Court Claim from Lowell Portfolio

[RUKI]

Received a claim? Yes
Issue Date: 17 March 2020
Have you Acknowledged the Claim?: Yes
Total Amount Claimed:£ 4,335
Claimant’s Name: Lowell Portfolio I Ltd, Leeds
Solicitors Firm: Lowell Solicitors Ltd, Leeds
Original Creditor: Credit Card company
Original Debt:
Particulars of Claim:

1 )The Defendant entered into an agreement with the Credit Card company.
2) In breach of the Agreement, the Defendant failed to maintain the required payments and the Agreement was terminated.
3) The agreement was later assigned to the Claimant and notice given to the Defendant.
4)Despite repeated requests for payment, the sum remains due and outstanding, and the Claimant claims.
a) The said sum
b) Interest
c) Costs
Is the debt Statute Barred (have you had any contact with the creditor or claimant over the last 6 years?): Not Statute Barred
List any letters you have sent (eg: CCA/ CPR ): I sent the initial two letters (CCA and CPR) detailed in this website, thanks very much for your help. I sent them within the legal deadlines but no recorded delivery, perhaps not the smartest move...

Any Other Information or Background Details

I filed the Acknowledgement of Service within the deadline
I also submitted my defence in time and got an acknowledgement of receipt from HM Courts & Tribunals Service.

I received a letter from the Claimant with a copy of a Notice of Proposed Allocation to the Small Claims Track, advising me that I would receive something similar from the Court.
Or at least that was my understanding.

Due to a health situation in the family, I could not pay attention to this matter for about a month but I had the understanding in my head that I could rely on receiving a further communication directly from the Court which before I needed to take any actions.

The health situation has now been solved and I'm reviewing what I need to do and if I have missed anything. The claim online shows that a 'DQ' was sent to me on the 20th of April 2020, which I never received directly from the Court but I'm now wondering if what the Claimant sent me is what I needed to fill?

Does anyone know? the deadlines have clearly passed...*

Enclosed to the document is also a 'Would you like to settle your case without going to a court hearing? should I reply to this?

I am now very confused as to what my next step should be, the last update on the Status Summary of the claim online is the 'DQ sent to you...' more than a month ago...

Any help or indication will be very welcomed.

[MIKE770]

Celestine*

[MIKE770]

Celestine* * *may advise here for you

[RUKI]

Celestine may advise here for you

Thank you MIKE770, I will await to see if Celestine is so kind as to have a little read at my case.

[Celestine]

I sense this probably has more to do with Covid19 than anything more sinister. Lowell will have had very reduced staff for the last few weeks and no doubt have had thousands of incoming calls from customers struggling to maintain payment plans.*
I would recommend telephoning the court to get an update (you may be on hold a long time). Also give Lowell a call/email to seek an update on whether they have sent any DQ on to you.

[Celestine]

Just read on this thread that the courts are not taking all calls:https://legalbeagles.info/forums/for...rivate-parking
Maybe an email would be safer, but also unlikely to receive a quick reply.
You can download and complete the form here:https://assets.publishing.service.go...1/n180-eng.pdf
Send a copy to claimant and court by email.

[RUKI]

Thank you Celestine,*


I will send print and send the questionnaire, however

Does it matter that the Summary Status online shows that a 'DQ sent to you on the 20/4'?
Would that mean that deadlines have already passed?

Sorry about the number of questions but I'm totally ignorant on this matter, is it recommended that I accept Mediation Service (if I'm still in time to do it...)?
I could only afford to pay 10 to 15% of the claimed amount. Or on the other hand, since they have not provided the requested past information (although not recorded delivery), is it better to wait and let the Court set a date for the Court case?

Thanks again for your help.

*

[Celestine]

Hi Ruki - The courts are not working properly currently so I strongly suspect this will be why you've not received documents. By sending in the DQ, you are being proactive and keeping on top of things during strange times. You can tick yes to mediation but in reality, until they produce the documents, there's not much to discuss.*
Did they ever acknowledge your CCA request? Lowell usually do send a letter saying they are seeking the documents from the original creditor. Be worth checking it was safely received.

[RUKI]

Hi Ruki - The courts are not working properly currently so I strongly suspect this will be why you've not received documents. By sending in the DQ, you are being proactive and keeping on top of things during strange times. You can tick yes to mediation but in reality, until they produce the documents, there's not much to discuss.
Did they ever acknowledge your CCA request? Lowell usually do send a letter saying they are seeking the documents from the original creditor. Be worth checking it was safely received.

Thanks Celestine,

I have checked the letter Lowell Solicitors sent me acknowledging my Acknowledgment of Service and they also mention: "Please be advised that a request has been sent to our client for a copy of the requested documentation but be advised we are unable to control the timeframe in which it takes for these to be provided. Once in receipt we shall contact you promptly."


I will go ahead with the DQ questionnaire, but in the meantime and after doing some more reading, what are your thoughts on sending a Full and Final offer at this stage?. As I mentioned 15%, perhaps a maximum of 20% at a total stretch is what I could offer, do you think it has any option to succeed? Is it even advisable to do that at this time?

Is there any advantage in doing so? Perhaps a Full and Final offer is better for the Credit Score than going ahead? Avoiding a CCJ?
Other entries in the forum advice not to do that and wait until Lowel can produce (or not) documentation but I would really like to clear my awful Credit Score as much as possible and avoid all the stress this situation is causing me.

Again, I really appreciate your help and advice on this.

[MIKE770]

you can negotiate to-wards the end you may be in better discount position by then IF they have a real chance of success?* mostly not,* read threads too early to cave in to the money grabbers when you may not owe them??

[RUKI]

Thanks All,

I have a question, EVEN THOUGH I printed and sent the Directions Questionnaire, following the advice on this forum, I received a letter from the County Court Business Centre telling me that a Notice of Proposed Allocation to Track had been sent to me and that I had failed to file the Directions Questionnaire with the CBBC by the date specified in the Notice (??). They ORDER me to file it within 7 days of the date indicated in the letter, which just leaves me with one day to file it.

I NEVER received such letter, I will try to clarify what happened with them but in the meantime, it seems clear to me that I will need to file it again, to avoid the consequences mentioned in the letter. Luckily there seems to be an option to file it online and I'm in the process of doing so.

I ticked, and I will tick again the Mediation option. I'm really afraid of getting a CCJ, should I negotiate during the Mediation process? I could only pay 15% of the debt and I doubt they will accept but on the other hand they still have not provided the documentation needed and I doubt they will at this point. What happens if the process moves to a small claims hearing? will I still have a chance to negotiate then or can it result in a CCJ at that point?

[MIKE770]

too early at mediation 15% would not stop them they would want a regular amount on consent which at this stage I would avoid, as can be needed if necessary at a later stage , if they have not at mediation given you the documents then mediation will not take place anyway, do not fall in their trap of caving in as later they might run too early to panic, get that paperwork in on MCOL urgent

[MIKE770]

Celestine

[RUKI]

too early at mediation 15% would not stop them they would want a regular amount on consent which at this stage I would avoid, as can be needed if necessary at a later stage , if they have not at mediation given you the documents then mediation will not take place anyway, do not fall in their trap of caving in as later they might run too early to panic, get that paperwork in on MCOL urgent

Thank you MIKE770,

I have already filed the Directions Questionnaire to the email on the letter and received a confirmation email. Your message seems to confirm that there will, in fact, be a chance to negotiate at a later stage? I understand that the closer to the hearing date, with no documents provided, the more chances of them negotiating, but I'm getting really nervous at getting something wrong and end up with a CCJ.

[Guest]

As others have been warned on here, don't panic or make offers of payment, no proof no case, just sit back and wait.