Lowell Portfolio didn't provide Consumer Credit Act Agreement - still suing????

[SweetRita]

Can anyone kindly advise me on what I should do next please?

· 17/02/2014 A claim was issued against me
· 26/02/2014 My acknowledgement of service was submitted and received by the court
· 26/02/2014 I sent a letter to the claimant, Lowell Portfolio 1 Ltd, requesting proof that this debt is in fact mine along with a copy of my Consumer Credit Agreement as is my entitlement under sections 77-79 of the Consumer Credit Act 1974, they had 12 days from the date of my letter within which to provide this. (AS ADVISED BY LEGAL BEAGLES!!)
· 18/03/2014 My Defence and a copy of the above letter to Lowell Portfolio 1 Ltd was submitted to the court and received
· 31/03/2014 Lowell Portfolio sent a letter acknowledging my letter and request. Over 1 month later and well out of the 12 day time limit.
· 11/04/2014 I emailed the court requesting that this case against me be thrown out. I received an email receipt from the court.
· 15/04/2014 I emailed the court again requesting that this case against me be thrown out. I received an email receipt from the court.
· 15/04/2014 Lowell Portfolio sent a brief letter stating that they intended to continue with the case against me and stating attachments enclosed. There were NO enclosures.
· 15/05/2014 I completed and returned my Direction Questionnaire
· 19/05/2014 I received a copy of Lowell Portfolio’s Direction Questionnaire
· 16/06/2014 I telephoned the court for an update as I had not heard anything for a month. My Money Claim Online account shows no update since the record of my defence being received on 18/03/2014. I was advised by the court that as I had not returned my Direction Questionnaire my defence has been struck out?!

Firstly I did return my questionnaire. Secondly why is the court even allowing me to be sued and progressing this claim against me when there is no proof that this debt is even mine? This case should absolutely have not gone any further when Lowell Portfolio failed to comply with my request within the allowed time frame which is highlighted in bold above.

Please can anyone advise what I should do next?

THANK YOU

[Amethyst]

Re: Lowell Portfolio didn't provide Consumer Credit Act Agreement - still suing????

Okay, you should have received a letter from the court informing you of the striking out of your defence. So you need to call them and ask them to send you that, and then you will need to apply to vary that order on the reasons that you DID return your direction questionnaire and the claim should continue.

You can't usually just email the court asking them to throw a case out, you need to formally apply and pay the relevant fee ( N244 form and £50/£155 fee)

I would to see a copy of your defence though if you can post it up.