Recieved County Court Claim- Lowell PortfolioI Ltd

[GM2226]

Hello everyone!
Please advise
Details are as follows:

Received a claim? Yes
Issue Date: 14/01/2021
Have you Acknowledged the claim? Yes
Total amount claimed: £5500
Claimant Name: Lowell Portfolio I Ltd
Solicitor Firm: Lowell Solicitors Limited
Original Creditor: YYYYYY
Original debt: Credit card
Particulars of Claim:
1) The Defendant entered into a Consumer Credit Act 1974 regulated agreement with YYYYYY under account reference xxxxxxxx ('the Agreement').
2) The Defendant failed to maintain the required payments and arrears began to accrue.
3) The Agreement was later assigned to the Claimant on xx/xx/2019 and notice given to the Defendant.
4) Despite repeated requests for payment, the sum of £5500 remains due and outstanding.
And the Claimant claims
a) The said sum of £5500
b) Interest pursuant to s69 County Courts act 1984 at the rate of 8% per annum from the date of assignment to the date of issue,
accruing at a daily rate of £xx but limited to one year, being £xxx.
c) Costs

Is the Debt Statute Barred? No
List any letters you have sent: CCA and CPR
Any other Information or Background details:
When i received the court papers,i did not act quickly and as such acted at the last minute when the clock was against me.
I started panicking and rang up lowell solicitors, informed them that i had received court paper about the money they are chasing me for but was in financial difficulty and unable to pay. Told them that i could see that other court charges are being added on which is costing them more yet i don't have any money at the moment. told them that i don't want a CCJ registered against me as it will make it even more harder for me to get out of the mess i'm in and at the same time guarantee that i could never be able to pay any money that they are chasing me for irrespective of what debt it is that they think i owe them.
They told me the only option left was either to pay all the money including the court costs with in 30 days or agree to pay the all the money in 6 equal monthly installments without missing a payment or The CCJ will be registered.Told them that i was not in position to do so at the present time as i haven't got the money they are asking of me.
Told me to respond the to the court papers as instructed or a default will be automatically be registered if no response.
Asked them for more time to get myself in order and also asked them for more info about the debt.
They said it was now too late and that i should have asked for any information before court action.told them that a lot was going on due to lockdown restraints. told them that i cant defend myself if i don't clearly know the full details as i had never entered an agreement with them (lowell) and need more clarity. informed them that i will be informing the court of their unwillingness to avail me the info that i need in my defence. they said they will not allow any more time as i have had enough time before hand.

I filed my AOS ( with in the time allowed)
Then also filed my defence ( with in the time allowed ) stating that i can't defend myself untill i have all the info stated in the POC from the Claimant to enable me to fully understand my position.

[GM2226]

Received letter from Lowell Solicitors;

Dear GM2226,

Our client: Lowell Portfolio I Limited
Lowell Reference Number: xxxxxx
Claim Number: xxxxxx
Original Company Name: xxxxxx
Current Balance: £5500

We refer to the above matter in which we act for the claimant.
Further to your Defence and your request for documents, please be advised the documents will be provided upon receipt.
We note you have requested an extension to file your Defence above the 28 days which the Acknowledge of Service provided. Our client is willing for you to re-plead your Defence but at your own expense. Before legal proceedings were issued you were afforded the opportunity to request information but no request was made.

The agreement entered was on the xx/xx/2015. You confirmed that you were employed as employee at xxxxxxx, address xxxxxx. You also confirmed email xxxx@xxx.com and your annual income was £ xxxxxxx. Below is example of some of the transactions:

London YZ
Hilton VV
Zinc GG
Waterstone 99
Online QQQ
AMAZON XYZ

The last payment made was in the sum of £xxx on xx/xx/2017. As no further payments were made the full balance became due and owing.
Our client is satisfied you are liable and invites you to put forward your payment proposals.

Yours sincerely

Lowell Solicitors Limited

[GM2226]

Received another letter from Lowell Solictors;

Dear GM2226,

Our Client: Lowell Portfolio I Limited
Lowell Reference number: xxxxxx
Claim Number: xxxxxx
Current Balance: £5500

We refer to the above matter in which we act for the claimant.

Further to your request for the agreement please be advised our client has requested this and it will be provided in due course.

Yours sincerely
Lowell Solicitors Limited

[GM2226]

Received Letter from HM Courts & Tribunals Service.

Mr GM 2226
Address xxxxxxxxx

Dated 16/02/2019

CASE NUMBER XXXXXXXXX

LOWELL PORTFOLIO I LTD -V- MR GM 2226

I acknowledge receipt of your defence. A copy is being served on the claimant ( or the claimant's solicitor).
The claimant may contact you direct to attempt to resolve any dispute. If the dispute cannot be resolved informally, the claimant will inform the court that he wishes to proceed. The court will then inform you of what will happen.

Where he wishes to proceed, the claimant must contact the court within 28 days after receiving copy of your defence. After that period has elapsed, the claim will be stayed. The only action the claimant can then take will be to apply to a judge for an order lifting the stay.

[GM2226]

Received another Letter from Lowell Solicitors:

Dear GM2226,

We refer to the matter detailed at the side of this page. ..................................Our client: Lowell Portfolio I Ltd

Please find enclosed a copy of the Directions Questionaire .............................Lowell reference number: xxxx
which we have now sent to the Court. The Court will shortly............................. Claim Number: xxxxxxxxxxxxx
send you your own Directions Questionaire and confirm a ................................Original Company: xxxxxxxxx
date by which it must be returned. .................................................. ...............Original account number: xxxx
.................................................. .................................................. ..................Balance: £5500
We have greed to mediation in our Directions Questionaire
which may result in settlement without further legal action and
costs. Mediation would be conducted over the phone by an
independent mediator. If you agree to mediation, please ensure
you tick the " yes" box in part A1 of your Directions Questionaire.

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

We recommend that you obtain independent legal advice in order
to fully understand your rights in relation to this claim.

Please call 00000000000 if you have any queries or any proposals for settlement.

Yours sincerely

Lowell Solicitors Limited

( a copy of Directions questionaire was attached with the letter)

[GM2226]

Received another letter from the Court:

Notice of Proposed Allocation to the Small Claims Track

In the County Court Bussiness Centre
Claim Number: xxxxxxxxx
Claimant: Lowell Portfolio I Ltd
Defendant : GM2226
Date: 2/03/2021

Mr GM2226
address xxxxxx

Important Notice
If you do not comply with this notice the court will make such order as appears to be appropriate. This could include striking out the claim or entering judgement.

TAKE NOTICE THAT

1. This is now a defended claim.
The defendant has filed defence.
2. It appears that this case is suitable for allocation to the small claims track.
If you believe that this track is not the appropriate track for the claim, you must complete box C1 on the small claims Directions Questionaire
(Form N 180) and explain why.
3. You must by 19/02/2021 complete the Small Claims Directions Questionnaire ( Form N180) and file it with the court office

the County Court Business Centre, 4th Floor St Katherine's House, 21-27 St Katherine's Street, Northampton, NN1 2LH

and serve copies on all other parties.

( The Directions Questionnaire was attached)

[GM2226]

Hello,
The above is where i am at the moment.
Questions;

1. What does this mean in? ( look above #2 )

Our client is willing for you to re-plead your Defence but at your own expense. Before legal proceedings were issued you were afforded the opportunity to request information but no request was made.

2. How do i answer the Directions Questionnaire;

A1- Do you agree to this case being referred to the Small Claims Mediation Service?

C1- Do you agree that the small claims track is the appropriate track for this case?
If No, say why not and state the track to which you believe it should be allocated

3. Two Statements:

For mediation to be successful there needs to be some flexibility from all parties and a willingness to listen and consider each other's positions.
Can you agree to this? yes or No

I can confirm that i have enough information about the claim, to allow me to enter into negotiations Yes or No

4. can one enter into mediation when the claimant hasn't given me the requested documents stated in the POC ( this is in reference to confirmation of the above statement of having enough information about the claim)?

Any help please will be much appreciated.
Thank you in advance

[MIKE770]

you agree mediation, do not change defence when mediation ask do you have all the required documents to mediate you state NO if not lowells are trying to pressure you when they have not at this stage got documents to prove the alledged debt, do not talk to lowells i.e. (I do not want CCJ) they know you are getting under pressure and they are the devil who want monies for something they hardly paid anything for, the dirty companies sale alledged debts. the buyers of the debts to make something like 98% profit at your expense.

[MIKE770]

Read Read threads on here to see how lowells operate, they have a pattern of getting things last minute in hope you give up and pay them, or they go to last post if they know they do not have a case then discontinue just before they loose their deposit.

[MIKE770]

CPR 31.14 Request did you send lowells solicitors this request for all document listed on original court form? if not do it now, if you already did this and not received the content another ammunition to state no documents as requested, did you enter request in defence? what did you state in defence?

[GM2226]

CPR 31.14 Request did you send lowells solicitors this request for all document listed on original court form? if not do it now, if you already did this and not received the content another ammunition to state no documents as requested, did you enter request in defence? what did you state in defence?

Thank you Mike770. I sent the CPR31.14 to request for the inspection of what was stated in the POC. I stated it as my defence that until i receive the requested documents im unable to take a position of what is claimed in the POC.

[GM2226]

Hi everyone,
Just an update.
I have now received the documents in the POC from Lowell Solicitors. Any advice as to how to proceed?
I have not yet got a response back from the court with regards to the mediation arrangement. Do I call the court or just wait before forwarding a proposal to Lowell. Lowell keeps pressuring me to settle before going to court. I thought we are at court level now.

[GM2226]

Do I also have to redo my defence now that I have received the documents mentioned in the POC?
Please advise.

[MIKE770]

Celestine

[MIKE770]

you have submitted defence so no - but witness statement later when told to do by court will be used to agree/disagree the contents of the info you got. do not panic they do this to try and get you to!