Lowell Portfolio ltd Notice of allocation to small claims track

[socks]

I received a court claim and followed the advice on this site. I have since received a letter from Lowell dated the 17/7 stating that they would place my account on hold whilst waiting for a copy of my credit agreement.

i have also received a letter from there solicitors Bryan Carter dated the 15/7 saying they wished to proceed but we're willing to enter negotiations.

Since these communications I have received a Notice of Proposed Allocation to the Small Claims Track form N180.

What at is it I should do next, I'm really confused.

Thank you so much

[nemesis45]

Re: Lowell Portfolio ltd Notice of allocation to small claims track

I received a court claim and followed the advice on this site. I have since received a letter from Lowell dated the 17/7 stating that they would place my account on hold whilst waiting for a copy of my credit agreement.

i have also received a letter from there solicitors Bryan Carter dated the 15/7 saying they wished to proceed but we're willing to enter negotiations.

Since these communications I have received a Notice of Proposed Allocation to the Small Claims Track form N180.

What at is it I should do next, I'm really confused.

Thank you so much

Hi this normal court process so complete and serve the Allocations form, tick yes to mediation ( it's expected the parties will try to seek resolutions with out recourse to a hearing)
The court will process the N180 details.
Whilst Lowell is not in possession of the agrement it cannot enforce the debt.

[FlamingParrot]

Re: Lowell Portfolio ltd Notice of allocation to small claims track

I received a court claim and followed the advice on this site. I have since received a letter from Lowell dated the 17/7 stating that they would place my account on hold whilst waiting for a copy of my credit agreement.

i have also received a letter from there solicitors Bryan Carter dated the 15/7 saying they wished to proceed but we're willing to enter negotiations.

Goes to show how well they communicate with each other. :lol:

The 'on hold' letter is their generic template they use to reply to CCA requests, regardless of whether a claim has been issued. :mmph:

Since these communications I have received a Notice of Proposed Allocation to the Small Claims Track form N180.

What at is it I should do next, I'm really confused.

Thank you so much

You need to fill in and return the N180 giving details of your local court and any dates you won't be available for a hearing. No need for experts or interpreters, under witnesses only one (yourself). .

Once the questionnaires are returned the court will give directions to Lowell to supply the documents at least 14 days before the hearing date once it's listed. Knowing their track record with documents... we could be looking at a discontinuance. ray: ray: ray:

[socks]

Re: Lowell Portfolio ltd Notice of allocation to small claims track

Thanks for the advice above.

i have a court date set for the 20/10, I was provided with proof of this debt 7/10. I have since written to them to offer an agreement and request they stop the court proceedings.

In case this is not done in time to stop the court case is there anything I can send to the court to request they stop this action?

thanks

[FlamingParrot]

Re: Lowell Portfolio ltd Notice of allocation to small claims track

Thanks for the advice above.

i have a court date set for the 20/10, I was provided with proof of this debt 7/10. I have since written to them to offer an agreement and request they stop the court proceedings.

In case this is not done in time to stop the court case is there anything I can send to the court to request they stop this action?

If you feel they have provided enforceable paperwork, a Tomlin order would be the way to go. The order stays proceedings as long as you keep to the terms of the order and make the agreed repayments, however, if you don't they have liberty to apply to lift the stay and request summary judgment. For that reason you need to ensure that your offer is sustainable in the long term.

[nemesis45]

Re: Lowell Portfolio ltd Notice of allocation to small claims track

Thanks for the advice above.

i have a court date set for the 20/10, I was provided with proof of this debt 7/10. I have since written to them to offer an agreement and request they stop the court proceedings.

In case this is not done in time to stop the court case is there anything I can send to the court to request they stop this action?

thanks

Is it certain that the documents you have received are fully compliant?
You need to be aware that if a consent/Tomlin order is agreed the offer
must be affordable and sustainable over an extended period of time and
should not be seen as a quick fix for avoiding a judgement in the immediate
future, if you breach the order at any time the claimant is able to seek
summary judgement and you then have a CCJ which will be with for another
6 years.

nem

[socks]

Re: Lowell Portfolio ltd Notice of allocation to small claims track

Is a Tomlin order something I can complete and send to the court without anything from the solicitors? Could I get a copy of one on line?

[FlamingParrot]

Re: Lowell Portfolio ltd Notice of allocation to small claims track

Is a Tomlin order something I can complete and send to the court without anything from the solicitors? Could I get a copy of one on line?

A Tomlin order is a form of consent order that you agree with the other side so it would be agreed with Carter. There are some examples here: http://www.legalbeagles.info/forums/...221#post485221

At least one of them involves Carter. :grin:

[Berniethebolt]

Re: Lowell Portfolio ltd Notice of allocation to small claims track

Thanks for the advice above.

i have a court date set for the 20/10, I was provided with proof of this debt 7/10. I have since written to them to offer an agreement and request they stop the court proceedings.

In case this is not done in time to stop the court case is there anything I can send to the court to request they stop this action?

thanks

Hi
I think the others have asked but what exactly was the proof of the debt?
I assume you had sent a CCA request to Lowells and a CPR 31.14 request to Carter.

There are very few details on here about the debt, when was it taken out, was it a card or loan or catalogue account , what did you ask for and what was sent .
I don't want to offer false hope but maybe, just maybe all is not yet lost .
A few more details might enable someone to come up with something

[nemesis45]

Re: Lowell Portfolio ltd Notice of allocation to small claims track

Is a Tomlin order something I can complete and send to the court without anything from the solicitors? Could I get a copy of one on line?

I would not consider attempting to be party to a consent order without proper advice, you could well
end up with a totally unmanageable commitment of a very long time.
May we see the documents the claimant has produced that " prove" this debt.

nem

nem

[FlamingParrot]

Re: Lowell Portfolio ltd Notice of allocation to small claims track

I would not consider attempting to be party to a consent order without proper advice, you could well
end up with a totally unmanageable commitment of a very long time.
May we see the documents the claimant has produced that " prove" this debt.

Advice from who? I did say that the offer should be sustainable in the long term.

If you feel they have provided enforceable paperwork, a Tomlin order would be the way to go. The order stays proceedings as long as you keep to the terms of the order and make the agreed repayments, however, if you don't they have liberty to apply to lift the stay and request summary judgment. For that reason you need to ensure that your offer is sustainable in the long term.

Before posting up, socks had already written to Carter with an offer so it's not like we're telling him to rush into a consent order. :mmph:

Thanks for the advice above.

i have a court date set for the 20/10, I was provided with proof of this debt 7/10. I have since written to them to offer an agreement and request they stop the court proceedings.

In case this is not done in time to stop the court case is there anything I can send to the court to request they stop this action?

[socks]

Re: Lowell Portfolio ltd Notice of allocation to small claims track

They sent a copy of the signed original agreement, it was signed in 2009. I'm just worried with it being so close to the court date of getting a ccj against my name.

[FlamingParrot]

Re: Lowell Portfolio ltd Notice of allocation to small claims track

They sent a copy of the signed original agreement, it was signed in 2009. I'm just worried with it being so close to the court date of getting a ccj against my name.

Is there any chance of posting up a redacted copy? :typing:

Even though being from 2009 it will probably be enforceable. :ohwell:

[nemesis45]

Re: Lowell Portfolio ltd Notice of allocation to small claims track

Advice from who? I did say that the offer should be sustainable in the long term.

Before posting up, socks had already written to Carter with an offer so it's not like we're telling him to rush into a consent order. :mmph:

A consent order is not always the best or even reasonable conclusion to a claim, it may be for the claimant.
I see so many go badly wrong when defendant are badly advised.

[Berniethebolt]

Re: Lowell Portfolio ltd Notice of allocation to small claims track

No one has said that a consent order has to be the way forward but IT IS an option.

The ones that go so badly wrong are probably those that do not come here first