Lowell Portfolio v Tinpot

[tinpot1234]

Good Afternoon everybody,

Just a further update, i am due to have my mediation call in the next couple of days.

i have shortlisted a few of my main questions as below.

Do they own the debt and how much did they pay?

why have they not complied with the courts request to provide details requested under CPR, will probably be kicked back, but you never know.

How they value the cost of the debt v purchase price as an un-validated third party, point of argument being their purchase cost - general photocopied letters instead of individual per hour solicitor letters?

Does anyone else have any other suggestions or proven method for dealing with Lowell?

Hope to hear positive vibes

Tinpot

[Amethyst]

How much they paid for the debt is irrelevant (it will have been around 10-20% at a guess). They should provide the notice of assignment and will need to evidence to the court, via deed of assignment that they have rights over the debt.

Have the provided the agreement as requested under the consumer credit act 1974 request ? If not, bring that up as it means they can't get judgment so long as you have pleaded it in your defence.

They haven't plead the account defaulted - nor provided any evidence of a compliant default notice.

Did you get a response to your SAR ?

Really, when mediation calls you they will ask if you have all the documentation required to mediate - if you haven't had responses to your CPR and CCA requests, or your SAR, you'd have to say no.

why have they not complied with the courts request to provide details requested under CPR

When/where did the court order this ? So far as I can see you simply sent a CPR 31.14 request and they haven't replied?

[MIKE770]

hold fire = mediation will ask you if you have the necessary documents etc to mediate, if you still have not they will state mediation not possible, and case goes back to the court system, and the court procedure continues, so non of the above if/buts are relevant at that stage, no questions as you seem to think above at that stage

[tinpot1234]

Hi Amethyst, nice to speak again and thank you for your help throughout with this.

Hi Mike770 nice to meet you.

As previously mentioned i had sent the cpr request of at the beginning of the process and as yet not received anything from them/ they ignored it.

i had agreed to go ahead with a mediation call hoping that they would have sent all the requested details instead of a 2 line letter which stated that i should pay and there is no dispute.....

other than the details defined in my request i guess.

Would it proceed onto a court track if i say to the mediation that i still have not received everything i need? or will they offer further mediation once Lowell become compliant?

[MIKE770]

Mediation will pass backl to the court system -- read lowell threads they hope you give in and tend to pull out at the last minute before they loose deposit, as far as documents concerned these can be made to be supplied under the court system later on

[tinpot1234]

Mediation will pass backl to the court system -- read lowell threads they hope you give in and tend to pull out at the last minute before they loose deposit, as far as documents concerned these can be made to be supplied under the court system later on

Hi Mike, that is a very logical solution, will pass it back to the court system and see if i finally get what i requested or Lowell make a further mess of it.

[MIKE770]

mediation will pass it back no doubt and tell you

[tinpot1234]

Hi All

Just a brief update on how things are going.

I advised the mediation team that i was missing vital documents which they had/still not sent through including default notice and assignment document. Through the mediator they have said they "could" send over the default notice but the assignment document was confidential.

My question for you the great community is, is the assignment document only available via a court decision and also are there limitations on the length of time it takes for the third party to comply with the cpr requests?

[Amethyst]

Did they send over the default notice ?
You were only asking for the notice of assignment so they could evidence to you the original creditor had sent it. The deed only comes into play if legal assignment is disputed ( which if they can't show the original creditor told you they were selling the debt it would be )

[tinpot1234]

Hi Amethyst

Nope still no sign of the default notice from Lowell, so i guess i will either have to chase again or wait till we get into court?

[MIKE770]

do not chase them you can request thru the court further down the line, do not warn them

[tinpot1234]

Hi everyone, i hope you are all enjoying the summer holidays (where applicable) just checking in to say that i am still waiting on Lowell/county court for a date to be set. it has gone very quiet from Lowell after the blunder they made whilst trying to mediate.

[GBExile]

Hi everyone, i hope you are all enjoying the summer holidays (where applicable) just checking in to say that i am still waiting on Lowell/county court for a date to be set. it has gone very quiet from Lowell after the blunder they made whilst trying to mediate.

Did you read the post above yours?

It is important you do.

[tinpot1234]

Did you read the post above yours?

It is important you do.

hi GBexile

Do you think it prudent to apply to the court prior to first hearing for the missing paperwork or as mike770 suggested to wait until the actual hearing?

[MIKE770]

actual hearing was not suggested, there is a procedure later in proceedings where you ask the judge via paperwork to issue a court order to supply the necessary paperwork if not then a possible move to discontinue by claimants may take place ??