Lowell Court summons

[khaleesi]

Re: Lowell Court summons

Ah right.

Well it does state our reasons and we were waiting for replies from lowell and their solicitors so surely you can add to defence?

[nemesis45]

Re: Lowell Court summons

We sent both letters off Friday and both have been signed for this morning, we have printed off the signatures.

My partner responded to the court on-line Friday night after work, he said he intended to defend and just wrote a breif reply for reason of defence was he did not believe he owed the money as it stated credit card and he has never had a credit card with them and that he had send letters to both solicitors and lowell but it was only a brief reply. Did he do the right thing? What happens next? Will we then have to give a full defence or will they only take what he briefly replied? Does the court reply to the reason of defence?

We had nothing to say its now extended to 28 days.

The " brief reply" will be taken as your husbands defence, and the court process will continues with a copy of the defence being sent to the claimants solicitors who will have 28 days from the date they receive the defence to respond.

nem




Fortunately he will be able to expand on the defence somewhat if/when the claim gets to the stage when " witness " statements are required.

[khaleesi]

Re: Lowell Court summons

So we should be OK.

He basically denied knowledge of the claim and states hes awaiting information back from lowell so I am guessing its not too bad.

We feel it is statutory barred anyway.
Also they have added to both our credit files this debt with same dates as provident have so it looks like we have 2 debts on credit file when we only have 1. Exact same dates that do not even add up.

[khaleesi]

Re: Lowell Court summons

So we had a letter back from the solicitors saying they have asked their client for the information and that they may have to go back to the original creditors to ask for the paperwork.

Does that mean the chances are they do not even have the full details and just decided to take us to court anyway!

[nemesis45]

Re: Lowell Court summons

So we had a letter back from the solicitors saying they have asked their client for the information and that they may have to go back to the original creditors to ask for the paperwork.

Does that mean the chances are they do not even have the full details and just decided to take us to court anyway!

Good morning, this is routine as debts are sold in portfolio lots with the absolute minimum of data.

Does the letter mention the claim being " ON HOLD" or similar wording?

Please be aware that the solicitors " on hold " does not stop the court processes so defence needs to be done and submitted within the time allowed.

nem

[khaleesi]

Re: Lowell Court summons

It states it is unambiguous with the courts

Unfortunately my partner did not know what to do and gave a brief defence so it is already filed though he did say he did not agree with it and was waiting the proof from both the solicitors and Lowell

It states the request for forms should not effect us filing defence in the time scale provided.

[nemesis45]

Re: Lowell Court summons

It states it is unambiguous with the courts

Unfortunately my partner did not know what to do and gave a brief defence so it is already filed though he did say he did not agree with it and was waiting the proof from both the solicitors and Lowell

It states the request for forms should not effect us filing defence in the time scale provided.

When all is said and done the claimant has to prove the debt is owed and have the documents to enable enforcement.

nem

[khaleesi]

Re: Lowell Court summons

Thanks.

I am a bit miffed atm as on our credit score it shows both a debt for provident and a debt for lowell
it makes it look like we have 2 debts but if this is the debt lowell are chasing from provident can they actually put another marker on our credit report and its up by 2k to what the provident one says.

Very very confusing.

edit to say this is why we are thinking it is not provident but real personal finance who provident took over when they went insolvent in 2009 and was last time we paid it.
also the dates for lowell say November 2015 making it look like a new debt so again we can not see dates.

But thanks for all your help

[nemesis45]

Re: Lowell Court summons

Thanks.

I am a bit miffed atm as on our credit score it shows both a debt for provident and a debt for lowell
it makes it look like we have 2 debts but if this is the debt lowell are chasing from provident can they actually put another marker on our credit report and its up by 2k to what the provident one says.

Very very confusing.

edit to say this is why we are thinking it is not provident but real personal finance who provident took over when they went insolvent in 2009 and was last time we paid it.
also the dates for lowell say November 2015 making it look like a new debt so again we can not see dates.

But thanks for all your help

,

Hi The Information Commissioners Office which regulates under the provisions of The Data Protection Act 1998 changed its view on how the data provided by " creditors" should be shown on credit reference files.

It was decided that the data shown must be accurate and up to date and show a true picture of the conduct of an account.

One now sees the Original Creditors Entry show " Satisfied" (By the sale of the date to a debt purchaser) side by side (as reqd) with the new owners entry showing its detail. Account details, date opened and the default date must remain the same as the original entry.

Those who may be authorised to view the files will be well aware that this is an up to date picture of the status of the account.

nem

[khaleesi]

Re: Lowell Court summons

Sorry to keep posting

But unsure what to do now.

As stated above my partner put in a brief defence and we had a letter back from the court saying the claimant had 28 days to reply to our defence

does this effect the time frame of 12+2 days for a CCA1974 Request as they received our request on 14th March and we have received nothing from them not even an acknowledgement of the request.

The solicitors did acknowledge our request to them dated 14th March 2016 but said they had to ask the claimant to provide the documents to them.

Do we just await the courts to now get back to us?

It has been 21 days since Lowell received our letter. We also received the letter from the court which was dated 14th March 2016 so is it 28 days from that date for them to get back to the court?

Thanks for all your time here.

[nemesis45]

Re: Lowell Court summons

[QUOTE=khaleesi;638305]Sorry to keep posting

But unsure what to do now.

As stated above my partner put in a brief defence and we had a letter back from the court saying the claimant had 28 days to reply to our defence

does this effect the time frame of 12+2 days for a CCA1974 Request as they received our request on 14th March and we have received nothing from them not even an acknowledgement of the request.

The solicitors did acknowledge our request to them dated 14th March 2016 but said they had to ask the claimant to provide the documents to them.

Do we just await the courts to now get back to us?

The claimant has 28 days as you say to respond to the defence irrespective of the statutory 12 +2 timescale for the CCA request has no effect on the response to the defence.
If the CCA request is not complied with by the time the 12 + working days expires it renders the debt unenforceable until the agreement is provided.
If the claimant fails to respond to the defence the court will stay the claim you will have to phone the court to check on the status of the claim.

nem

[khaleesi]

Re: Lowell Court summons

OK so today we received a letter of Notice to say it appears the case is suitable for allocation to the small claims court.

In there is a directions questionnaire

First part asks about mediation just a tick box yes or no and contact details part.

Part 2 is if we agree the small claims track is the appropriate actions with a part to say why if we say no

Part 3 about the hearing venue, witnesses, ect.

Now how do we go about filling this in considering they still have not complied with the CCA1974 request not even a letter of acknowledgement and the solicitors have still not complied with the CPR31.14 request but did respond that they needed the information from the original creditors.

So do we agree to mediation and send a separate letter with the form stating we still have not had the requested information so although we agree to mediation we can only proceed after we have all the paper work to see what and when this debt is for. Or do we decline and then decline small claims with the reason we have not received our cca1974 request of the CPR31.14 from the solicitors.

Also should lowell have replied to our defence and should we have had a copy of this?


Thanks for all your help

[nemesis45]

Re: Lowell Court summons

OK so today we received a letter of Notice to say it appears the case is suitable for allocation to the small claims court.

In there is a directions questionnaire

First part asks about mediation just a tick box yes or no and contact details part.

Part 2 is if we agree the small claims track is the appropriate actions with a part to say why if we say no

Part 3 about the hearing venue, witnesses, ect.

Now how do we go about filling this in considering they still have not complied with the CCA1974 request not even a letter of acknowledgement and the solicitors have still not complied with the CPR31.14 request but did respond that they needed the information from the original creditors.

So do we agree to mediation and send a separate letter with the form stating we still have not had the requested information so although we agree to mediation we can only proceed after we have all the paper work to see what and when this debt is for. Or do we decline and then decline small claims with the reason we have not received our cca1974 request of the CPR31.14 from the solicitors.

Also should lowell have replied to our defence and should we have had a copy of this?


Thanks for all your help

Good morning,

The DQ questions.

Answer: Yes to small claims track.
yes to moderation.
No to dispute jurisdiction.

Hearing: Any dates that you are NOT available.

No expert witnesses/witnesses.

Just fill in the name of your local court.


List the actual questions here with your answers for ease, then we can go through it with you.

nem

[khaleesi]

Re: Lowell Court summons

There is no part about Jurisdiction.

The form is exactly this one.

http://hmctsformfinder.justice.gov.u...s/n180-eng.pdf



What do I do about the fact they have not given us any information

[nemesis45]

Re: Lowell Court summons

There is no part about Jurisdiction.

The form is exactly this one.

http://hmctsformfinder.justice.gov.u...s/n180-eng.pdf



What do I do about the fact they have not given us any information

Nothing at this stage, if they don't have the agreement they can't enforce the debt.
You can't ask the court/tell the court about no compliance with requests at this stage (administrative) that's for defence and your witness statement.

nem