Lowell v Redmen05

[Redmen05]

Hi I’m going away so What’s the earliest date I can file my defence or should I just wait until last moment

[Amethyst]

I would recommend waiting until after the deadline given in your letters for response ( so likely 14 days from the CPR letter - same... 12+2 from the CCA letter ) You sent letters yesterday? so I'd wait till 18th earliest.

[Redmen05]

Hi I’ve received a generic letter from Lovells saying to contact them to arrange payment plan as they have issued county court summons. Shall I just leave it until I receive the information I requested?

[Redmen05]

Quick update. I’ve received another letter from Lowell Solictors. Refusing to forward me a copy of Deed of assignment. How shall I respond?
Thank you for helping me.

[Redmen05]

Hi guys
ive just received about 50 pages from tesco. Looks like last letter they sent me was in February 2016. What shall I do now? Lowell’s
havent sent anything as of yet. Their Solictors sent me a letter saying they won’t provide deed of assignment as it’s financially sensitive.
I really Appreciate any help I get on this forum.

[Amethyst]

Okay, don't worry about the Deed of Assignment - it's not an issue - they have confirmed they have requested the agreement, and you have the other request in with them for the default notice and notice of assignment so that all needs providing, BUT you need to get your defence in, Monday, really so we should put that together over the weekend.

The letter they sent you in Feb 2016 - was that the default notice ? or notice of assignment ? Does the default notice scan with the date that Lowells have said ? Any copy of the agreement in the pack from Tesco ?

Is there anything like PPI, Card Protection etc within the statements ( or transaction lists? ) they have sent that you might be able to use to reduce the balance as defence ?


The SAR of course is separate from the requests made to the claimant, and they do still need to provide documents themselves - so your defence can be based on the example, Example Defence, however going through the documents from Tesco might help you see if there would be any defence once/if those documents are provided, and if not, whether you should consider trying a settlement offer outside of court to avoid the CCJ.

[Redmen05]

Thank you for your reply.
The last letter from tesco in January 2016 was an offer to reduce the balance to £2694.16 as final settlement. I can’t find Lowell’s date for default. But tesco sent one in November 2015 that was the last default. No PPI in pack credit agreement in pack

[Redmen05]

Hi I’ve managed to copy & edit defence example. I’ve logged into
money claim & paste it. I wanted to attach my letters & a copy of £1 cheque but was not able to do so. Do I now just wait for court
to get back to me? Or shall I contact Lowell to see if we can settle out of court? Would they normally accept a reduced amount?
Anyone with any experience in dealing with Lowell’s?
please help!!!!

[Amethyst]

The copies of letters will only need to be submitted later if you get to Witness Statement stage so don't worry about that.

Once your defence has been sent to the Claimant, they have 28 days to reply to the court to say if they wish to proceed, otherwise the claim gets put on a 'stay' ( just on hold until they find the documents in essence )... so then is a good time to negotiate an out of court settlement, potentially under a consent order, if you prefer. ( Basically it would be something like you agree to pay £xxx per month for X months to discharge the debt, and they agree to leave the case stayed in court (so no CCJ ) unless you stop making payments, in which case they would be free to apply for judgment )

[Redmen05]

Thank you

[Redmen05]

Hi a quick update. Today I received a letter from county court saying Lowell’s are defending the claim but no defence has been sent to me. Also I got a form to fill in only if I would like to try mediation service.
Please help what shall I do????

[Amethyst]

Okay, the letter will be that also sent to the Claimant stating the defence is enclosed? usually the cross that sentence out on the Defendant's copy ( no expense spared lol )…... the form you have received is the N180 Directions Questionnaire? asking which court you want the claim to be heard at and whether you want Mediation? ( have a look at JaguarUK's guidance for filling in the form here > https://legalbeagles.info/library/gu...questionnaire/ )

[Amethyst]

Is it this letter?

this is now a defended claim.jpg

[Redmen05]

Hi yes that is the letter I received. Shall I fill it in & send it?

[Amethyst]

Yip. Original to the court, copy to the claimant and keep a copy for your records.