Lowell court claim

[Furbinka]

Thank you Amethyst.

Once I recieve it, what's going to happen next? Shall I start prepare myself for a hearing?
Will that be allowed with Lowell's providing me with requested documents?

Many thanks

[Furbinka]

Hello.

I rang court today and they still dont have directions questionnaire from Lowell's.

I recieved letter from Lowell's dated 4th of July saying:

Dear xxxx,

We refer to the matter on the side of this page.

Please find enclosed s copy of the DQ which we have now sent to the court.

We have agreed to mediation in our DQ which may result in settlement. If you agree to mediation, please ensure you tick yes box in part A1 of your own DQ.

If you would like to settle this matter directly, our client invite you to put forward an affordable settlement to us either as a single payment or by instalments. An agreed settlement would avoid a hearing or judgment and also the associated costs being added to your debt.

So my questions are:

Lowell's send the DQ to court on 4th, but they still dont have it. Is there any time limit by which time they should recieve it?

In the case details, original company name is Shop Direct. I know the debt is from Very. Does it mean Lowell's do not know who the debt is from?

If I offer payment, will that stop CCJ being applied?

Thank you for your help

[Furbinka]

Any help would be gladly appreciated.

Many thanks

[Furbinka]

Good morning,

I recieved no DQ from court.
I agreed to mediation, but I attached this letter to it:

Dear Court Manager,

RE: Claim number xxxxx

I, xxxxxx, defendant in the above case, have no issues with mediation, but I am unable to mediate at the current time due to:
1. Claimant not following pre-action protocol
2. Claimant is in breach of CCA request
3. Claimant is in breach of CPR request
4. Claimant not provided any documentation to prove any of their claim

I would respectfully request, that the Court order the claimant to provide documentation in order for mediation to be possible
1. Copy of an agreement and terms and conditions
2. Copy of the default notice served
3. Statement of account showing how the alleged sums have become due and owing
4. Assignment, including a copy of the deed of assignment to show proof that the Claimant has full title as claimed, as only then could the Claimant have issued a claim in this case

Kind regards

[Furbinka]

#now

[MIKE770]

why send the letter above ? mediation would ring and just ask you if you have the necessary paperwork etc to mediate case? you would just say NO, they would then inform court that Mediation not possible ( a record made on case notes that claimant has failed to supply at this stage), best you ask on here before you go off and jump the system as court has a system in place and follows it

[MIKE770]

at a later stage in court procedure would you request the court acts on getting them to supply paperwork, look at cases on site and digest procedures as you are running when you should be walking!

[Furbinka]

Thanks MIKE770.

letter, because without documents, claim shouldn't go forward?

[MIKE770]

The claim has been made that is it the system is in place, unless they discontinue now or later procedures will take place, writing to court as you did (the court will not cease the case on that alone there is a procedure as I stated look thru threads and see how it usually pans out) some solicitors push it to the very last minute then discontinue if they think they have no real prospect of winning, just before they loose their deposit? they hope as you might be doing panicking and give up and pay them

[Furbinka]

Ok. Thanks.
wouldn't that letter push them to discontinue sooner if they know they cant provide the documents?

[MIKE770]

no as they can be made to later in proceedings, and they know it. Take a look around this site for lowells cases etc and see the pattern that they work to, meantime the court procedure runs so respond via here any contact from either, meantime sit on your hands but inform peeps here of any progress from the courts etc/requst

[Furbinka]

Hello everyone.

I just returned from holiday to brunch of letters from Lowell's.

Any thoughts please and what should I do next please.

Letter saying agreement was entered on or around 19thof May 2009, but actual agreement is signed on 25th of June 2010.
Also they saying but agreement was with littlewoods, but actually it was with Very.

Are two letters dated 14th of November valid as default notice and assignment notice?

Last action I took was sending DQ back to court.

Thank you for your help.

[Furbinka]

Attachment cont

[MIKE770]

liitlewoods/very = shop direct

[Amethyst]

True, however their pleadings are for an account opened in May 2009 and don't actually seem to mention the creditor at all . The agreement is Shop Direct ( which yes could be littlewoods or very ) but dated June 2010.

I cant make out the statement page - does that have any dates on ? ( when opened particularly ) can't see an open date on the screenshot

neither of those 14th November letters are default notices - doesn't look like Lowell have provided one. The screenshot of the account say a default notice was sent on 1st October 2018 and the account was sold 29th October 2018( which scans with the assignment letter and particulars of claim but seems very quick) and the other info says scheduled payment due, arrears amount and total balance - had it been defaulted the full amount would be immediately due.

do you know if you had a very account as well as a littlewoods account ? Any other catalogues in the Shop direct group ?

Is the only place the 2009 date is mentioned in the particulars of claim ?


did court come back to confirm if they had received Lowell DQ?