Lowell Portfolio not complied with CCA request, now seeking mediation

[Loxley]

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 £1 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!
Thanks

[Loxley]

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

[luxardo]

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.

[MIKE770]

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


*

[Loxley]

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!

[Amethyst]

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 court… 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.

[Loxley]

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

[Loxley]

Hello again! So, an update. The Directions Questionnaire was submitted and as yet we Lowell have still not provided us with the requested cca. Today we have received a court letter with a date and time for a hearing (telephone hearing due to coronavirus) some 8 weeks from now. The letter also says that copies of all paperwork that the claimant will rely on be sent to the court and to my friend by a given date about 4 weeks from now. Does anyone know why it's going to hearing and has not been struck out as Lowell have not complied with the cca request. My friend is very anxious and doesn't really understand any of this and certainly would not be able to cope with a telephone call to discuss things that she cannot comprehend. Any insight will be appreciated!

[Loxley]

Can anybody shed a little light on this, please? Even if it's just about what paperwork we're supposed to be sending to the court and lowell. At a guess I suppose we just send copies of the cca & cpr letters as that's all we have to rely upon. I really don't understand the point of a hearing as the only thing we have is the form of a defence is that the defendant has no recollection of the credit card and the claimant hasn't produced the original cca. What are we supposed to say that's not already been said in the defence submission? We're feeling a little intimidated by it all at this point. Thanks in advance

[Loxley]

I suppose the main thing I'd like to know is why Lowell would continue court proceedings if they don't have the CCA. Does anyone know?

[Celestine]

It is entirely normal for debt purchase companies to hold on right up until the eve of court sometimes. They are totally at the mercy of the original creditor. Even though Lowell have the right to enforce the debt, they also inherit the requirement to comply with CCA, but they are waiting for Capital One to dig out that credit agreement. Its a waiting game basically.*

[Loxley]

It is entirely normal for debt purchase companies to hold on right up until the eve of court sometimes. They are totally at the mercy of the original creditor. Even though Lowell have the right to enforce the debt, they also inherit the requirement to comply with CCA, but they are waiting for Capital One to dig out that credit agreement. Its a waiting game basically.

Thanks for the reply. That makes things a bit clearer, however I have some other questions and wonder if you can help? The hearing instruction letter from the court says that the hearing is in 8 weeks but all paperwork that either party will rely on must be submitted to the court by a date 4 weeks away. If Lowell don't submit a valid CCA within 4 weeks, surely they cannot submit one after that date, otherwise what would be the point of the deadline? The only paperwork we (the defence) have are the CCA + CPR request letters. We had a copy of the "Notice of Assignment" along with a letter explaining that they had no obligation to provide us with a copy of the "Deed of Assignment", so does that mean that the only paperwork we'll be relying on at the hearing is the CCA request letter and Lowells response (Which was that they didn't have it and have requested it from Capital One)?
Sorry to be a pain, I know these aren't easy times for anybody and all help is appreciated.

[MIKE770]

well they are struggling, in the event near the time they are prone to discontinue as they loose deposit nearer a court case time. ( they hope you panic and cave in) ? before* they do or if they are 100% sure they got a case they go ahead( very rare without legislative documentation)* *

[Celestine]

Yes they will have to supply those documents to the court/you 4 weeks before the hearing.*
Based on the documents you already have they cannot possibly proceed. How old is the Capital One account? When was it opened? pre 2007??

[RUKI]

Sorry to derail the conversation just for a minute but could anyone clarify what happens if the CCA + CPR letters were sent just first class, not recorded delivery? Trying to help a relative and it seems he didn't follow my instructions for how to send the letter...