Lowell Solicitors Letter of claim

[tearsvoice]

First Steps
Check dates
Acknowledge Claim
CCA Request
CPR 31.14 Request

Thank Mike,
I just checked
Account start date 14/01/2013 Date of default 14/12/2013, original come from Three mobile, so maybe a mobile?

I used to receive a Letter from Lowell Financial Ltd and attached with the Notice of Assignment from Three mobile said"assign the debt to debt partner Lowell Portfolio I Ltd".

I am sorry not very understanding what you advice for "CCA Request and CPR 31.14 Request"

Does the CCA Request means 77-79 CCA Request? can I use templet from here:
https://legalbeagles.info/library/gu...etter-example/

Should I ask for both of the 77-79 CCA Request and CPR 31.14 Request please?

where should request these two to please? Three mobile or Lowell Portfolio I ltd? or Lowell solicitor please?

Also should I send Reply Form to Lowell solicitor as well?

Sorry to ask so many questions. I am really worried and confused how to do.
Thanks a lot for your help.

[MIKE770]

Asked somebody to pop in here later to advise also and try to explain to you

[smiler236]

Hi again. I sent cca requests for the other two accounts i had with lowell and the letters stopped coming for a while. I moved house and am renting a room where im not on the electoral role and all of a sudden the letters for the two accounts start arriving again! I sent copies of the requests for information that i sent earlier in the year and asked them to please stop sending these letters as the debt was now unenforceable in court due to them not complying with the requests within the time of 12 days specified. I received a letter last Friday with copies of the original agreements of the accounts in question and a covering letter telling me Lowell would re issue the pre court letter if i did not reply. I know that they have broken the law somewhere but i dont know where. Whats my next move please? Im determined to fight this all the way as they are trying to bully me into paying a debt they cant prove they own!

[Amethyst]

What were the other two debts - credit cards? And do you know what I need to come out and when they defaulted?

It sounds like Lowel have complied with the CCA requests and are looking at taking them to court, so if you don't think you'll have a defence it's likely to be best to make an arrangement to pay it by affordable instalments before it gets that far.

The 12 days used to be part of the CCA that made it a criminal offence not to respond within 12 days… That was changed about 10 years ago so now if they don't comply within 12 days it just means they can't enforce the debt… I.e. get a judgement… while they remain in default - As soon as they do comply with your request, even two years later, they can recommence enforcement.

[smiler236]

Hi and thanks for replying to me. The other two debts were for credit cards which go back to 2005. in the paperwork lowell have sent me there is no deed of assignment. Can i ask them for proof that they legally own the debts? I am prepared to fight this as long as i can as they are relentless in their pestering for money. I may not win but i want to try. Thanks. S.

[Amethyst]

They won't have to provide the deed of assignment unless you show reasonable doubt over the assignment - they should give you the notice of assignment tho.

Do you know when you defaulted on the two accounts ?

[smiler236]

Hi again and thanks for helping me with this. It would appear that both accounts went into default in 2012 with the last payment to the original creditor being in 2012. Lowell have not included that information in the copies of statements and they also have not sent me a notice of assignment. I have heard that they do frequently mislead or leave important paperwork out. Is this something i should be asking them for and is it possible these two debts could be statute barred and they are trying it on with me to try and frighten me into paying up? Thanks again. S.

[smiler236]

Hi again. I now have a county court business centre claim form letter arrived today. Please can someone advise me how to deal with this please? i want to defend on the grounds that Lowell have not proved they own the debt by sending me the notice/deed of asignment? Is this a viable defence? Please can somebody advise me on this. Thanks. S

[MIKE770]

see para31 acknowledge claim and defend all for sstarters

[smiler236]

Hi again. After defending the claim on the grounds that Lowell have not sent me the paperwork i requested (notice of assignment/deed of assignment) Lowell sent me a photocopied form to tell me they have asked to go to mediation. I now have a letter from Northampton County Court Business centre. Its a small claims track directions questionnaire. Do i agree to go to the small claims mediation service? Theres a time limit on this so can anyone advise me on what to do please? I am still very much prepared if need be to attend court and defend myself . Im just not sure other than affore mentioned on how exactly. Thanks in advance. S.

[smiler236]

Anyone able to help me with this please? I have followed the advice on how to fill the form in. I really would like some advice on how to defend if it goes to court. Thanks. S.

[MIKE770]

agree to mediation

[smiler236]

Ive done that as i dont want to seem unreasonable. Whats the worst that can happen if it goes to court?

[MIKE770]

They will ask if you have received all documents needed for the case?? If you requested from otherside. If not no.mrdiatiomn will take place and court be informed for next step

[smiler236]

im more than prepared to fight this out but Lowell do this every day and im just trying to defend against them. i asked for the notice of assignment and havnt received it. is that good enough defence?