Claim form - Lowell Portfolio / Lowell solicitors.

    Hi thanks for responding.

    I understand that sending the WP letter will not affect defence or time frame. What I'm asking is - do I wait for a reply to that letter or file the defence regardless of whether a response is received?

    Thanks

  18. #43
    charitynjw's Avatar

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    Default Re: Claim form - Lowell Portfolio / Lowell solicitors.

    File regardless.
    Treat the WP as a separate issue which runs concurrently with the claim up to judgment. (If it goes that far).
    CAVEAT LECTOR

    This is only my opinion - "
    Opinions are made to be changed --or how is truth to be got at?" (Byron)

    You and I do not see things as they are. We see things as we are.
    Cohen, Herb

    There is danger when a man throws his tongue into high gear before he
    gets his brain a-going.
    Phelps, C. C.

    "They couldn't hit an elephant at this distance!"
    The last words of John Sedgwick

  19. #44
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    Default Re: Claim form - Lowell Portfolio / Lowell solicitors.

    Thank you very much @charitynjw I'll be sending the offer today. Should I address to lowell solicitors or lowell portfolio?

    Should I include a cheque or anything or a response slip with accept / decline?

  20. #45
    charitynjw's Avatar

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    Default Re: Claim form - Lowell Portfolio / Lowell solicitors.

    Quote Originally Posted by cptsam View Post
    Thank you very much @charitynjw I'll be sending the offer today. Should I address to lowell solicitors or lowell portfolio?

    Should I include a cheque or anything or a response slip with accept / decline?
    Imho, put the Claimant's name & address, & the court claim details, on the letter, but send it via the sols.
    If it were me I wouldn't send any payment at this stage, just set a timeframe for acceptance. (Either a time/date or '(X) days from receipt of offer'.
    Don't forget proof of posting.
    CAVEAT LECTOR

    This is only my opinion - "
    Opinions are made to be changed --or how is truth to be got at?" (Byron)

    You and I do not see things as they are. We see things as we are.
    Cohen, Herb

    There is danger when a man throws his tongue into high gear before he
    gets his brain a-going.
    Phelps, C. C.

    "They couldn't hit an elephant at this distance!"
    The last words of John Sedgwick

  21. #46
    captain sam's Avatar

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    Default Re: Claim form - Lowell Portfolio / Lowell solicitors.

    Quote Originally Posted by charitynjw View Post
    Imho, put the Claimant's name & address, & the court claim details, on the letter, but send it via the sols.
    Sorry to sound daft - how would I do that? ie what would the format look like?

  22. #47
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    Default Re: Claim form - Lowell Portfolio / Lowell solicitors.

    Hi all, I ended up sending letters to both Lowell Solitiors and Lowell Portfolio, better safe than sorry.

    I am now drafting my defense. Any help would be greatly appreciated. I am aware some date fields are missing, I don't have those dates to hand right now but will have a rummage around tomorrow to pinpoint those exactly. I would appreciate some feedback in the meantime. Thanks very much in advance.

    Code:
    1: I received the claim [Claim Number] from the [Northampton] County Court on [Date Received]
    
    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 mobile agreement not regulated under the Consumer Credit Act 1974.
    
    
    4: [It is denied] that the Defendant has [previously] entered into [an agreement] with [T-Mobile] for provision of credit. 
    
    
    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 Claimants statement of case states that the account was assigned from [t-Mobile] to [Lowell Portfolio] on [12/08/2016]. The Defendant does not recall receiving notice of this assignment.
    
    6: On the [Date] I sent a request for inspection of documents mentioned in the claimants statement of case under Civil Procedure Rule 31.14 to [Claimant's Solicitor]. I requested the Claimant provide copies of the [Agreement, Default Notice and Notice of Assignment] .
    
    
    7. [Claimant's Solicitor] has not sent the agreement to me.
    
    8. 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.
    
    
    9. 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.
    
    
    10. 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.
    
    
    11. It is denied that the Claimant is entitled to the relief as claimed or at all.
    Last edited by captain sam; 17th March 2017 at 06:48:AM.

  23. #48
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    Default Re: Claim form - Lowell Portfolio / Lowell solicitors.

    Any help please? Defense is due tomorrow....

    Thanks in advance

  24. #49
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    Default Re: Claim form - Lowell Portfolio / Lowell solicitors.

    @Amethist

  25. #50
    Arcadian's Avatar

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    Default Re: Claim form - Lowell Portfolio / Lowell solicitors.

    Having said early on in your defence that the CCA 1974 does not apply, you can't then go on to refer to it in later points.

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