Lowell response to CAA

[Wookiee]

So I've received a response from Lowell solicitors claiming they have requested to the original agreement from the creditor and this will be sent in due course. If this fails to arrive within the 12 days can I then reply to the court to say they've failed to send the documents ? And the case be struck off? Has anybody else received the same letter then the caa just doesn't arive ? nothing on my credit report shows this alleged debt

[davenewbergr]

There's nothing magic about what appears on your 'credit report'. You know whether you have borrowed this money, or whether you owe it - unless there has been some fraud such as someone applying for credit using your personal details.

[Wookiee]

What are you talking about ? Did you even read what I said NOTHING shows on my credit report ? So if it isn't there then it isn't enforceable through a court as 6 years have clearly gone by so debt is statute barred

[Amethyst]

You can tell the court the claimant has failed to comply with a formal cca request with your defence. If you believe it may be statute barred too include that in your defence.

have you checked all your credit files ? Experian/Equifax/callcredit

any idea what the debt originally was, when it was opened and when it defaulted / last payment ?

ensure you file your defence within 33 days from the date of issue on the claim form ( assuming you have already acknowledged the claim within 14 days ?)

example defence to get get you started - http://legalbeagles.info/library/gui...-court-claims/

[Wookiee]

Thank you appreciate that you've been very helpful

[Wookiee]

Have received acknowledgement of defence from court as no documents have been provided although Lowell have written to say they will be ???? They now notify Lowell and they have 28 days to respond. So I guess this is just a waiting game now?

[Amethyst]

Yip xxx If you don't hear anything for 5 weeks give the court a call to check if the case has been put on hold. Otherwise post back here with anything you receive

[Wookiee]

hello thanks again for your assistance and help with all this I am very grateful, so I am still yet to receive any original credit agreement from Lowell or original creditor or statement of account. but I have received a letter along with a already completed directions questionnaire??? asking me to mediate??? and send it back to the court. I will not be doing that. so do I respond to this ? iam thinking not. do I now still wait for the county court to get in touch with regards to their failure to provide the relevant requested documentation? as they have failed to produce this then it is not enforceable through the court and they will strike this out? I wait your expertise :-) thanks

[Amethyst]

Is the letter from Lowell or from the court?

You will need to complete the directions questionnaire but only when the court asks you to.

The claim, and the defence, will not actually have been looked at by anyone yet - the first time it actually gets read is when it is sent over to your local court AFTER directions questionnaires have been returned. Crap system I know.

[MIKE770]

Lowell tend to send one way before the court send s one, part of the unsettling you sick joke

[Wookiee]

Thanks mike so what would your advice be? Ignore the correspondence from Lowell and wait for the court to write to me ?

[MIKE770]

start filling it in, and if no other forms send soon give it 5 days? sure others will advise

[Wookiee]

They have already marked the boxes for me mike? no mention of a deadline in letter or reference to mr sending it to the court only that they have sent a copy of it to the court? "Please ensure you tick yes box in part a1"which they already have for me then states if I would like to settle matter directly get in touch to arrange a settlement or payment plan. Then recommend independent legal advice or citizens advice. it's quite an odd proposal is it not if they were confident of a judgement and they had the relevant documents surely they would of produced them and would let the court take its due course ?

[MIKE770]

Amethyst

[MIKE770]

have asked Ame to pop in here OK