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Lowell Claim Form

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  • #76
    Re: Lowell Claim Form

    Yes £444 including all the fees etc

    Okay thank you! Will post it today. Do I have to photocopy it and send the copy to Lowells solicitors now or Lowells themselves?

    Comment


    • #77
      Re: Lowell Claim Form

      Yes, send a copy to Lowells Solicitors
      #staysafestayhome

      Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

      Received a Court Claim? Read >>>>> First Steps

      Comment


      • #78
        Re: Lowell Claim Form

        Brill, thanks for all your help!

        Comment


        • #79
          Re: Lowell Claim Form

          I have just received an email about mediation.
          I am extremely nervous as I suffer with anxiety, especially on the phone!

          I have no idea what I am suppose to say or what questions will be asked. Can someone just give me a few tips to settle my nerves please? I am dreading this!!

          Comment


          • #80
            Re: Lowell Claim Form

            mediation will ask you if you have all the necessary documents to continue, if you state no not received then they will tell you Mediation failed and pass your case back to the court for next step in proceedings

            Comment


            • #81
              Re: Lowell Claim Form

              Okay thank you!
              I don't have the evidence as requested from Lowells so I'm assuming it will fail.
              Then from what I've just been reading, they will set a court hearing date and I will have to write a witness statement? Just preparing myself for it all as I'm constantly on edge about it.

              Comment


              • #82
                Re: Lowell Claim Form

                My understanding of mediation is that you do not talk to the other side directly
                There is someone on the phone who asks you questions and passes on your responses to the claimant and vice versa

                Everyone who has reported on here about mediation says it is really easy and the mediation people are really nice

                Mediation is not just about settling although there is nothing stopping you making a relatively small offer - this is confidential so the court can't hear about it. If you are worried about that ask the mediator

                I have some potential claims that frankly if I could get rid of for under 25% I would but they are relatively small ( under £200) and approaching SB so I won't offer at the moment

                Comment


                • #83
                  Re: Lowell Claim Form

                  Mediation have just rang, they asked if I had enough documents on the case, which I said I have requested documents which they still have not provided. So she said mediation is unsuitable.
                  She then said it's possible the case may be sent back to mediation if the other party provide documents or it may be sent to small claims. We shall see.

                  Comment


                  • #84
                    Re: Lowell Claim Form

                    I've just received Notice of Allocation to the small claims track for December time.
                    So I need to provide a witness statement, is there a template here for one please?
                    Also what evidence would I need?

                    Thanks

                    Comment


                    • #85
                      Re: Lowell Claim Form

                      Can someone please read over my witness statement and make sure it is okay please? Any help appriciated! Thank you




                      In the County Court at *******

                      Claim Number ********

                      Between: Lowell Portfolio I LTD

                      And

                      *********


                      Witness Statement of *******

                      I, ******** of *****************, being the Defendant in the case will state as follows;



                      • I make this Witness Statement in support of my defence in this claim which is due to be heard on ***** 2017 at ******* County Court. The matter set out below are within my own knowledge except where I indicate to the contrary.


                      • 1. On the **** 2017 I made a formal written request to the Claimants solicitors, Lowell Solicitors LTD, PO BOX 1419, Northampton, NN2 1BU, requesting that the Claimant provides copies of all documents mentioned in the statement of the case. (Exhibit A)

                      • 2. On the ****2017 I contacted the Claimants, Lowell Portfolio I LTD, Ellington House, Savannah, Leeds, West Yorkshire, LS101AB for them toprovide me with a copy of my Consumer Credit Agreement, as entitled to do so under the Consumer Credit Agreement Act 1974 under sections 77-79 (Exhibit B)

                      • 3. On the **June 2017, I received a letter (Exhibit C) from the Claimants in reply to my written request without the requested documents.

                      • 4. CPR Rule 31.15 requires that documents are provided within 7 days from receipt of written request. The Claimant has failed to provide any of the documents mentioned in its claim form.

                      • 5. The Claimants pleaded case is that the Defendant entered into an agreement with 02 (UK) Ltd under account reference **********. I am uncertain as to which account this refers to. Therefore, it is essential that I have sight of the agreement relied upon by the claimant to be able to accurately identify to what the claim refers.


                      Statement of truth,



                      I, *******, believe the facts stated in this witness statement are true.




                      Signed

                      Dated

                      Comment


                      • #86
                        Re: Lowell Claim Form

                        Can i suggest you post it with at least signed for and preferably special delivery and take the proof with you should it go to court.

                        Comment


                        • #87
                          Re: Lowell Claim Form

                          Yes of course, I will send it special delivery.

                          Do I send it to the court the hearing is at? And copies of it to the claimant?

                          Also, does it all look okay to you?

                          Comment


                          • #88
                            Re: Lowell Claim Form

                            Also, for my evidence, I know I send photocopies, but where do I write exhibit A etc on them? Sorry if that's a silly question

                            Comment


                            • #89
                              Re: Lowell Claim Form

                              I might add around point 5 something about needing the original agreement to check the terms to work out how the amount being claimed has arisen, and requiring a breakdown of the sum claimed showing how it has been calculated. I'd also add in about asking them to agree an extension to give them time to produce the agreements, and any issues you might have had/be unsure about the original contract and amount being claimed that they would need to combat.

                              Exhibits write in top right hand corner of each Exhibit.
                              #staysafestayhome

                              Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                              Received a Court Claim? Read >>>>> First Steps

                              Comment


                              • #90
                                Re: Lowell Claim Form

                                "I do not recall entering an agreement with 02(UK) Ltd and have no knowledge of the terms in said agreement. I also do not know how the amount being claimed has arisen. Therefore, I would need to see the agreement to read the terms and understand the breakdown of the sum claimed and how it has been calculated. "

                                Does that sound okay to add as another point?

                                Comment

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