Lowells County Court Claim, Advice greatly appreciated

[warwick65]

Re: Lowells County Court Claim, Advice greatly appreciated

Was the finance a set amount for a specific item, if so I think s77(1) and s77(4). If however it was for credit you could pay a bit off and spend a bit like a credit card it would be s78(1)and s78(6)
[MENTION=6]Amethyst[/MENTION] [MENTION=5553]charitynjw[/MENTION]

[o0Wiggy0o]

Re: Lowells County Court Claim, Advice greatly appreciated

It was finance for a sofa at DFS so i'm guessing it would be s77(1) and s77(4).

Thank you

[charitynjw]

Re: Lowells County Court Claim, Advice greatly appreciated

11. On the 17^th July 2017, I sent a formal request for a copy of the original agreement to Lowell Portfolio I LTD

.....so i'm guessing it would be s77(1) and s77(4).

If you sent a formal request, what did the formal request say?

[o0Wiggy0o]

Re: Lowells County Court Claim, Advice greatly appreciated

I just used the template from here that says "Please treat this letter as a formal request for you to supply a copy of my Consumer Credit Agreement as is my entitlement under sections 77-79 of the Consumer Credit Act 1974."

Thanks

[charitynjw]

Re: Lowells County Court Claim, Advice greatly appreciated

If it were me I'd tweak paras 11 & 12 to include the following

Creation offer a number of regulated financial products.
The Claimant's Particulars of Claim fail to identify which type is applicable.
A CCA request via ss77-79 was sent, etc.
Claimant has failed to comply.

(For your ref....no need to put this in your filed defence) http://www.creation.co.uk/ )

[o0Wiggy0o]

Re: Lowells County Court Claim, Advice greatly appreciated

Ok, great i'll tweak it a bit.

Thank you

[o0Wiggy0o]

Re: Lowells County Court Claim, Advice greatly appreciated

Like this?

1. Creation offer a number of regulated financial products. The Claimants Particulars of Claim fail to identify which type is applicable. On the 17^th July 2017, I sent a formal request for a copy of the original agreement to Lowell Portfolio I LTD pursuant to section 77 – 79 of the Consumer Credit Act 1974 along with the statutory £1 fee.

2. The Claimant has failed to comply with [s77 (1) / s 78 (1)???] Consumer Credit Act 1974 and by virtue of [s77 (4) / s 78 (6)???] Consumer Credit Act 1974 cannot enforce the agreement.

The stuff in red is still confusing me, i'm sorry.

Thanks

[charitynjw]

Re: Lowells County Court Claim, Advice greatly appreciated

Like this?

1. Creation offer a number of regulated financial products. The Claimants Particulars of Claim fail to identify which type is applicable. On the 17^th July 2017, I sent a formal request for a copy of the original agreement to Lowell Portfolio I LTD pursuant to section 77 – 79 of the Consumer Credit Act 1974 along with the statutory £1 fee.

2. The Claimant has failed to comply with the request & so cannot enforce the agreement.

Or something like that.

[o0Wiggy0o]

Re: Lowells County Court Claim, Advice greatly appreciated

Ok, great.

Thank you for your time and help

[o0Wiggy0o]

Re: Lowells County Court Claim, Advice greatly appreciated

UPDATE - I've now recieved a copy of Lowells Solicitors Directions Questionnaire. What's the next step? Do I go to the mediation?

[warwick65]

Re: Lowells County Court Claim, Advice greatly appreciated

Hi
At this stage I would agree to mediation. Leaves your options open.

[charitynjw]

Re: Lowells County Court Claim, Advice greatly appreciated

Hi
At this stage I would agree to mediation. Leaves your options open.

^^^^^
What he said! (Evening, Warwick )

[warwick65]

Re: Lowells County Court Claim, Advice greatly appreciated

Evening Charity. I do sometimes talk sense or so it is alleged

[o0Wiggy0o]

Re: Lowells County Court Claim, Advice greatly appreciated

Hi All

Just an update.

I received a Notice of Allocation to Small Claims Track letter on 8th November which basically says unless Lowells doesn't pay the Trial Fee by the 2nd January then the debt will be struck out.

I've left it a while to see if i would receive an update to whether they have payed it or not and i've been signing in to the moneyclaim website to see if that's been updated.

Can i call the court to find out if that has been paid?

The court date is on the 30th January and Lowells never sent me any proof of the debt at all so i don't know leg they have to stand on.

Regards

[Kati]

Re: Lowells County Court Claim, Advice greatly appreciated

I'm sure you can call the courts to ask the status of the claim [MENTION=6]Amethyst[/MENTION] [MENTION=87380]Diana M[/MENTION] ??