lowells v london34

[london34]

Received a claim? Yes
Issue Date: 20-11-2017
Amount approx: £1100
Claimant: Lowell
Solicitor: Lowell Solicitors
Original Credit: Capital One

Particulars of Claim:


Stat Barred? Not sure

Have sent: Acknowledged the Claim/ CCA/ CR31 and defence

Lowells cashed my £1 cheque but have never responded to my letters nor have I had any communication except a letter from court stating they have received my defence and have forwarded it to the claimant. I have not yet received a Directions questioner.

As I await the 28 days can I complain about the £1 that has been cashed but nothing has been sent to me? no response or acknowledgment or anything. Please help

[Amethyst]

Re: lowells v london34

I wouldn’t chase it - you don’t actually want them to comply with the request and that they have cashed the £1 is evidence the request was received. See if the case gets stayed if they fail to respond to your defence then you can consider whether to take any action ( such as an application to force compliance or strike the claim out - but depends on the facts of the case )

[london34]

Re: lowells v london34

thanks for your advise

So I've received a letter from Lowells where they include a copy of their directions questionnaire and informed me they have responded and I will receive a directions questionnaire from the court (this hasn't come yet) in their response they have said they would like to pursue mediation.

so 3 questions -
1 - they still haven't responded to my CCA and as it's a small claim I doubt they will respond to by CR31 but they have agreed to mediation, when the form comes from the court should I also agree to mediation
2 - as they cashed my £1 can they assign it to the debt as I think it may be almost statute barred if not already - I've had no contact since 2011/12. my letter did say they cannot, can they just ignore that it is a statutory £1 that can only be used to provide the documents for a CCA request.
3 - also should I do a SAR from capital one or wait until the court papers have come.

[Stu]

Re: lowells v london34

Yes to mediation and as for the £1 cheque did you mark it with "For statutory purpose only" ? ... A sar can;'t do any harm at all. What does your credit files say regards this debt?

[london34]

Re: lowells v london34

Yes to mediation and as for the £1 cheque did you mark it with "For statutory purpose only" ? ... A sar can;'t do any harm at all. What does your credit files say regards this debt?

this was the CCA i sent
" I hereby formally request a copy of my Consumer Credit Agreement, pursuant to s.77-79 of the Consumer Credit Act 1974 (CCA1974).

I require that you provide me with a true copy, or reconstituted copy of the credit agreement relating to any account you deem to be mine, together with any other documentation the Act requires you to provide. I expect you to comply fully and properly with this request, within the statutory time limit (12 + 2 days).

If it is your view that you are not the creditor, s.175 of the CCA1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties. Your attention is drawn to ss.5(2), 3(b), 6 and 7 of the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR).

I also remind you of your duties, in line with recent FCA Consumer Credit Sourcebook (CONC) guidelines surrounding Unenforceability I presume you're aware that it suggests that 'sections 77-79 of the Consumer Credit Act 1974 outline the information creditors must provide to debtors under fixed-term, running account & Hire Agreements'. This simply means that under these sections a debtor can pay £1 to get:


1. a copy of their agreement
2. copies of some of the other documents mentioned in their agreement
3. a statement of account

If this information is not provided within 12 working days the debt becomes unenforceable.

So, in line with these (FCA CONC) guidelines, and the Consumer Credit Act, please find attached my £1 payment, which is the statutory fee to request any such documentation regards this account - note that these funds are not to be used for any other purpose. If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee and then remove the incorrect entry from your systems.

I do, expect the main actions to be dealt with, as matter of course, and look forward to hearing from you within the prescribed time-scales quoted however, in the meantime, I require that you clarify your position on this point as failure to do so, even by omission or lack of a response, will be regarded as an attempt to deliberately misrepresent or conceal the legal position regarding this matter to which an appropriate complaint will be made to the Financial Conduct Authority."

This was sent on 24 November and so far I have not had any acknowledgment from Lowells or their solicitor branch about this. I need to check a recent credit file but last one said it was in default since 2011/12 can't remember which for sure but will request a more up to date copy.

[Stu]

Re: lowells v london34

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