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Lowell Portfolio not complied with CCA request, now seeking mediation

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  • Lowell Portfolio not complied with CCA request, now seeking mediation

    Good day to you all. I need some advice on my next course of action, please. I'm helping someone with their situation and the events thus far are as follows; Lowell portfolio applied for a CCJ against them claiming that they had bought a Capital One debt which was owed. My friend doesn't recall it but does have some mental health issues. Using this sites templates, I sent a CCA request to Lowell portfolio with the ú1 postal order and a CPR request to lowell solicitors. They replied with a copy of the notice of assignment but said that they didn't have the original CCA and had requested it fro Capital One. I filed a defence using the template with the court before the deadline and received a letter from the court acknowledging it and informing us that Lowell had been notified. Today, Lowell have sent a letter with a copy of a "directions questionairre", which has been filled in by Lowell. The letter states that we should be receiving a questionnaire from the court soon. Lowell have said that they agree to mediation. We still haven't received a copy of the CCA and our defence stated such and requested that the claim be struck out. Could anyone please shed some light onto why the court might not have ordered Lowell to provide the documentation as I'm confused!
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  • #2
    Just to add, the CCA request was posted to Lowell on 9th December 2019 first class signed for. As they have been unable to provide a copy of the Credit Agreement, why would they be seeking mediation? If the court does send us a "Directions Questionnaire", does that mean it has disregarded the defence? Mediation would be fruitless as the defence states that the defendant denies all allegations and does not recall receiving any default notices so does anyone know what's going on in this case? Any insights would be gratefully accepted and I'm happy to provide anymore information if needed.
    Thanks in advance


    • #3
      If they can't provide the CCA they have no case, it's that simple. Which is why they are wanting mediation because they know it.
      You should also receive a directions questionnaire from the court, it's standard practice, don't worry, it's just the court wanting to know both side's position and what evidence they will rely on, including documentation. I assume with the list of documents they make no mention of producing a CCA ?
      Fill in the form when it arrives and simply say they have no CCA so you request case be dismissed on this ground. Do not ask for mediation.


      • #4
        Mediation will ask you have the. Necessary documents to possible negotiation you if not state no, they Will then state mediation cannot take place and pass back to the court with notice┬* for next stage



        • #5
          Thank you, that's what I thought. There is no list of documentation provided by Lowell. It seems unnecessary to have to re-state our defence on a questionnaire when surely the claim should have been struck out following the submission of the defence which shows that Lowell have no case. We'll wait for the questionnaire to arrive and see what transpires. Thanks for the advice!


          • #6
            It does sound like you are on top of things and have sent the right documents and the claim is going as expected. No one at court will have looked at your defence as yet, they simply serve it on the claimant and await a response from the claimant as to whether they are going to continue with the case.

            This is where the directions questionnaire comes in. Lowel should send a copy of this to you and to the court, and the court should send you a blank questionnaire with directions to complete and return. The claim is then sent to your local court who will look at it and issue directions, whether that just be a hearing or an order for Lowell to provide documents.

            It is best to say yes to mediation on your directions questionnaire in the event that Lowel produce the credit agreement, default notice and notice of assignment. If by the time it comes to booking mediation you haven't received any documents you can just say so.

            now, sometimes Lowel will send the defendant the directions questionnaire but not file it with the courtů So I would give it seven days and then give Northampton CCBC a call and check with them the status of the claim. If flower do not submit their directions questionnaire then the claim will be automatically stayed and you can then consider whether you want to apply to strike out.

            You don't have to restate your defence on the directions questionnaire, it is literally just to help cut manage the case and send it to the right local court to be dealt with.
            We may not win by protesting, but if we don't protest we will lose. If we stand up to them, there is always a chance we will win. Hetty Bower

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            • #7
              Thanks so much! We'll wait and see what happens.


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