Court action with lowels

[HDAWG]

Hi,
I'm currently in the process of going to court with Lowells Solicitors.... I have submitted my defence and recieved this letter from the court today.
I would have thought that if they cant submit the documentation or reply with the 28 day period they have on receipt of my defence that it would be struck out....
A stay suggests that that proceedings can be resumed anytime the Claimant wants too....
Please Advise

[Amethyst]

Indeed. You would have to apply to strike the claim out - normally you'd use the CPR 31.14 request non compliance to apply for an unless order ( court order for claimant to provide x documents by x date or claim is struck out ) - add in non compliance with the cca s77/78 Request and any deficiencies in their particulars ( eg if they don't mention default )

Obviously I am assuming somewhat that this is a consumer credit claim , credit card or loan, against you and you sent cpr and cca requests. If not you'll have to give a bit of info on the case.

Did you respond to the pre action letter with the reply form ? ( if you received it )

[HDAWG]

Indeed. You would have to apply to strike the claim out - normally you'd use the CPR 31.14 request non compliance to apply for an unless order ( court order for claimant to provide x documents by x date or claim is struck out ) - add in non compliance with the cca s77/78 Request and any deficiencies in their particulars ( eg if they don't mention default )

Obviously I am assuming somewhat that this is a consumer credit claim , credit card or loan, against you and you sent cpr and cca requests. If not you'll have to give a bit of info on the case.

Did you respond to the pre action letter with the reply form ? ( if you received it )

Hi Amethyst

I followed all the Pre Action protocol as prescribed... the alleged debt is for a Studio Catalogue Account and when Lowells first brought this to my attention I requested they send me all paperwork related to to this account... what they sent to me was a bunch of sketchy printed out documents.... A credit Agreement from the Studio with no name or signature on it, a printed out statement of accounts that looked fabricated, and a letter of assignment from them that wasn't even on headed paper... I wrote back to them to say that they had not satisfied my request to establish ownership of the debt and so they took the step of applying to the courts... I again sent the paperwork asking them to send the correct documents including a default notice from the original creditor and a copy of the notice of assignment from the studio to themselves or even a copy of one from the studio to me as they are put to strict proof of assignment.. they mentioned in the Particulars of Case that the contract with Studio had been terminated so I asked for the notice of termnination and the default notice that would have to have been sent and on both times...before involving the court and now, they have totally disregarded/ignored my request and sent the same 3 moody documents out, the last one with a reduced offer of payment..
My defence has been submitted where again I say they have not complied with my request to send the requested documentation and I recieved the letter (above) from the courts yesterday
Im just wondering what that letter could mean....
Thanks

[HDAWG]

Hi Amethyst

I followed all the Pre Action protocol as prescribed... the alleged debt is for a Studio Catalogue Account and when Lowells first brought this to my attention I requested they send me all paperwork related to to this account... what they sent to me was a bunch of sketchy printed out documents.... A credit Agreement from the Studio with no name or signature on it, a printed out statement of accounts that looked fabricated, and a letter of assignment from them that wasn't even on headed paper... I wrote back to them to say that they had not satisfied my request to establish ownership of the debt and so they took the step of applying to the courts... I again sent the paperwork asking them to send the correct documents including a default notice from the original creditor and a copy of the notice of assignment from the studio to themselves or even a copy of one from the studio to me as they are put to strict proof of assignment.. they mentioned in the Particulars of Case that the contract with Studio had been terminated so I asked for the notice of termnination and the default notice that would have to have been sent and on both times...before involving the court and now, they have totally disregarded/ignored my request and sent the same 3 moody documents out, the last one with a reduced offer of payment..
My defence has been submitted where again I say they have not complied with my request to send the requested documentation and I recieved the letter (above) from the courts yesterday
Im just wondering what that letter could mean....
Thanks

And if theres anything more that I should do or do I just prepare my witness statements and see what Lowells do next within the 28 days
Amethyst

[HDAWG]

Amethyst I received a letter back from Lowells today with some bits of sketchy paperwork but they have not sent the default notice that I have requested on two occasions now...

I have checked on my credit file and there has not been a default or anything registered relating to this claim from the alleged original creditor which I find very odd...

Included in the paperwork was a Tomlin Order and they also sent a copy of a completed Directions Questionaire.... I could be wrong but its my understanding that its the court who send these out and not the claimant...

Please Advise

[HDAWG]

Amethyst I received a letter back from Lowells today with some bits of sketchy paperwork but they have not sent the default notice that I have requested on two occasions now...

I have checked on my credit file and there has not been a default or anything registered relating to this claim from the alleged original creditor which I find very odd...

Included in the paperwork was a Tomlin Order and they also sent a copy of a completed Directions Questionaire.... I could be wrong but its my understanding that its the court who send these out and not the claimant...

Please Advise

Is anybody available to advise me please....

[Amethyst]

The Tomlin order and directions questionnaire is from Lowell.

You should receive your own DQ and order to file and serve it from the court. If you hear nothing by the end of next week worth giving court a call to see whether they have received a DQ from Lowell and see if they have sent you one out to complete.

Do you have any idea when this Studio account was actually opened or last used, last paid ?
What dates are the transaction lists from ?
Does it list the actual products ordered on there? and do you actually recall ever having used Studio ?

[HDAWG]

The Tomlin order and directions questionnaire is from Lowell.

You should receive your own DQ and order to file and serve it from the court. If you hear nothing by the end of next week worth giving court a call to see whether they have received a DQ from Lowell and see if they have sent you one out to complete.

Do you have any idea when this Studio account was actually opened or last used, last paid ?
What dates are the transaction lists from ?
Does it list the actual products ordered on there? and do you actually recall ever having used Studio ?

Thanks for getting back,

Lowels claim that the Studio account was opened in Nov 2015 and have produced a piece of paper that claims to be a statement that is not itemised with the names of items that they alledge was purchased.
I cant ever recall having a Studio Account and before it even got to this court stage I asked them to produce evidence to substantiate their claims...
As I stated earlier, there is nothing recorded on my credit file from Studio which makes it all the more baffling,
In the P.O.C they stated that Studio terminated the agreement because of non payment and that they took on the agreement so I asked them to produce the agreement and with that the default notice and notice of termination and also a copy of the notice of assignment from both parties that would have had to have been sent, something which they have failed to produce...
They have so far produced a photocopy of a credit agreement from Studio with no signature... A notice of assignment from themselves not on headed letterpaper and piece of paper with a few dates and some figures entered in a table... I had also asked them to provide me with a full and final statement of accounts from Studio and a full detailed breakdown of any charges added
I am aware of many cases were this company hassle people and fake paperwork and documents so I really am determined not to let this happen to me

[Amethyst]

Okay.

Get a SAR off to Studio - that should help figure things out while you wait for the courts to do their next bits.

If you have questions about how we handle your personal information, or you feel the data we hold is incorrect, out of date or you'd like a copy of the data we hold about you (free of charge), our DPO is here to help.

example - Subject Access Request Letter



Here are the contact details for our Data Protection Officer:

• The Data Protection Officer
• Studio
• Studio Retail Limited
• Express House,
• Clayton Business Park,
• Accrington,
• Lancashire
• BB5 5JY

Email: DPO@studio.co.uk